policy review report final
DESCRIPTION
The ODMP Policy review reportTRANSCRIPT
Jaap Arntzen
Tiego Mpho Kamwenje Nyalugwe
Review and streamlining of national policies, plans, regional protocols and international conventions in relation
to the Okavango Delta
POLICY, PLANNING AND STRATEGY
COMPONENT
Final report
Review and streamlining of national policies, plans, regional protocols and international
conventions
October 2006
Department of Environmental Affairs
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Table of Contents
LIST OF FIGURES .................................................................................................................................... VI LIST OF BOXES...................................................................................................................................... VII ACRONYMS............................................................................................................................................VIII EXECUTIVE SUMMARY............................................................................................................................X 1.0 INTRODUCTION ............................................................................................................................ 1
1.1 THE OKAVANGO DELTA ................................................................................................................ 1 1.2 KEY ISSUES AND CHALLENGES ..................................................................................................... 2
1.2.1 Conflicting interests and uses.......................................................................................... 2 1.2.2 Platforms for coordination and cooperation................................................................... 3 1.2.3 Integration and interaction................................................................................................ 3 1.2.4 Well-defined procedures of interaction........................................................................... 3 1.2.5 Understanding linkages between ecosystems and human development ................. 3 1.2.6 Diverse stakeholder groups ............................................................................................. 3 1.2.7 No common developmental vision for Okavango Delta Ecosystem .......................... 4
1.3 OKAVANGO DELTA MANAGEMENT PLAN ...................................................................................... 4 1.4 PURPOSE OF THE POLICY REVIEW ................................................................................................ 5 1.5 OBJECTIVES OF THE REVIEW AND VISIONING EXERCISE .............................................................. 6 1.6 APPROACH AND METHODOLOGY .................................................................................................. 7 1.7 CRITERIA FOR SELECTION OF POLICY AND LEGISLATION .................................................................... 7
2.0 INTERNATIONAL CONVENTIONS AND REGIONAL PROTOCOLS .................................. 9 2.1 INTRODUCTION.............................................................................................................................. 9 2.2 INTERNATIONAL AGREEMENTS AND CONVENTIONS ...................................................................... 9
2.2.1 The Convention on Wetlands of International Importance (Ramsar 1971)............. 10 2.2.2 UN Framework Convention for Climate Change (UNFCCC) .................................... 11 2.2.3 UN Convention on Biodiversity (UNCBD) .................................................................... 11 2.2.4 Convention on International Trade in Endangered Species (CITES) ...................... 12 2.2.5 UN Convention to Combat Desertification (UNCCD) ................................................. 13 2.2.6 UN Convention on the Law of Non-Navigational Use of International Watercourses..................................................................................................................................... 14 2.2.7 Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (1989) .................................................................................................. 14 2.2.8 Bamako Convention, 1991 ............................................................................................. 15
2.3 REGIONAL AGREEMENTS AND PROTOCOLS ............................................................................... 15 2.3.1 SADC Revised Protocol on Shared Watercourse Systems ...................................... 15 2.3.2 The Agreement Establishing the Permanent Okavango River Basin Water Commission (OKACOM Agreement) ............................................................................................. 16 2.3.3 SADC Regional Water Policy (2006) ............................................................................ 17 2.3.4 SADC Protocol on Fisheries .......................................................................................... 17 2.3.5 SADC Protocol on Development of Tourism ............................................................... 18 2.3.6 SADC Protocol on Wildlife Conservation and Law Enforcement ............................. 19 2.3.7 SADC Protocol on Forestry ................................................................................................... 20 2.3.8 SADC Protocol on Energy ..................................................................................................... 21 2.3.9 SADC Protocol on Mining ...................................................................................................... 22
3.0 NATIONAL POLICIES, STRATEGIES AND REGULATIONS ............................................. 23 3.1 ENVIRONMENTAL POLICIES, STRATEGIES AND REGULATIONS................................................... 23
3.1.1 The National Policy on Natural Resources Conservation and Development ......... 23 3.1.2 Draft Community Based Natural Resources Management Policy (2003)....................... 24 3.1.3 Botswana Wetlands Policy and Strategy............................................................................. 25
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3.1.4 Botswana Biodiversity Strategy and Action Plan (BSAP).......................................... 26 3.1.5 Revised National Action Plan to Combat Desertification (NAPCOD) ...................... 28
3.2 RESOURCE POLICIES .................................................................................................................. 29 3.2.1 Land................................................................................................................................... 29 3.2.2 Wildlife resources ............................................................................................................ 30 3.2.3 Draft National Forest Policy (2005)............................................................................... 33 3.2.4 Botswana National Water Resource Management Plan ........................................... 33
3.3 DEVELOPMENT POLICIES ................................................................................................................... 34 3.3.1 The Revised National Policy for Rural Development (2002) .................................... 34 3.3.2 Community-based Rural Development Strategy 1996............................................... 35 3.3.3 Botswana National Settlement Policy (1998) ............................................................... 36 3.3.4 The Privatisation Policy ................................................................................................... 38 3.3.5Science and Technology Policy for Botswana..................................................................... 38
3.4 ECONOMIC SECTOR POLICIES.................................................................................................... 39 3.4.1 Tourism sector ......................................................................................................................... 39 3.4.2 The Agricultural Sector ................................................................................................... 41
4.0 LEGISLATIVE REVIEW AND ANALYSIS ................................................................................. 43 4.1 GENERAL DEVELOPMENT AND GOVERNANCE ACTS ........................................................................ 43
4.1.1 The Constitution of Botswana........................................................................................ 43 4.1.2 Administrative Districts Act .................................................................................................... 43 4.1.3 Local Government (District Councils) Act............................................................................ 44 4.1.4 Industrial Development Act.................................................................................................... 45 4.1.5 Acquisition of Property Act..................................................................................................... 45 4.1.6 Public Health Act ..................................................................................................................... 45
4.2 ENVIRONMENTAL AND NATURAL RESOURCE ACTS ................................................................... 46 4.2.1Environmental Impact Assessment Act (2005).................................................................... 46 4.2.2 Waste Management Act (1998) ............................................................................................ 46 4.2.3 Land Resources ...................................................................................................................... 47 4.2.4 Wildlife Resources .................................................................................................................. 49 4.2.5 Agricultural Resources ........................................................................................................... 49 4.2.6 Herbage Preservation (Prevention of veld fires) Act (1977) ..................................... 50 4.2.7 Forestry Act (1968 and 2005) ........................................................................................ 50 4.2.8 Fish Protection Act 1975 ................................................................................................ 50
WATER WORKS ACT 1962.................................................................................................................... 51 4.3 SECTORAL ACTS ......................................................................................................................... 52
4.3.1 Mines Quarries Works and Machinery Act ..................................................................... 52 4.3.2 Agriculture ............................................................................................................................. 52
4.3.3 TOURISM .................................................................................................................................. 53 5.0 POLICY ANALYSIS .................................................................................................................. 54
5.1 INTRODUCTION............................................................................................................................ 54 5.3 GENERAL OBSERVATIONS........................................................................................................... 55 5.4 POLICY REVIEW........................................................................................................................... 57
5.4.1 Participation of local communities and private sector.................................................. 57 5.4.2 Decentralisation of resource management and policy implementation ...................... 58 5.4.3 Coordination between policies and different stakeholders........................................... 59 5.4.4 Policy, sectoral and resource conflicts ............................................................................ 59 5.4.5 Environmental perspective ................................................................................................ 60 5.4.6 Ecosystem integrity, resources as economic goods and environmental externalities ........................................................................................................................................ 61 5.4.7 Promoting sustainable resource use ............................................................................ 61 5.4.8 Use of instruments........................................................................................................... 62 5.4.9 Role of research and indigenous knowledge .............................................................. 63
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5.4.10 Gender and youth issues ............................................................................................... 63 5.4.11 CONCLUDING REMARKS ............................................................................................................... 63 5.5 RECOMMENDATIONS ................................................................................................................... 64
5.5.1 Institutions and organisations ........................................................................................ 64 5.5.2 Resource planning ........................................................................................................... 64 5.5.3 Resource rights ................................................................................................................ 65 5.5.4 Policies .............................................................................................................................. 65 5.5.5 Resource monitoring and research............................................................................... 66 5.5.6 Support for CBNRM ........................................................................................................ 66 5.5.7 Sectoral development ..................................................................................................... 66
REFERENCES........................................................................................................................................... 68 APPENDIX 1: DEFINITION AND TERMINOLOGY ............................................................................. 71 APPENDIX 2: SETTLEMENT SIZES IN NGAMILAND DISTRICT IN 2001 .................................... 73 APPENDIX 3: PLANNING ZONES OF NGAMILAND DISTRICT ..................................................... 73 APPENDIX 4: SETTLEMENT HIERARCHY IN THE DISTRICT ....................................................... 73
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List of Figures Figure 1 - Location of the Okavango Ramsar Site .................................................................. 1 Figure 2: The Policy Formulation Cycle .................................................................................. 55
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List of Boxes Box 1: Ecosystem approach principles ..................................................................................... 8 Box 2. Ramsar concept of ‘wise use’......................................................................................... 8 Box 3: Key areas and measures of UNCBD .......................................................................... 12 Box 4: Examples of CITES listed Okavango Delta fauna and flora .................................... 13 Box 5: SADC water policy principles ....................................................................................... 17 Box 6: Proposed areas and measures in SADC Protocol on Forestry............................... 20 Box 7: Developmental and environmental goals of the 1990 White Paper. ...................... 23 Box 8: Strategic objectives and proposed activities (BSAP)................................................ 26 Box 9: Recommended measures for different land tenure categories. .............................. 30 Box 10: Objectives and measures of the DSP. ...................................................................... 37
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Acronyms ADP Agricultural Development Policy
ARB Agricultural Resources Board
BRIMP Botswana Rangeland Inventory and Monitoring Project
BSAP Biodiversity Strategy and Action Plan
CBNRM Community Based Natural Resources Management
CBO Community Based Organisation
CBPP Contagious Bovine Pleuro Pneumonia
CHAs Community Hunting Areas CITES Convention on International Trade in Endangered Species
DAHP Department of Animal Health and Production
DC District Commissioner
DCP Department of Crop Production
DDP District Development Plan
DEA Department of Environmental Affairs
DFRR Department of Forestry and Range Resources
DoT Department of Tourism
DPCWM Department of Sanitation and Waste Management
DSP District Settlement Policy
DSS District Settlement Strategy
DTRP Department of Town and Regional Planning
DWA Department of Water Affairs
DWMPC Department of Waste Management and Pollution Control
DWNP Department of Wildlife and National Parks
EIA Environmental Impact Assessment
FAO Food and Agricultural Organisation
GoB Government of Botswana
HOORC Harry Oppenheimer Okavango Research Centre
IUCN The World Conservation Union
IWRM Integrated Water Resources Management
LB Land Board
MEWT Ministry of Environment Wildlife and Tourism
MFDP Ministry of Finance and Development Planning
NAMPAADD National Master Plan for Arable and Dairy Production
NAP National Action Plan
NAPCOD. National Action Plan to Combat Desertification
NCSA National Conservation Strategy Agency
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NDP National Development Plan
NGO Non Governmental Organisation
NOMP National Ostrich Management Plan
CEDA Citizen Empowerment Development Agency
NSP National Settlement Policy
NWDC North West District Council
ODMP Okavango Delta Management Plan
OKACOM Permanent Okavango River Basin Commission
RADP Remote Area Development Programme
SADC Southern African Development Community
SD Sustainable Development
SEA Strategic Environmental Assessment
SHHA Self Help Housing Agency
TAC Technical Advisory Committee
TGLP Tribal Grazing Land Policy
TLB Tawana Land Board
UN United Nations
UNCBD UN Convention on Biodiversity
UNCCD UN Convention to Combat Desertification
UNCLOS UN Convention on the Law of the Sea
UNDP United Nations Development Programme UNFCCC United Nations Framework Convention for Climate Change
WMAs Wildlife Management Areas
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EXECUTIVE SUMMARY The report presents the main findings and recommendations of the policy review exercise carried out as part of the Okavango Delta Management Plan (ODMP) preparation. Together with “Development of a Common Vision for the Okavango Delta Ramsar Site’ and ‘Economic Valuation of the Okavango Delta’, the ‘Reviewing and Streamlining of National Policies Affecting the Okavango Delta Ramsar Site’ are part of the ‘Policy, Planning and Strategy Component’ of the ODMP implemented and executed by the Department of Environmental Affairs (DEA). After introducing the study area, objectives of the study and ODMP in chapter one, chapter two of the report sets the stage for the actual review and analysis of all relevant national policies and legislation (chapter three and four respectively), with respect to the Okavango Delta. This is achieved via a systematic and abridged commentary on the main international and regional (SADC) conventions and treaties. The concluding chapter, chapter five, analyses multiple international and national policies, strategies and legislation and the analysis leads to specific recommendations, among others, for policy and legislative development (see below). For example, the review showed that there is inadequate coordination between rural development and resource/environmental policies and in that light, certain policies are identified as especially comprehensive and integrative and as such should be used as vehicles for integration and coordination. For the ODMP, these include the revised rural development strategy, NCSA White paper on conservation and development, settlement policy and wetlands policy. Moreover, some policies and Acts are old, and were approved prior to conservation and development paradigm shifts now extant. Examples include the Forestry policy and Act, the Herbage Preservation Act and Agricultural Resources Conservation Act. It is therefore recommended that national policies be regularly up-dated or revised in order to assimilate recent insight and binding international commitment. Comparative analysis of policies revealed that conflicts between such manifest mainly during implementation than otherwise. As such underlying causes of conflict between policies are typically: inadequate coordination between policies, diverging stakeholder interests and discrepancies between policy design and implementation. In the delta specifically, [sectoral] conflicts have arisen between fisheries and tourism, subsistence use and tourism, wildlife and livestock, wildlife and arable production and wildlife and people as well as between hunting and photographic safaris. The review also submits that conflicts can also stem from institutional uncertainty vis-à-vis roles and responsibilities. For example, redefining the role of the Department of Tourism for purposes of clarity and avoiding overlap and competition should accompany the creation of the Botswana Tourism Board. It is hoped that the following recommendations emerging from this review process will go a long way towards the streamlining of relevant national policies and plans with principles of sustainable development, more especially the Ecosystem Approach. Such a course will most likely strengthen sustainable utilisation and conservation of the Okavango Delta ecosystem and associated resources by all and for all stakeholders.
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Institutions and organisations
Recognising that the North West District Council and the Tawana Land Board are two indispensable agencies for successful implementation of the ODMP, it is prudent therefore for the ODMP implementation agency to be located inside the NWDC or the Land Board.
Also, for efficiency of implementation of the ODMP, the coordinating roles of
DLUPU (land and settlements) and TAC (wildlife and CBNRM) need to be emphasised.
In future, a district water planning unit may be required in recognition of the key
role of water resources.
There is need for greater involvement of private sector and communities in policy formulation and implementation. Communities and the private sector should participate in the implementation of ODMP.
It is further recommended that the responsibilities and duties of the new
Botswana Tourism Board and the Department of Tourism be urgently clarified to avoid confusion and conflicts. A merging of the two needs to be considered.
Resource planning
In line with existing laws and policies, the following zones need to be identified and protected accordingly:
Fertile arable land Environmentally sensitive areas e.g., special breeding areas for birds, fish etc Grazing areas and Forest Reserves.
Land use zones should be based on comparative advantages and encourage
where possible multiple, complementary resource uses (e.g. Forest Reserve and photographic tourism).
Settlements and villages inside sensitive areas, presumably mostly the delta
proper, should be discouraged.
Wastewater (Maun, Gumare and in future Shakawe) must be treated as an economic resource that could be used for irrigation, fish farming or other productive purposes.
Resource rights
The number of resources distinguished in Acts and policies need to be reduced and there is need for harmonisation and structuring. The term ‘agricultural resource’ should be dropped. The terms veld products and/or range resources as well as open woodlands and/or savannas need to be defined.
The resource rights need to be clearly spelled out to recipients in terms of:
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Ownership, use or development rights; Which resources are covered and exclusivity (or not) of rights; Which other resource rights are permitted in the same area and which
ones are not? Technical details such as transferability, duration etc.
If national laws do not provide the required details, the DC can make byelaws or
the LB can include it in the lease requirements.
There is need to educate right holders and other stakeholders about the nature of such rights to reduce conflicts (e.g. PR campaign).
Policies
Improving livelihoods and rural development need to go hand-in-hand with resource conservation and utilisation. As such, the ODMP should be firmly rooted in key development and environmental policies that adopt an integrated environmental perspective namely:
National policies: Vision 2016 and NDPs; wetland policy and BSAP;
wildlife and tourism policies; revised Rural Development Policy International policies: Ramsar, SADC water and Forestry Protocols and
opportunities for transfrontier management, NAPCD.
The delta needs to be declared a sensitive area, for which all policies and projects are subject to EIAs/ SEAs, unless the director of DEA rules otherwise.
ODMP implementation should be based on several environmental policy principles:
Precautionary principle (e.g. no large scale irrigation given the environmental
risks), User-pays-principle (esp. for commercial acivities) and Polluter-pays-principle.
Labour-based social welfare projects could be used to encourage environmental
rehabilitation and CBNRM support (e.g. working for water, wood etc.).
Resource revenues from resource charges need to be accounted for in a transparent manner, and preferably they should be re-invested in the sector’s further development (e.g. tourism, wildlife, CBNRM).
It is important that operational indicators are developed for the assessment of
sustainable use/ yields or of resource use ceilings.
Byelaws need to be developed and existing resource management instruments be used to promote sustainable resource management and CBNRM.
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Citizen hunting needs to be abolished in the Ramsar site and the quota need to be transferred to communities or commercial operators.
Tribal land needs to be viewed as both an economically productive and social
good instead of primarily a social good, for example by introducing market forces in their allocation and use.
A policy needs to be developed to manage and sustainably use flora
resources in communal areas, which currently suffer from open access (e.g. through broadening of CBNRM to include economic botany).
There is need for policy harmonisation and rationalisation in the areas of:
Agricultural Resources Conservation Act, the Forest Act and the herbage
Preservation Act; The Acts could be merged into a range resources or Veld products Policy and Act. It would imply that the ARB will be abolished and the existing Acts would be repealed.
The Tribal Land Act and the Town and Country Planning Act. The latter needs to concentrate on peri-urban areas and land developments around large villages through the declaration of planning areas. The authorities of the TCPB and the LBs need to be clearly delineated to avoid overlap and conflicts;
Pollution control policies and legislation to ensure full coverage of all forms of pollution in an integrated and efficient manner (e.g. water pollution, air pollution, waste, hazardous material, noise);
Resource monitoring and research
Monitoring and research aim to support policy formulation, implementation and performance. Resource stocks and sustainable harvest levels need to be assessed and regularly up-dated. Moreover, it is important to assess the comparative advantages of different economic sectors, esp. tourism and wildlife compared to agriculture.
Much is still unknown or uncertain about the dynamics of the delta (e.g.
causes of changes in water flows and tilting of the delta). The ODMP data base and follow up research should generate the missing information.
In the absence of conclusive data, the precautionary principle should be
invoked. Support for CBNRM
The community benefits from Parks should be increased through Community zones, collection of veld products and firewood and Park and People strategy.
Moreover, the skills and capacity of CBOs need to be enhanced through long
term assistance and promoting joint ventures. Support could be linked to RADP, ADP, RRDP and the CBNRM policy
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Sectoral development
With respect to dryland arable farming, continued support needs to be offered to [subsistence] farmers whilst bearing in mind that the area’s potential for [commercial] dryland farming is extremely limited, and therefore this sector should not be encouraged in the area.
Molapo farming could be encouraged in the relevant areas based on the better
soils and soil moisture conditions. There is need to increase its yields.
With respect to livestock production, the viability of livestock ranching is doubtful given present market conditions. Switching towards game farming could benefit the tourism sector.
Cattle post farming and village area farming: can be encouraged but away from
the delta and WMAs.
With respect to tourism, diversification and further development need to be promoted subject to sustainable resource use. CBNRM needs to be integral part in tourism development and diversification, and is an important means of achieving a fairer distribution of the sector.
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1.0 INTRODUCTION 1.1 The Okavango Delta Often referred to as the “jewel of the Kalahari”, the Okavango delta is one of the most remarkable river ecosystems in the world. It is a ‘true’ oasis in what should otherwise be a harsh desert environment; the 12 000 km2 in-land delta is home to over 120 species of mammals, 500 birds, over 600 herbs and 195 woody plants and is the focus of Botswana’s ecotourism. Situated in the north-western edge of Botswana’s Kalahari sand veld, the delta forms the end of the Okavango River Basin. The river system rises in Angola as the Kubango and is joined by the Cuito River before crossing the Caprivi Strip of Namibia into Botswana. Like very few other large rivers, the Okavango has so far remained relatively pristine. However, development pressures are rising, making resource conservation and sustainable use critically important.
Figure 1 - Location of the Okavango Ramsar Site
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The Government of Botswana ratified the Convention on Wetlands of International Importance in April 1997 and listed the Okavango Delta and the surrounding areas as a Ramsar site (Figure 1). The delta is currently the largest Ramsar site in the world. It is located entirely within the Ngamiland District, and experiences large variations in flooding of seasonal and intermittently flooded areas. Annual inflow ranges from 7 000 to 15 000 million cubic metres; flow variations have a profound effect on ecological processes such as sedimentation and water distribution. Poverty is still high at 30.2% country-wide (Budget Speech 2005/06) and poverty has proved to be very persistent over the years, aggravated by Contagious Bovine Pleuro Pneumonia (CBPP) outbreak and subsequent killing of all cattle in Ngamiland district. Most of the population in Ngamiland outside Maun depends directly on the utilisation of natural resources of the delta for subsistence. However, natural factors such as changes in flow pattern, outbreaks of diseases and the prevalence of tsetse fly have restricted land settlement and use of the Delta. Many ethnic groups, all with different perceptions of land and natural resource utilisation, are presently living mainly along the fringes of the Delta. Fishing, hunting, livestock grazing, floodplain cultivation and collection of raw materials for building, fuel and the production of handicrafts are important factors of the local economy. Although arable agriculture is also practised in Ngamiland it is mainly at a subsistence level through small-scale flood recession farming (“molapo” farming). According to the National Master Plan for Arable and Dairy Development (NAMPAADD) the soils and prevailing climate are generally not well suited for large-scale, commercial crop production. 1.2 Key issues and challenges While Botswana has over the years created a stable enabling environment for sustainable development, the country still faces a number of challenges in its endeavours to achieve real sustainable and effective management of ecosystems and related natural resources. Many of these challenges have been encountered in the Okavango Delta. 1.2.1 Conflicting interests and uses There are three elements that form the axis on which issues surrounding the delta revolve. These include the fact that the delta itself, with its ecological qualities and the natural processes is a complex system. Due to natural processes, there have been some signs of the delta diminishing in size due to lower rainfall and less inflows (ODMP Hydrology Component Reports) . This is happening within the context of increasing use. Secondly, there is a wide range of land and resource utilisation practices undertaken by a spectrum of users (e.g. residents and private sector tour operators) who derive varying benefits from the resources of the delta. Thirdly, there is a varied range of actors and role players (e.g. GoB institutions not directly involved in the ODMP) involved in managing the delta’s resources, each with their own mandate, practices and interests. While some of these actions can be complimentary, others are conflicting and detrimental to the vitality of the Delta.
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1.2.2 Platforms for coordination and cooperation Botswana has a wide range of policies, legislation and plans for sustainable development and the effective management of the delta ecosystem. The main challenge is coordinated implementation. In most cases, platforms for this coordination and cooperation do not exist or are not yet effective. The use and management of the Okavango Delta ecosystem requires institutional structures that can effectively facilitate the necessary coordination within and between the various sectors in order to achieve sustainable natural resource use and maintain the balance of the ecosystem. 1.2.3 Integration and interaction Integrated natural resources management is an important contemporary development agenda which helps to address institutional problems and capacity building for the use, control, preservation and sustainability of natural resources. Integrated resource management therefore refers to the management of natural resources. The current largely sectoral approach to management is a major challenge faced in the use and management of the Okavango Delta ecosystem. 1.2.4 Well-defined procedures of interaction Well-defined procedures of interaction between and among stakeholders are key to the success and effectiveness of institutional frameworks and arrangements for sustainable development and effective management of ecosystems. While Botswana has made considerable efforts in facilitating interactions among various stakeholders, well-defined procedures are still limited and this is a key challenge for the sustainable use of the Delta’s natural resources. For instance traditional regimes and frameworks are not adequately recognised and integrated in these frameworks. 1.2.5 Understanding linkages between ecosystems and human development An ecosystem is a dynamic complex of plant, animal and micro-organism communities and their non-living environment interacting as a functional, largely self sustaining unit but also in conjunction with the larger cycles of nature. People and ecosystems are bound together by the strands of a web that is both resilient and complex. Understanding these relationships is critical to sustainable use of natural resources. The understanding and appreciation of the links between ecosystems and human development is limited countrywide and failure to pay attention to ecosystem services will ultimately limit human development. 1.2.6 Diverse stakeholder groups Being a large and one of the prime ecosystems in Botswana, the Okavango Delta has a large number of stakeholders. These in turn produce complex sub-sets of individual and collective actions that take place on a daily basis in the Delta, all with economic, political, social, cultural or ecological motivations. Farmers graze and water their cattle; women
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cut palm leaves for their baskets; boys fish for their supper; men cut down age-old trees to make mokoro; tourists go on game drives; Non-Governmental Organizations (NGOs) and universities set up camps to conduct research; the North West District Council (NWDC) and the Department of Water Affairs (DWA) drill boreholes and constructed pipelines to provide water to settlements; the Tsetse Fly Control Unit erects insecticide-impregnated flags in tsetse prone areas; etc. (IUCN Botswana, 2002). A big challenge lies in fostering effective coordination and collaboration among and between groups of stakeholders, which are currently involved in the management of the ecosystem and in bringing on board relevant new players. Although the Department of Environmental Affairs (DEA) plays a critical role in fostering coordination, there is no common vision and appropriate framework, which brings players with different interests and intentions together. 1.2.7 No common developmental vision for Okavango Delta Ecosystem The experience in ecosystem management, within a situation of diverse stakeholders has shown that sustainable use and effective management cannot achieve its full potential if there is no common overall objective. In an ecosystem, a single unit affected by the interplay of a multitude of stakeholders whose interests and aspirations are sometimes competing and conflicting, a common shared vision and/or aspiration is a very important dimension in the sustainable use and effective management of the system. Given the diversity of stakeholders and their interests in the Okavango Delta, the development of a common vision among stakeholders is of paramount importance. This delta vision would fit into the National Vision 2016 (see chapter 3). 1.3 Okavango Delta Management Plan Concerns over increasing threats to, as well as actual impacts on the well-being and of the Okavango Delta and other wetlands have been raised and observed over the years. Among other factors, such changes have been attributed to a growing population, its accompanying socio-economic developments and the impacts of these. Land use conflicts are common and resource management strategies are not always in harmony. These concerns led Government to develop the draft National Wetlands Policy and Strategy (2001). The provisions of the Wetlands Policy, including obligations under the Ramsar Convention, require that Botswana develop an Integrated Management Plan of the Okavango Delta. The specific objective of this exercise is to develop a comprehensive, integrated management plan for the conservation and sustainable use of the Okavango Delta and surrounding areas (NCSA & ODMP, 2004). The long-term goal of the Okavango Delta Management Plan is to ‘integrate resource management for the Okavango Delta that will ensure its long-term conservation and that will provide benefits for the present and future well being of people through sustainable use of its natural resources.” (NCSA, 2002). The Project consists of twelve sectoral components which are under the oversight of different agencies, and these include, Policy, Planning and Strategy – including project management, co-ordination, integration, technical assistance: National Conservation
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Strategy Agency (NCSA), Communication: National Conservation Strategy Agency (NCSA), Hydrology and water resources: Department of Water Affairs (DWA), Wildlife Management: Department of Wildlife and National Parks (DWNP), Fisheries Management: Department of Wildlife and National Parks (DWNP), Division of Fisheries, Sustainable Tourism and CBNRM: Department of Tourism (DoT) and North West District Council (NWDC), Waste Management: North West District Council (NWDC), Physical Planning: Department of Town and Regional Planning (DTRP) through physical planners at the North West District Council, Sustainable Livestock Management: Department of Animal Health and Production (DAHP), Vegetation Resources: Department of Crop Production (DCP), Division of Forestry and the Agricultural Resources Board (ARB), Land use Planning and Land Management: Tawana Land Board (TLB) in association with DLUPU, and Research, Data Storage and Data Management: Harry Oppenheimer Okavango Research Centre (HOORC). 1.4 Purpose of the policy review In pursuit of its objective of sustainable use and management of the Okavango Delta ecosystem resources, the Government realised that many policies that currently drive execution of the various sector programmes in Botswana are often not formulated or implemented in consonance either with one another or with the principles of sustainable development. The existing policies are frequently at odds with each other and promote sectional interest at the expense of inter-sectoral cohesion and coordination. Recognising these challenges and gaps, government included the review and streamlining of existing policies as part of the Policy, Planning and Strategy component. The policy, planning and strategy component entails, inter alia, the ‘Reviewing and streamlining of national policies affecting the Okavango Delta Ramsar Site’ and the ‘Development of a common vision for Okavango Delta Ramsar Site”. The need for a policy review and streamlining also arose from the critical examination of some of the existing shortfalls in the management of the Delta. For instance, the ODMP Inception Report, February 2005 notes that there are a number of policy and visioning issues and challenges facing the government in its attempts to manage the Delta. These include:
• Conflicting and contradictory policies and plans • Insufficient and inappropriate stakeholder communication and consultative mechanisms • Inaccessible existing information • Research gaps, specifically in relation to management needs • Water abstraction and obstruction by competing users • Lack of understanding of the areas’ hydrology • The large and increasing elephant population • Human – wildlife conflicts • Unsustainable or inappropriate tourism practices and numbers • Ineffective community based natural resource management (CBNRM) programmes • Possible over fishing • Unsustainable harvesting of veldt products • Veld fires • Inappropriate or unsustainable settlement development • Inappropriate or unsustainable land use practices • Inappropriate or insufficient waste management practices • Veterinary fences vis-à-vis wildlife migratory routes.
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• Proximity of livestock to wildlife The review of national policies, plans, regional protocols and international conventions will therefore assist to streamline them so that they are consistent with principles of sustainable development and the holistic management of the Okavango Delta ecosystem. The streamlining of conflicting policies will enable Government to manage the Delta in a manner that is consonant with international best practice. The importance of the analysis of the policy framework is that policies are a foundational setting for governance structures related to the Delta. Guidance for the development of robust policies is important in achieving effective environmental, social and economic governance of the Delta, in which all the actors including the environment are aware of their interdependence and responsibilities towards each other. The process of developing an integrated management plan for the Okavango Delta is bringing together diverse interests of local, national, regional and international stakeholders. A number of these needs and interests are of a potentially conflicting nature and this applies at the local and national level within the Okavango Delta itself and between the riparian countries sharing the Okavango River. The visioning exercise in the context of the policy framework is to provide guidance in policy development in order to meet the future developmental needs in the Okavango Delta. The Policy framework that impacts on the Delta has to be dynamic to meet the needs for sustainable development by providing a vision of what the policy development has to take into account so that all laws, strategies, projects, programmes or action plans are based on specific tangible results that bring sustainability to the Okavango Delta. 1.5 Objectives of the review and visioning exercise The Okavango Delta Policy and Visioning process is taking place against a background of problematic and diverse land issues, with land conflicts increasing between different forms of land use and between urban and rural areas; land degradation, especially around large settlements and water points; decline in wildlife numbers and diversity; loss of wildlife species and veldt products; water scarcity and rapid growth in water demand; degradation of rangelands in certain areas; and groundwater pollution. The Terms of Reference underline the centrality of policy, planning and strategy component of the Okavango Delta Management Plan, which are to: 'provide a framework and guide sustainable management of the Delta resources to ensure their long-term conservation and provide benefits for the present and future wellbeing of the people". The first objective of the policy review and visioning exercise is thus to: ‘review and streamline existing national policies that have a bearing on the Okavango Delta and to do this in relation to one another as well as pertinent international conventions and with a view to improving the current discordant policy sector.” (NCSA & ODMP, 2004). The second objective is to: ‘develop a shared and common vision for the Okavango Delta that reflects the aspirations of and guides all stakeholder initiatives and activities in pursuit of managing the delta in an integrated and sustainable manner.” (DEA, ODMP, 2005).
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1.6 Approach and methodology The review of policies, plans, programmes, protocols and conventions was largely a desk study and wherever possible consultations with the Department of Environmental Affairs contact persons, and the other eleven components were used to enrich the review. To review the necessary policies, strategies and legislation, a set of criteria were developed using the ecosystem approach under the Convention on Biological Diversity (see Box 1) and Ramsar Wise Use concept (see Box 2). The use of the criteria was to ensure that the focus on policies dealing with the Delta directly or indirectly is achieved and secondly the diverse nature of biological and natural resources renders its management and regulation to be subject to various specific policies. The policies were then selected using the criteria and then were analysed to determine the following, intent of the policy; resources governed under the policy; relationship with ODMP; and gaps and the recommended options for addressing the gaps as identified. The second parallel and complimentary activity in the methodology was to highlight from the onset principles that could be considered as necessary to adequately qualify a policy document as adequate or deficient in addressing the use of the ecosystem approach. The purpose of highlighting the ecosystem approach principles was to provide assistance in examining what exactly in the context of a specific policy would constitute a gap, so as to enable the provision of relevant and pertinent options to address the gap identified. The third step was the conducting of the actual analysis of the policies to identify the gaps and make recommendation that are applicable to all the policies. It should be noted that the recommendations are not per specific policy but overall policy framework. The policies were grouped into different areas of resources. The following criteria were used for the selection of policies: The policy is intended to regulate biological or natural resources through provisions for conservation, management, preservation, utilization, exchange or transfer of such resources. The policy seeks to confer ownership, custodianship or user rights on a biological and natural resources. The policy is intended to place development within the Delta. Development here includes agriculture, research activities, settlement of people, tourism and such other activities that involve economic and social activities that impact on the natural environment within the Delta. 1.7 Criteria for selection of policy and legislation The following criteria were used to analyse the relevant policies and legislation:
1. Participation of local communities in policy consultations, development, decision making and implementation;
2. Decentralisation of management structures and use of resources;
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3. Recognition of the impact of management decisions on adjacent ecosystems and other natural resources;
4. Recognition of ecosystems goods and services in an economic context; 5. Recognition in the policy of the need for maintaining ecosystem integrity; 6. Provision of long-term planning, use and management of resources. 7. Recognition that changes to ecosystem structure and integrity are inevitable; 8. Recognition of sustainable use; 9. Recognition of scientific and indigenous knowledge; and 10. Promotion of coordination and collaboration with other sectors and policies.
Box 1: Ecosystem approach principles
Box 2. Ramsar concept of ‘wise use’
Principle 1: The objectives of management of land, water and living resources are a matter of societal choices. Principle 2: Management should be decentralized to the lowest appropriate level. Principle 3: Ecosystem managers should consider the effects (actual or potential) of their activities on adjacent and other ecosystems. Principle 4: Recognizing potential gains from management, there is usually a need to understand and manage the ecosystem in an economic context. Any such ecosystem-management programme should reduce those market distortions that adversely affect biological diversity; align incentives to promote biodiversity conservation and sustainable use; and internalize costs and benefits in the given ecosystem to the extent feasible. Principle 5: Conservation of ecosystem structure and functioning, in order to maintain ecosystem services, should be a priority target of the ecosystem approach. Principle 6: Ecosystem must be managed within the limits of their functioning. Principle 7: The ecosystem approach should be undertaken at the appropriate spatial and temporal scales. Principle 8: Recognizing the varying temporal scales and lag-effects that characterize ecosystem processes, objectives for ecosystem management should be set for the long term.. Principle 9: Management must recognize the change is inevitable. Principle 10: The ecosystem approach should seek the appropriate balance between, and integration of, conservation and use of biological diversity. Principle 11: The ecosystem approach should consider all forms of relevant information, including scientific and indigenous and local knowledge, innovations and practices. Principle 12: The ecosystem approach should involve all relevant sectors of society and scientific disciplines.
Article 3.1 of the Ramsar Convention obliges Parties to “formulate and implement their planning so as to promote the conservation of the wetlands included in the List and as far as possible the wise use of wetlands in their territory.” Wise use of wetlands has been defined as “their sustainable utilization for the benefit of mankind in a way compatible with the maintenance of the natural properties of the ecosystem.”
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2.0 INTERNATIONAL CONVENTIONS AND REGIONAL PROTOCOLS 2.1 Introduction Ratified international and regional conventions and protocols increasingly influence the use and management of the Okavango resources and ecosystem. Most agreements aim to conserve the ecosystem at large or individual resources thereof; few focus on development challenges. However, international programmes such as the Millennium Development Programme make indirect demands on natural resources to achieve their goals such as halving poverty by the year 2015 and improving access to water and sanitation. A joint government UNDP study (GoB-UNDP, 2004) concluded that Botswana is at a good position to achieve many MDGs, except for poverty reduction. The most important international and regional agreements are summarised in sections 2.2 and 2.3 respectively. Resource/ sector Convention, protocol, agreement Wetlands Convention on Wetlands of International Importance (Ramsar 1971) Fisheries SADC Protocol on Fisheries Forest resources SADC Protocol on Forestry
Climate UN Framework Convention for Climate Change (UNFCCC) Wildlife resources
SADC Protocol on Wildlife Conservation and Law Enforcement
Biodiversity UN Convention on Biodiversity (UNCBD Energy resources
SADC Protocol on Energy
Trade in species (wildlife and flora)
Convention on International Trade in Endangered Species (CITES)
Desertification UN Convention to Combat Desertification (UNCCD) International water courses
UN Convention on the Law of Non-Navigational Use of International Watercourses SADC Revised Protocol on Shared Watercourse Systems The Agreement Establishing the Permanent Okavango River Basin Water Commission (OKACOM Agreement) SADC Regional Water Policy (2006)
Hazardous waste
Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (1989) Bamako Convention, 1991
Tourism SADC Protocol on Development of Tourism Mining SADC Protocol on Mining 2.2 International agreements and conventions The following international agreements and conventions apply to natural resources management in Botswana.
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2.2.1 The Convention on Wetlands of International Importance (Ramsar 1971) The Ramsar Convention is an intergovernmental treaty, which provides the framework for national action and international cooperation for the conservation and wise use of wetlands and their resources as well as contributing towards achieving sustainable development throughout the world.
Contracting Parties designate suitable wetlands for inclusion in a List of Wetlands of International Importance, based on their international significance in terms of ecology, botany, zoology, limnology or hydrology. The Okavango Delta is the only Ramsar site in the country. The boundaries of a Ramsar site must be precisely described and mapped. The wetland may include riparian and coastal zones adjacent to the wetlands, and islands or bodies of marine water deeper than six meters at low tide lying within the wetlands, especially where these have importance as waterfowl habitat. The country retains exclusive sovereign rights over the listed wetlands. The contracting party is bound to:
• Formulate and implement a plan promoting the conservation of the listed wetlands, and as far as possible the wise use of the wetlands;
• Promote the conservation of wetlands and waterfowl by establishing nature reserves on wetlands, listed or not;
• Compensate for any loss of wetland resources (as far as possible), and in particular create additional nature reserves for waterfowl and for the protection, either in the same area or elsewhere, of an adequate portion of the original habitat;
• Encourage research and the exchange of information regarding wetlands and their flora and fauna.
• Endeavor through management to increase waterfowl populations on appropriate wetlands; and
• Promote the training of personnel competent in the fields of wetland research and management.
Moreover, contracting parties shall consult with each other about implementing the convention’s obligations, especially in the case of a wetland extending over the territories of more than one Contracting Party or where a water system is shared by Contracting Parties (such as the Okavango delta).
As a listed site, the convention is important for the Okavango Delta. As a semi-arid country, wetlands have long received little policy attention. The ODMP may be considered as the management plan, required under the convention. Furthermore, the convention encourages wetland research and loss of wetlands needs to be compensated elsewhere. This will be extremely hard for the Okavango Delta, therefore shifting the responsibility towards preventive measures. Finally, the convention also offers a cadre for better management of other wetlands in the country such as the Makgadikgadi wetlands.
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2.2.2 UN Framework Convention for Climate Change (UNFCCC) The UNFCCC, which entered into force on 21st of March 1994, sets out an overall framework for intergovernmental efforts to tackle climate change. One of the biggest problems threatening the sustainability of ecosystems such as the Okavango Delta is climate change. The objective of the Convention is: “...to achieve stabilization of atmospheric concentrations of greenhouse gases at levels that would prevent dangerous anthropogenic (human-induced) interference with the climate system...” The UNFCCC is guided by the concept of sustainable development and has also adopted the precautionary principle. The latter implies that contributions to global warming should be avoided even if the impacts are not fully understood and that mitigation measures should be taken to minimise the adverse environmental impacts. All Parties to the Convention are subject to general commitments to respond to key issues related to climate change. They agree to compile an inventory of their greenhouse gas emissions, and submit reports known as national communications on actions they are taking to implement the Convention.. To the extent where sequestration is higher than for the average semi-arid savanna, maintenance of the delta contributes towards a reduction in greenhouse gas emissions. This represents a significant indirect use value. All Parties need to promote or carry out:
a) Regular national inventories of anthropogenic emissions by sources and removals by sinks of all greenhouse gases not controlled by the Montreal Protocol;
b) National and, where appropriate, regional programmes containing measures to mitigate climate change;
c) Transfer, of technologies, practices and processes that control, reduce or prevent anthropogenic emissions of greenhouse gases not controlled by the Montreal Protocol;
d) Maintenance of sinks and reservoirs of all greenhouse gases not controlled by the Montreal Protocol;
e) Adaptation to the impacts of climate change and incorporate climate change considerations in policies and actions;
f) Research policy cooperation and public awareness raising on climate change.
2.2.3 UN Convention on Biodiversity (UNCBD) The UNCBD is the first global agreement on the conservation and sustainable use of biological diversity. Its objectives are to conserve biological diversity, promote the sustainable use of biodiversity components and to promote fair and equitable sharing of the benefits arising out of the utilisation of genetic resources. States have..., the sovereign right to exploit their own resources pursuant to their own environmental policies, and responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other states or areas”. Each contracting party needs to:
• Develop national strategies, plans or programmes for the conservation and sustainable use of biological diversity. Botswana has prepared a BSAP; and
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• Integrate the conservation and sustainable use of biological diversity into relevant sectoral plans, programmes, and policies.
Box 3: Key areas and measures of UNCBD
Area Measures Identification and monitoring
identify key components of biological diversity Monitor such key components of BD Priority should be given to those under threat and those with sustainable use potential Identify and monitor activities with expected significant adverse BD impacts Maintain and organise data derived from identification and monitoring activities
In situ conservation obligations
Establish a system of protected areas or areas where special measures need to be taken to conserve biological diversity Develop guidelines for the selection, establishment and management of protected areas where special measures need to be taken to conserve biological diversity Regulate or manage biological resources important for the conservation of biological diversity Promote the protection of ecosystems, natural habitats and the maintenance of viable populations of species in natural surroundings Promote environmentally sound and sustainable development in areas adjacent to protected areas with a view to furthering their protection Rehabilitate and restore degraded ecosystems and promote the recovery of threatened species
Ex situ conservation obligations
Ex situ conservation of components of biological diversity; Facilities for the ex situ conservation of and research on plants, animals and micro organisms Recovery and rehabilitation of threatened species and for their reintroduction into their natural habitats Controlled collection of biological resources from natural habitats for ex situ conservation purposes Provision of financial and other support for ex situ conservation
Sustainable use of components of biological diversity
Integrate conservation and sustainable use of biological resources into national decision making Measures relating to the use of biological resources to avoid or minimise adverse impacts on BD; Promote customary use of biological resources in accordance with traditional cultural practices that are compatible with conservation or sustainable use requirements Support local population to develop and implement remedial action in degraded areas where biological diversity has been reduced and Cooperation between its governmental authorities and its private sector in developing methods for sustainable use of biological resources
Incentive measures
Economically and socially sound measures that act as incentives for the conservation and sustainable use of components of biological diversity
Impact assessment and minimising adverse impacts
EIA of its proposed projects that are likely to have adverse BD-effects Information exchange on BD Notification duty of imminent danger to biological diversity as well as initiate action to prevent or minimise such danger or damage
2.2.4 Convention on International Trade in Endangered Species (CITES) CITES deals with the trade in endangered species, and is therefore of indirect relevance to the Okavango Delta ecosystem. CITES covers both flora and fauna species. the Convention provides for three types of trade restrictions:
• Ban in trade of certain species and their products (globally threatened species; appendix 1);
• Controlled and monitored trade in species and their products (species under growing threat; appendix 2);
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• Nationally threatened species. Each country may put species on this appendix 3. Such species may not be exported from countries that have listed them under appendix 3.
CITES is indirectly relevant to the Okavango delta as it controls and/or restricts exports of listed species. The following species that occur in the delta are listed:
Fauna
Appendix 1: Global trade ban
Appendix 1: Global trade ban Pangolin, Giant otter, Brown hyena, Black and white rhinos, African elephant
Appendix II: Restricted global trade
Appendix II: Restricted global trade aardvark, wild dog, cheetah, Water buck, hippopotamus, Roan antelope, Lechwe, Flamingos, Kori bustards, all owls, all tortoises, pythons
Appendix III: No trade from Botswana
Appendix III: No trade from Botswana Jackal, African civet, Aardwolf, Honey badger
Box 4: Examples of CITES listed Okavango Delta fauna and flora Note: Botswana is allowed some trade in elephant products. 2.2.5 UN Convention to Combat Desertification (UNCCD) The objective of this convention is to combat desertification and mitigate the effects of drought in countries experiencing serious drought and/or desertification particularly in Africa. Countries have the following obligations, to:
• Adopt an integrated approach towards combating desertification and drought; • Integrate poverty reduction strategies into efforts to combat desertification and
mitigate drought effects; • Promote cooperation in the fields of environmental protection and the
conservation of land and water resources, as they relate to desertification and drought;
• Strengthen sub regional, regional and international cooperation; and • Cooperate with relevant intergovernmental organisations
Countries that experience desertification need to prioritise combating desertification and mitigating the effects of drought, and allocate adequate resources in accordance with their circumstances and capabilities. They need to prepare a national action plan (NAP), which addresses the underlying causes of desertification; promotes awareness and
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facilitates the participation of local populations, particularly women and youth, with the support of NGOs; and finally provides an enabling policy and legal environment. NAPs shall incorporate long term strategies to combat desertification and mitigate the effects of drought, emphasise implementation and be integrated with national policies for sustainable development; give particular attention to the implementation of preventive measures; enhance national climatic, meteorological and hydrological capabilities and means to provide for early drought warning; promote policies and strengthen institutional frameworks which develop cooperation and coordination, in a spirit of partnership, between the donor community, governments at all levels, local populations and community groups, and facilitate access by local populations to appropriate information and technology. NAPs may include early warning systems, enhanced drought preparedness and food security systems, alternative less drought prone livelihood projects and sustainable irrigation programmes for both crops and livestock Frequent droughts and the semi-arid nature of the country make the UNCCD potentially relevant for the delta. However, the actual relevance for the ODMP is determined by the NAP and its implementation.
2.2.6 UN Convention on the Law of Non-Navigational Use of International Watercourses This Convention regulates the use of international watercourses such as the Okavango River Basin. Riparian states need to take into account the effects of their use or uses of the watercourses on other watercourse states, when utilising a shared watercourse. The Convention encourages states to enter into sharing agreements and to harmonise national legislation and policies with the Convention. The cornerstone of the law of international watercourses is the principle that, a riparian state must use an international watercourse in a manner that is equitable and reasonable vis-à-vis other states sharing the watercourse. The Convention requires parties not to cause harm to the territories of other countries sharing the same watercourse. Negative impacts need to be mitigated or the affected country needs to be compensated for the damage caused. This international convention has guided the SADC protocol on shared water courses. Both are highly relevant to the delta as it is part of a shared water course. 2.2.7 Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (1989)
The objectives of the convention are to reduce transboundary wastes to a minimum, to minimise the amount and toxicity of hazardous wastes as close as possible to the source of generation and to assist developing countries in environmentally sound management of hazardous wastes.
Countries that prohibit import of hazardous wastes shall inform other parties, which shall prohibit export of hazardous wastes to the former parties. Countries will prohibit export of hazardous wastes if the country of import does not consent in writing to the specific import. States of export shall not allow the generator of hazardous wastes or other
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wastes to commence the transboundary movement until they have received written confirmation that the notifier has received the written consent of the state of import. 2.2.8 Bamako Convention, 1991 This Convention deals with hazardous waste. Hazardous waste should not be imported into Africa from non-Contracting Parties. Such import shall be deemed illegal and a criminal act. Furthermore, no hazardous wastes shall be dumped at sea and internal Waters. Countries have the duty to minimise hazardous waste and to treat and manage it properly. There is need to produce hazardous waste audits and generators of such waste have strict, unlimited liability. Countries will cooperate in taking the appropriate measures to implement the precautionary principle to pollution prevention through the application of clean production methods. 2.3 Regional Agreements and Protocols Like the international conventions, regional agreements and protocols may inform, guide and direct sustainable utilisation of the Okavango Delta ecosystem. Therefore, the implications of regional protocols for the management of the delta have to be assessed. . 2.3.1 SADC Revised Protocol on Shared Watercourse Systems The Revised Protocol on Shared Watercourses in Southern Africa is modelled on the above UN convention (2.2.6) and has become a key instrument in managing shared water resources in the SADC region. The Protocol aims to “foster closer cooperation for judicious sustainable and co-ordinated management, protection and utilisation of shared watercourses and advance the SADC agenda of regional integration and poverty alleviation.” Taking into account developments in international water law and sound management of the environment, the Revised Protocol outlines principles, guidelines and institutional requirements for the sustainable management and utilisation of shared river basins in Southern Africa. The Protocol is entirely based on the IWRM notion. The Protocol seeks to facilitate the establishment of shared watercourse agreements through river basin commissions, advance sustainable, equitable and reasonable use of shared water, promote integrated, coordinated and environmentally sound development and management of shared watercourses, harmonise legislation and policies for management of shared watercourses, promote research, technology development, and information exchange on shared water courses. The use of shared water should balance water development and conservation of the environment, and cooperation should be established for all projects with an impact on shared watercourses. Moreover, the use should be equitable and reasonable, and international laws should be respected. Environmental water needs have been explicitly recognised. Use entitlement depend on biophysical and environmental factors, the social, economic and environmental needs of states, the population size dependent on the share watercourse, existing and potential uses, conservation and economic use of water and finally the availability of alternative of comparable value to a particular planned or existing use (art. 3.8).
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2.3.2 The Agreement Establishing the Permanent Okavango River Basin Water Commission (OKACOM Agreement) The OKACOM Agreement between the governments of Angola, Botswana, and Namibia was signed in 1994. The main objective of the Agreement is to establish a River Basin Commission that advises member States on technical matters relating to, amongst other things, conservation, development, and utilisation of water resources of common interest. Through the Agreement, OKACOM has the power to appoint consultants to assist in the gathering and processing of information on any matter on which it advises the Contracting Parties. With regards to financial arrangements each Contracting Party is responsible for all costs incurred with regards to attendance and participation of its delegation to all meetings of the Commission. Under the OKACOM Agreement, member countries are also obliged to provide information required by the commission in the furtherance of its duties in accordance with the laws and procedures of their respective jurisdictions. The Parties to the Agreement are required to notify the Commission of any proposed development, which falls within the functions of the Commission. The OKACOM agreement calls for the use of Agenda 21 principles and also acknowledges the Helsinki Rules on the use of international waters. The OKACOM agreement offers some protection of the delta and its resources through the duty of upstream countries to notify Botswana about proposed upstream developments. The agreement also offers opportunities for joint, harmonised and coordinated resource management. Limitations in the OKACOM Agreement Besides fostering co-operation on technical matters on an advisory basis, the Agreement does not obligate member countries to utilise the shared river basin in an equitable and reasonable manner as provided by international law principles embedded in instruments such as the UN Convention on Shared Watercourses and the Revised SADC Protocol on Shared Watercourses. Further to that the Agreement does not contain provisions that ensure effective implementation and enforcement of its stipulations such as dispute settling and conflict resolution mechanisms with the corollary sanctions. While the OKACOM arrangements provides for interaction and coordination between the apex/lead organizations in each of the riparian states, the seems to be limited interaction between the Ministry of Energy and Water (Angola), Ministry of Mineral Resources and Water Affairs (Namibia) and Ministry of Agriculture, Water and Rural Development. This is due to a number of issues such as capacity and financial constraints. In addition, all the OKACOM Commissioners hold full-time positions within their ministries, enabling them to spend only a limited amount of time on OKACOM duties. This results in infrequent interaction opportunities between Commissioners with only one meeting per year. Most of the Commissioners come from an engineering background, with little experience in water law, negotiation skills and consultation therefore resulting in the Commissioners being unable to deal with multi-stakeholder trans-national issues, which is required in the management of a river basin.
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2.3.3 SADC Regional Water Policy (2006) The SADC Regional Water Policy provides a regional framework for sustainable, integrated and coordinated development, utilisation, protection and control of national and transboundary water resources in the SADC region. It is based on principles that recognise the critical importance of water resources for development and the environment in line with IWRM (Box 5). Box 5: SADC water policy principles
• Recognition of water as an instrument for peace, cooperation and regional integration • Effective public consultation and involvement of users • Focus on integrated, people centred planning • Need for further development of SADC water resources in order to rectify historical imbalances
and promote water supply for irrigation and poor communities • Efficient use of water through demand management, conservation and reuse, and the efficient
use of water for agriculture • Recognition of the environment as a legitimate user of water, as well as a resource base. • Water is an economic good: user and polluter charges, taking into account equity and social
justice. • Integration of water supply, sanitation and health and hygiene education programmes • Capacity building to ensure that managers have the required knowledge and tools • Preventing the export (and import) of harmful waste across the national and regional
boundaries. • Gender mainstreaming and addressing HIV/AIDS in water resources management at all levels.
Source: SADC, 2006. The policy has identified nine thematic areas: regional cooperation in water resources management; water for development and poverty reduction; water for environmental sustainability; security from water related disasters; water resources information and management; water resources development and management; regional water resources institutional framework; stakeholder participation and capacity building; and financing integrated water resources management in the region. All are relevant to the delta, but some are critical. The theme of water for environmental sustainability implies that the environment is recognised as a resource base and a legitimate user of water; member states should take all necessary measures to meet the ecological water requirements. Sufficient water should be reserved to maintain ecosystem integrity and biodiversity. SADC should develop common minimum standards of water quality in shared watercourses; states should individually and collectively prevent and control pollution of ground and surface waters, and prevent imports of pollutants, which would affect shared watercourses. EIA should be mandatory for development initiatives in the watercourses. Alien species need to be controlled and ultimately eradicated (non-economical ones). 2.3.4 SADC Protocol on Fisheries The Protocol on Fisheries entered into force on 8th August 2003 dealing with living aquatic resources and fishing. The protocol recognises the UN Convention on the Law of the Sea (UNCLOS) and takes into account the FAO Code of Conduct for responsible Fisheries. Its objective is “to promote the responsible and sustainable use of the living
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aquatic resources and aquatic ecosystems” in order to: promote and enhance food security and human health; safeguard the livelihood of fishing communities; generate economic opportunities; ensure that future generations benefit from these resources; and alleviate poverty.
Countries have the primary responsibility for the implementation of this Protocol but in the case of shared resources, countries are required to collaborate. Countries are expected to ensure the participation of all stakeholders and take appropriate measures to:
• Regulate the use of living aquatic resources and protect the resources against over-exploitation (e.g. regulations for boats and fishermen to ensure compliance with the protocol; use of the principle of best scientific evidence protect the resources against over-exploitation;
• Create an enabling environment and build capacity for the sustainable resource utilization (e.g. harmonization of laws and policies);
Countries are also expected to transfer skills and technologies to other countries to enhance effective regional co-operation and to promote gender equality. The Protocol also deals with the conservation and utilization of shared resources. However, these appear not applicable to the Okavango delta, and are therefore not discussed here.
2.3.5 SADC Protocol on Development of Tourism The Protocol on Development of Tourism entered into force on 26th November, 2002. The objectives of this Protocol are to:
• Use tourism as a vehicle to achieve sustainable social and economic development;
• Ensure equitable, balanced and complimentary development of the tourism industry region-wide;
• Optimize resource usage and increase the competitive advantage of the region vis-à-vis other destinations;
• Ensure the involvement of small and micro-enterprises, local communities, women and youth in the development of tourism;
• Contribute towards human resource development through job creation and skills development;
• Create a favorable investment climate for tourism for both the public and private sectors;
• Improve the quality, competitiveness and standards of service of tourism; • Improve safety and security standards for tourists; • Promote southern Africa as a single but diverse tourism destination; • Facilitate intra-regional travel through easing or removal of travel restrictions; and • Improve tourism service and infrastructure.
Countries need to provide incentives, infrastructure and the appropriate legal and regulatory framework and to involve the private sector and other stakeholders in the formulation of policies governing the operations of the tourism sector. Tourism development needs to be driven by the private sector. Policies and strategies that
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promote the involvement of local communities and local authorities in the planning and development of tourism also need to be developed. Tourism needs to be environmentally and socially sustainable; promote the natural, cultural and historical resources of the region; promote a culture of human rights, gender sensitivity and be responsive to the requirements of people with disabilities. Since tourism is a key land use in the Okavango Delta ecosystem, this protocol is very important. The delta is a unique resource that is an important component of the region’s comparative advantage. Linking different tourism destinations is likely to boost tourism in the delta. The protocol also endorses CBNRM, which also adds a comparative advantage to the region. 2.3.6 SADC Protocol on Wildlife Conservation and Law Enforcement The SADC Protocol on Wildlife Conservation and Law Enforcement which entered into force on 30th November, 2003, applies to the conservation and sustainable use of wildlife. The primary objective of the protocol is to establish common approaches to the conservation and sustainable use of wildlife resources and to assist with the effective enforcement of laws governing those resources. The specific objectives of the protocol are to contribute to:
• Sustainable use of wildlife resources; • Harmonise of the legal instruments governing wildlife use and conservation; • Enforce of wildlife laws within, between and among states; • Exchange of information concerning wildlife management and utilisation; • Build national and regional capacity for wildlife management; • Conserve shared wildlife resources through the establishment of trans-frontier
conservation areas; and • Community-based-natural-resources management for management of wildlife
resources. Regional wildlife policies and development strategies need to be developed, and wildlife activities the implementation and adequacy of the Protocol will be regularly reviewed. Common approaches towards wildlife conservation and utilisation as well as and sustainable use of law enforcement and research will be developed, which will include cooperation with NGOs and communities. This protocol is important for the Okavango delta, as wildlife resources are one of its greatest assets, migrating over long distances and sometimes entering neighbouring countries. Therefore, common approaches towards conservation and utilisation and coordinated law enforcement and research can strengthen wildlife management. Moreover, the Protocol supports national and regional CBNRM efforts. The SADC Tourism and Wildlife Protocols could, for example, lead to a regional CBNRM marketing approach.
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2.3.7 SADC Protocol on Forestry
The objectives of this Protocol are to:
1. Promote the development, conservation, sustainable management and utilisation of all types of forests and trees;
2. Promote trade in forest products in order to alleviate poverty and generate economic opportunities; and
3. Achieve effective protection of the environment, and safeguard the interests of both the present and future generations.
To achieve the objectives of this Protocol, governments shall co-operate by:
• Addressing common concerns through best use of the region’s technical, financial and other resources;
• Promoting the sustainable management of shared forests, taking into account other Protocols;
• Facilitating the gathering of information and sharing of information, expertise and technology concerning forests, forestry and forest industries;
• Developing human resources in the forest sector through establishing regional capacity building facilities;
• Promoting sustainable forestry produce trade and investment; and • Harmonising approaches to sustainable forest management, policy and
legislation; • Promoting respect for the rights of communities and facilitating their participation
in forest policy management and promoting the intangible, cultural and spiritual value of forests;
• Establishing equitable and efficient ways of facilitating public access to forests especially by neighbouring communities;
• Establishing appropriate institutions and funding mechanisms to support the implementation of this Protocol.
The following measures are provided for key forest management areas (Box 6).
Box 6: Proposed areas and measures in SADC Protocol on Forestry Tenure and ownership
Parties shall ensure that the laws and agreements that regulate the use, management of, access to and tenure in state-owned forests: a. give sufficient security of tenure to parties managing or using forest resources to create incentives for sustainable forest management; b clearly delineate ownership and occupancy rights.
National forest policies and programmes
National forest policies, programmes and plans, will be consistent with national land-use plans or their equivalent Regular review of national forest policies and programmes to ensure their consistency with this Protocol. Consultation during the preparation and revision of national forest plans, forest classifications, management plans for forests and protected areas. Common criteria and indicators for sustainable forest management
National forest assessments
National assessment of forests which, among other matters, shall: encompass all forest resources and all forest lands, regardless of ownership; include an assessment of forest resources in terms of usage, value, quantum and location, changes in forest cover and health; and include data on other critical social,
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economic and environmental factors relating to forests species (indigenous and plantation), soils, climate, environment, uses of forest products etc, .
Harmonised assessment methodology based upon sustainable forest management
Forest legislation National legal and administrative measures to: promote sustainable forest management, protect ecologically viable and valuable forests, promote participation in decision-making, control possible negative impacts on forests, ensure that significant areas of natural forests are not destroyed except in exceptional circumstances, recognise and where appropriate further the objectives of this Protocol.
State Parties shall develop effective regional means to support the enforcement, development and harmonisation of national forest-related laws.
Transboundary forests
Promote joint and integrated management of transboundary forests and protected areas.
Protection of forests
Legislative, administrative and enforcement measures to address threats to forests.
National, and where appropriate, regional measures, which control human threats to forests, implement strategies for conservation of forests, prevent and suppress uncontrolled fires, and facilitate transboundary assistance in emergency situations, control alien species and plant pests and diseases and to control or eradicate, invasive alien species (outside plantations).
The delta does not have dense forests, but the Protocol could be useful to strengthen forestry in Botswana and to conserve and utilise wood resources in open woodlands. Inventories, coordination research and information exchange and improved legislation could benefit the Ramsar site. 2.3.8 SADC Protocol on Energy The objectives of the Protocol are to 1. harmonise national and regional energy policies, strategies and programmes on matters of common interest based on equity, balance and mutual benefit; 2. co-operate in the development of energy and energy pooling to ensure a secure and reliable energy supply at lowest costs; 3. co-operate in the development and sustainable use of the region’s energy sources. 4. foster regional cooperation in research and standardisation of energy development techniques and applications. Countries will:
1. Use energy to support economic growth and development, alleviate poverty and the improve the standards of living;
2. Use energy to promote collective self-reliance; 3. Take into account gender realities and imbalances in the region; 4. Encourage the development of energy science and technology and promote
research and development and the establishment of region-wide methods and standards;
5. Promote citizen and community participation in the development and use of energy;
6. Ensure that energy development and use is environmentally sound; 7. Create an enabling environment for private sector participation in energy
development; and 8. Harmonise regional energy policies and programmes with the other SADC
policies, strategies and programmes
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2.3.9 SADC Protocol on Mining The Mining Protocol uses the following observations:
• The contribution of the mining sector to economic development, poverty alleviation and the improvement of the quality of life;
• National and regional policies, strategies and programmes related to the development and exploitation of mineral resources need to be harmonised;
• Mining science and technology need to be developed and shared throughout the region.
• Private sector participation in the exploitation of mineral resources is necessary; • Economic empowerment of the historically disadvantaged in the mining sector
and improving access to information; • Adherence to internationally accepted standards of health, mining safety and
environmental protection. With respect to environmental protection, government agree to balance mineral development and environmental protection is attained, encourage a regional approach towards EIA, especially in relation to shared systems and cross border environmental effects, collaborate in training of environmental scientists in the mining sector, and finally to share information on environmental protection and environmental rehabilitation. The energy and mining protocols could become important for the Okavango delta if major mineral and energy sources are found inside the Ramsar site. The environmental requirements could then be used to protect the ecosystem and its natural resources.
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3.0 NATIONAL POLICIES, STRATEGIES AND REGULATIONS Development and resource use/ management is governed by a wide range of national policies that have been developed and implemented since the early 1970s. These include environmental policies (3.1), natural resource policies (3.2), development policies (3.3) and economic sector policies (3.4). The major policies are briefly discussed below. 3.1 Environmental policies, strategies and regulations 3.1.1 The National Policy on Natural Resources Conservation and Development This 1990 policy forms the umbrella of the country’s environmental and resources policies to-date. Furthermore, it solidly entrenched the concept of sustainable development in the environment and development planning process. Its strategic goals are to:
• Increase the effectiveness of natural resource use and management; maximise development-environment synergism and minimise harmful environmental side effects; and
• Coordinate the environmental activities of different sectors, ministries and interest groups throughout Botswana, thereby improving the development of natural resources through conservation.
The policy has a balanced set of environmental and development goals (Box 7). Box 7: Developmental and environmental goals of the 1990 White Paper. Development goals Environmental goals The development of new and better natural resources uses, that are sustainable; The optimisation of the existing uses that are made of all natural resources; The development of multiple, rather than single purpose natural resource uses; The diversification of the rural economy so as to generate new jobs; The increased education of, and participation by, all members of society in improving the environment; The development of links with neighbouring countries in conserving the resources; The establishment of a balance between population growth and the supply of natural resources.
The conservation of all main ecosystems, wildlife and cultural resources; The protection of endangered species The maintenance of stocks of renewable resources (e.g. Veldt products), whilst increasing their sustainable yields; The control of depletion of non-renewable resources (e.g. Minerals) at optimal rates; The distribution of incomes and rewards more equitably, in the interests of conserving natural resources; The cost-effective restoration of degraded renewable natural resources, including improved capacity for regeneration of the veldt; The prevention and control of pollution.
The policy contains in-depth analysis of the main environmental challenges that were identified during lengthy country-wide consultations; water, wildlife, pollution, veld products and rangelands. Many measures announced in the policy have not yet been carried out. The NCS Coordinating Agency (NCSA; now DEA) is responsible for environmental coordination, overseen by the NCSA Advisory Board.
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This policy is important for the ODMP as it promotes a balanced approach towards resource conservation and development. Therefore the policy bridges the gap between conservation and development policies and programmes. Furthermore, the policy recognises the need for cooperation at national, regional and international levels. This is particularly appropriate for the internationally renowned Okavango delta. 3.1.2 Draft Community Based Natural Resources Management Policy (2003) While community-based natural resource management (CBNRM) projects started in 1990, policy development has been slow in this area. To-date the policy still needs to pass parliament. Below, the 2003 draft version is outlined. The overall goal of the policy is to “create a foundation of conservation – based development, enhance the conservation of Botswana’s natural resources and enhance economic and social development in rural areas by providing eligible communities opportunities to earn direct benefits from natural resources conservation”. In essence, the CBNRM policy tries to re-establish a common property resource management system in areas of open access, and increase the local resource benefit in order to interest the local population in resource conservation and management. Specifically, the policy intends to:
• Clarify natural resources rights that may be delegated to communities; including rights of management, use, access and exclusion and the steps required for communities to gain such rights;
• Establish a framework that encourages investment in communities, conserves natural resources and links conservation with rural development;
• Initiate conservation strategies that are based on an ecosystem perspective and include natural resources monitoring and management programmes to ensure species and ecosystem health;
• Facilitate government institutional support for CBNRM; including support for conservation, business planning, marketing and extension services; and
• Facilitate opportunities for community participation and capacity building regarding natural resources management.
Government as the custodian and/or owner of natural resources may assign or delegate resource user rights over specific resources to groups (CBOs). Government usually retains the right to set limits to the user rights, as it determines the level of user quotas (e.g. hunting), and determines the type of activities that the CBO can carry out. CBOs have to meet a number of conditions to qualify for such rights, one of which is the development of a resource management plan and the establishment of a representative, accountable and legal entity (usually a Trust). User rights refer to existing administrative boundaries such as WMAs or CHAs. Communities have the right to sub-lease their rights. The CBNRM policy covers the following natural resources: wildlife, agricultural resources, forests and fisheries. User rights are granted in accordance to existing laws (Forestry Act, Agricultural Resources Conservation Act, Fisheries Protection Act). Therefore, a large number of institutions is involved in the implementation of the policy: DWNP, ARB, Forestry and Fisheries departments as well as District Councils and the Land Boards. These departments become responsible for issuing the resource use rights as well as for monitoring resources use and conditions in order to ensure their
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conservation. CBOs are required to submit annual reports and plans of their activities to district councils within three months after the end of each calendar year. The policy recognises the need to build capacities of communities and CBOs through:
• Assist communities and individuals to maximise benefits from exploitation of traditional knowledge of practical uses of natural resources;
• Support development of an indigenous knowledge database • Assist CBOs and interested companies to negotiate equitable agreements for the
exploration, development, and remuneration associated with chemical and/or genetic material derived from natural resources;
• Offer technical assistance to develop communities skills in order to make informed conservation decisions;
• Strengthen district councils’ capacity to effectively deal with CBNRM projects; • Improve access to funding for community-based natural resource management; • Support product development and identification of market potential.
To ensure that the increase of local benefits is felt by people, the policy directs CBOs to establish democratic benefit distribution mechanisms and strategies, which ensure that welfare benefits of CBNRM programmes are felt at the household level. As the delta is the hub of the country’s CBNRM activities, this policy is highly relevant for the Okavango delta. It grants resource user rights to local communities and has the potential to reduce poverty and to get communities involved in resource conservation. 3.1.3 Botswana Wetlands Policy and Strategy The Okavango is Botswana’s largest and most unique wetland. Therefore, the draft wetland policy is important to the delta. The policy argues that wetlands are threatened by degradation and loss of habitat due to a wide range of human-induced factors. These include changes in land use, changes in water quality and quantity, invasion by alien species, sediment overload of wetlands, unrestrained commercial exploitation of wetland resources, limited enforcement of natural resources management legislation, alienation of communities living in or near wetlands and lack of management capacity amongst such communities. The wetlands policy seeks to rehabilitate and conserve national and trans-boundary wetland ecosystems for the benefit of present and future generations by providing linkages between existing policies and legislation. The policy incorporates the international commitments arising from multilateral agreements such as CBD, UNCCD and Ramsar Convention (see chapter two). The specific objectives of the policy are to:
• Promote coordinated wetland management at local, district and national levels through appropriate institutions;
• Promote planning and implementation of ecologically sustainable wetland conservation including management plans for wetlands of national and international importance;
• Support and promote the development of a sound technical and scientific basis for wetland conservation and management
• Promote awareness and understanding of: o the ecosystem approach with a view to adopting it as a tool in the utilisation,
conservation and management of wetlands;
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o Promote public awareness of Botswana’s wetland resources and encourage active participation of civil society in their management
• Develop capacity of all stakeholders to effectively participate in the conservation and management of wetland systems
• Promote funding mechanisms in support of sustainable conservation and management of wetlands;
• Promote regional cooperation and synergy in wetland conservation and management and fulfill Botswana’s international commitments.
The Department of Environmental Affairs (DEA) is the lead institution for the implementation of this policy. The ODMP can be viewed as the first integrated wetland plan in Botswana, even though the wetland policy is not officially adopted. Its adoption is important to anchor the ODMP firmer into national and international policies. 3.1.4 Botswana Biodiversity Strategy and Action Plan (BSAP) Parties to the UNCBD have to develop a national BSAP with a view to nurturing a “nation in balance with nature, with fair access to biological resources, where the benefits deriving from the use of these resources are shared equitably for the benefit and livelihoods of current and future generations and where all citizens recognize and understand the importance of maintaining Botswana’s biological heritage and related knowledge and their role in the conservation and sustainable use of Botswana’s biodiversity”. Botswana’s BSAP has eleven strategic objectives and a wide range of action items that are summarised in Box 8. Box 8: Strategic objectives and proposed activities (BSAP) Objectives Proposed activities Better understanding of biodiversity National inventories of components of biodiversity,
National biodiversity reference collections established for key groups Focused biodiversity research programme aimed at establishing biodiversity trends Understanding ecological processes and finding suitable biodiversity management solutions and better understanding of the effects of socio-economic issues on biodiversity conservation)
Long term conservation and management of Botswana’s biodiversity and genetic resources
Conservation efforts prioritized at national district and local levels Comprehensive protected area network to conserve ecosystems and species Effective ecosystems management practices in place Needs of threatened and endemic species addressed Effective management systems for non domesticated economically important species (veld products) in place Conservation of agricultural biodiversity Rehabilitation and restoration of degraded ecosystems and habitats Indigenous knowledge recorded and conserved
Efficient and sustainable utilization of all components of biodiversity in Botswana through appropriate land and resource use and management
Biodiversity concerns and essential ecological processes adequately incorporated into national land use and resource planning processes Identification and promotion of biodiversity compatible land and resource uses Increased levels of community participation and use of indigenous knowledge systems in land use and sustainable management processes Sustainable use of fuel wood and forest resources Rangeland biodiversity maintained through promotion of sustainable use of natural rangelands for economic growth and ecological balance
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Sustainable use of wetlands ecosystems Biodiversity and ecological processes Sustainable use of wildlife, wild plants and other biological resources Sustainable use of agricultural biodiversity Sustainable and efficient use and trade in veldproducts for maximum economic and livelihoods benefits
An institutional environment including human capacity, conducive to effect biodiversity conservation, sustainable use and management
A cross sectoral coordinated approach to national biodiversity conservation and use with roles and responsibilities clearly defined Comprehensive legal framework for the protection of biodiversity with appropriate mechanisms in place for implementation and enforcement Enhanced institutional biodiversity capacity at all levels National in situ and ex situ conservation capacity strengthened Financial mechanisms and finance in place for biodiversity related activities Economic valuation of ecosystems and cost benefit analysis including environmental costs)
Coping with environmental change and threats to biodiversity
Early warning mechanisms and mitigation plans in place to minimize effects of natural disasters Conservation strategies and facilities in place to address identified threats Effects of climate change on vegetation, animals, and livelihood investigated to allow for appropriate responses Reduced level of habitat destruction and degradation Sustainable water use and management with the objective to maintain biodiversity levels Effective management of invasive species, water and air pollution levels reduced in order to reduce biodiversity loss Improved understanding of threats to biodiversity)
Appropriate valuation/appreciation of biodiversity and raised public awareness on the role of biodiversity in sustainable development and public participation in biodiversity related activities and decision making
Raising of public awareness about the value of and need to conserve Botswana’s biodiversity related indigenous knowledge and traditional practices and relevant government policies Promotion of indigenous species in public places and in restoration programmes Enhancement of quality of life and appreciation of biodiversity through increased green recreational areas Enhance participation of civil society in biodiversity related activities Gender mainstreaming in biodiversity planning)
Fair access to biological resources and equitable sharing of benefits arising from the use of these resources
Fair access to biological resources and benefit sharing Access to biodiversity linked to responsibility for sustainable management Improved legal protection of innovations associated with genetic resources, indigenous knowledge and skills
Safe industrial and technological development and other services based on national biodiversity resources for future prosperity
Increased capacity in dealing with biotechnology and bio-safety Safe use of biotechnologies ensured in Botswana, Raised bio-safety and biotechnology awareness Bio prospecting and citizen based innovation encouraged creation of an enabling environment
Improved availability and access to biodiversity data and information
Establishment of national standards and their dissemination to relevant groups Establishment of computerized and meta data inventories Eeasy access to environmental, biodiversity, social and economic data Safe guarding of Botswana biodiversity research data
Recognition of Botswana’s and SADC’s roles with regards to biodiversity
Active participation in international biodiversity meetings and relevant biodiversity agreements and protocols Compliance with and efficient implementation of relevant biodiversity related conventions, agreements and treaties Regional and transboundary collaborations enhanced Establishment of Botswana at the forefront of biodiversity management and conservation in the region Pro-active role in globalization including bio trade and biotechnology)
Since biodiversity conservation and management cuts across many sectors, the BSAP envisages that a specific BSAP implementation office is established within the MEWT.
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3.1.5 Revised National Action Plan to Combat Desertification (NAPCOD) The revised NAPCOD has identified the following key priority issues: poverty alleviation and community empowerment, building partnerships and networks, capacity building, mobilising financial resources to combat desertification, education, technology transfer and sustainable use and management of natural resources. The Plan aims to combat desertification and mitigate drought impacts through participation of stakeholders and partnerships. Specific objectives are:
• Mobilisation of resources to combat desertification; • Research on desertification and drought; • Establishment of new livelihood opportunities in semi arid and degraded areas; • Awareness raising and improving drought preparedness; • Prevent and/or control land degradation; and • Building of partnerships for action.
The plan offers opportunities for special assistance for degraded areas in the Ramsar site, for the promotion of non-agricultural livelihood opportunities and for building partnerships (e.g. public- community). The delta is not specifically mentioned in the NAPCOD. 3.1.6 National Master Plan for Wastewater and Sanitation (2003) The NMPWWS made a country-wide inventory of wastewater treatment and availability and developed a sanitation, wastewater treatment and re-use and recycling strategy until 2030. At the time of the study, the emphasis of wastewater management was on proper disposal. Wastewater was not considered as an economic resource that can be re-used (e.g. for irrigation) or recycled (re introduction as potable water). The NMPWWS identified settlements where wastewater services are required during the next twenty years and developed a set of strategic plans for these settlements to assist planners in coordinating services. The NMPWWS proposes that the planning and management of wastewater be extended to large villages, where most of the existing wastewater works are institutional, for example linked to prisons and hospitals. For the Okavango delta, wastewater treatment works exist in Maun and Gumare and a new one is planned for Shakawe. The NMPWWS argues that wastewater should be re-used and recycled. The target for 2030 is to increase re-use from 20% to 96% of the outflow (or 48% of the inflow) through agricultural re-use and reduction of losses in the treatment systems. Agricultural re-use is judged economically viable in most cities and towns and some large villages such as Maun.
A new National On-site Sanitation Programme is recommended to promote “sustainable on-site sanitation through coordination, cooperation and capacity building”. The programme focuses on education and community awareness, and targets an increase in
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service level of those who depend on pit latrines and those without access to sanitary facilities. This programme is relevant for the camps inside the delta. A staggering P 3.2 billion would be needed for implementation of the NMPWWS in the NDPs. As full cost recovery is considered unaffordable for most households, the NMPWWS proposes recovery of the operational costs for households. 3.2 Resource policies 3.2.1 Land National Policy on Land Tenure (1985) The policy covers the existing land tenure systems (State Land, Tribal land and Freehold Land) and their administration in urban and rural areas. The policy seeks to ensure the sustainable use of land and to address constraints in its acquisition. The policy lays out the position of government on land tenure on the basis of recommendations of the presidential commission on land tenure of 1983. The commission identified the following as problems and constraints with regards to land tenure in Botswana:
• Inability of citizens to purchase land in urban areas; • Lack of credit facilities in rural areas due to reluctance of lending institutions to
accept communal land as security; • Misuse and mismanagement of grazing resources by farmers; • Inefficiencies of land institutions; • Concerns of people with Certificate of Rights and of those wishing to participate
in SHHA. The policy made key recommendations for different land tenure forms and different land uses, as shown in Box 9.
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Box 9: Recommended measures for different land tenure categories. Land tenure-use Recommendation Tribal Land –commercial and industrial
Modification of leases to provide for the following: A duration of 50 years; Automatic right of inheritance; Removal of the requirement that land boards should be required to give their consent to a sale in execution of the lease if this should become necessary Rentals to be charged per square metre and to vary with the village concerned location in the village, availability of services but not with number of businesses in the plot. Rentals to be payable with effect from commencement of business or on completion of two years from the date of grant Consent of the land boards to sale and transfer of leases will not be unreasonably withheld
Tribal land-residential Introduction of optional common law lease for residential plots The ministry of Lands will prepare and prescribe by regulation a residential lease form embodying the recommended provisions for use by the land boards.
Tribal-arable No land tenure change with regards to arable land as the tenure will have little or no impact on the flow of funds into arable agriculture.
Tribal land-grazing There will be no land tenure change with regard to communal grazing land Assistance to Land Boards and DLUPUs to intensify their land use planning efforts in order to curtail overstocking and encroachment of arable land on to grazing land.
Change in land tenure
Concerning district land shortages, government will continue to make necessary purchases as freehold land becomes available to augment such tribal areas.
Urban land The BBS Act will be duly amended to enable BBS lending against the security of Certificate of Rights Fixed period state grants and certificate of rights are still the most suitable land tenure systems in urban areas. They will remain the standard urban tenure and no more free gold land will be created. Facilitating citizen access to urban land: The following measures will be implemented in order to facilitate citizen access to urban land: Tenant purchase schemes will be reinstated by BHC Lowering of standards of infrastructure will be considered for affordability
The policy is implemented by the Ministry of Lands and Housing. This policy aims to improve resource management in tribal land, especially grazing areas, to increase land security and to facilitate the use of tribal land as a collateral to encourage investment. The policy has provided the basis for the continuation of Tribal Land around the delta. 3.2.2 Wildlife resources Wildlife Conservation Policy. Government Paper. No 1 1986. Government Printer, Gaborone The policy deals with utilisation of wildlife resources outside protected areas, where hunting is allowed. It is argued that wildlife can generate more economic value and employment than hitherto without depletion of the resource. Furthermore, it is assumed that the net social benefits of wildlife use may be higher than that of traditional forms such as agriculture.
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The specific policy objectives are to realise the full potential of wildlife; develop a commercial wildlife industry; and to increase the supply of game meat from commercial wildlife development. The policy operates primarily through land use zoning. Wildlife management areas are created (mostly in areas zoned as reserves under the TGLP), where wildlife resources are used and conserved. In such WMAs are wildlife management and use is the primary recognised form of land use. Criteria for WMAs include: abundance of wildlife, proximity to Parks and Reserves; located in wildlife migratory routes and/or marginal land. WMAs make up around 20% of the country. The policy further intended to protect wildlife migratory routes and mitigate the adverse resource impacts of reduced wildlife mobility by drilling supplementary boreholes, adjust fences where necessary and protect important migratory routes through WMA declaration. The policy further regulates wildlife use through game licenses, control of culling, cropping and live capture, and areas depleted of game, and control of exports and imports in line with CITES. The policy is highly relevant for ODMP, as it has led to a degree of wildlife protection and conservation outside the Moremi Game Reserve in the delta. Perhaps more importantly, it curbed agricultural expansion into the delta as agriculture was subordinate to wildlife utilisation. In this way, the policy has been responsible for the maintenance of wildlife resources, which can now benefit CBNRM projects. Ostrich management policy (1994) The policy was established in recognition of the large wild ostrich population and its economic value. The policy’s objectives are to preserve ostriches in Parks and Reserves and to conservation ostriches elsewhere through sustainable commercial exploitation. Ostriches are fully protected in Parks and Reserves. According to the policy, a National Ostrich Management Plan (NOMP) will be prepared with import and quarantine regulations; ostrich farm registration requirements; and export regulations. Processing prior to export is encouraged and fees for sport hunting will reflect market values. DWNP may zone areas outside Parks and Reserves where egg and chick collection is banned. The NOMP comprises resource monitoring and research, sport hunting and export compliance with CITES and DAHP. Game Ranching Policy for Botswana. Government Paper No. 5 of 2002. The game ranching policy was developed to boost the game industry and to catch up with neighbouring countries. Major constraints for game farming in Botswana were insufficient security of tenure (esp. in communal areas); insufficient capital and/or collateral; inadequate skills and experience; inadequate extension support and info dissemination. The policy’s objectives are to:
• Increase economic returns from wildlife outside Parks, reserves and WMAs; • Develop a viable and environmentally friendly game ranching industry; • Maximise the role of the private sector; • Facilitate the development of markets; • Generate and provide data through research and extension;
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• Promote species conservation through game farming; • Ensure a viable and healthy wildlife game population for stocking of ranches; • Promote Batswana participation; • Create jobs and income and economic diversification.
Guidelines for game ranches will include the following regulations: 1. Registration requirement with DWNP; 2. only indigenous species may be kept unless special fences are constructed; 3 capturing and cropping is permitted throughout year and day; 4. Recording of animal population register, including off-take; game from the wild may only be captured through the DWNP quota; valuable Problem animals shall be offered to game ranchers. The private sector is expected to drive the development of the game ranching industry; government will only promote and facilitate game ranching. National Parks and Game Reserves Regulations (2000) These regulations control the management of Parks and Reserves through:
• Establishment of management plans for National Parks and Game Reserves; • Entry into and movement within the national parks and game reserves subject to permits;
entry may be restricted based on the carrying capacity; • Facilities within national parks or game reserves; • Control over buildings and activities; vacated sites need to be rehabilitated; • Collection of litter and waste disposal; and • Establishment of community use zones for communities near Parks for commercial
tourism and sustainable use of veld products.
Wildlife Conservation (Hunting and Licensing Regulations, 2001) These regulations preclude hunting of a game animal except on condition that he/she has been issued with a license authorising him/her to hunt that game animal. The regulations also distinguish between different kinds of licenses for the hunting of game animals namely:
• Bird license: the license entitles the holder to hunt the species of bird specified in the license at maximum rate within the specified open season;
• Single game license. Issued at a fee from the district in which the hunting will take place and valid for the duration of the open season only. The license entitles the holder to hunt one individual species specified in the hunting quota;
• Small game license. Issued of payment of a specified fee, the license is valid only for the period specified therein and entitles the holder to hunt the species and maximum number of animals specified; and
• Special game license. Issued free of charge to citizens principally dependent on hunting and gathering of veld products for their food and valid for one year, the license cannot be sold neither can the holder sell the trophy or meat of the animal killed in respect of the license thereof. Moreover, the holder shall not be entitled to and shall not be issued with any other type of license.
Hunting in a CHA without a permit is not allowed. A permit is also required to capture or kill a game animal which is intended: for education and scientific purposes, and protection of life or property; in the interests of conservation, management, control or utilisation of wildlife, or breeding, farming or domestication of any animal and for the selling of a game animal killed, or the meat, trophy or eggs of such animal
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Professional guides also need a license. No person who is not a citizen of Botswana shall enter or travel within Botswana for the purpose of hunting any animal unless accompanied by a professional hunter Finally, no person shall import, export, re-export or acquire transit rights for game animals without an import, export, re-export and transit permit respectively.
3.2.3 Draft National Forest Policy (2005) The draft policy seeks to define principles, objectives and strategies for management and utilisation of forest resources (dense forests and open woodlands). The overall objective of the forest policy is to optimise the contribution of the forest sector to the long-term development of the country by ensuring enhanced and sustainable benefits from forestry for all segments of the current population. The specific objectives are to:
• Increase community participation in management of woodlands and forest resources; • Income generation and diversification of forestry based activities such as ecotourism,
craft production and agro-forestry; • Raise public awareness about the importance of forest resources; • Ensure sustainable management development and conservation of forest resources
through the establishment of an enabling framework; and • Development of a legal and institutional framework for the policy implementation.
The policy envisages the preparation of a National Forestry Action Plan with specific actions and strategies to achieve the objectives. Botswana has never had a formally adopted forest policy, and its approval will be a milestone. The delta and Ramsar site mostly consists of open woodlands, and the policy could strengthen CBNRM projects and create some employment and income opportunities from forest products. 3.2.4 Botswana National Water Resource Management Plan Botswana does not possess a formal water policy, but has had a water strategy in the 1991 Botswana National Water Master Plan (SMEC et al, 1991) and its recent Review (SMEC et al, 2006). The 1991 BNWMP focused on eastern Botswana, where it predicted demand, identified water shortage areas and recommended solutions. South eastern Botswana was identified as the main shortage area and the construction of Letsibogo dam together with the North South Water Carrier were recommended as solutions. The BNWMP reiterated the government position that plans for irrigation with water from the delta were shelved after an IUCN study (Scudder et al, 1993). The report of the recent Review was not made available in time for this study. Enquiries with Department of Water Affairs suggested that the review had no significant new insights and measures for the Okavango delta.
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3.3 Development policies 3.3.1 The Revised National Policy for Rural Development (2002) The Revised National Policy on Rural Development is a framework policy to facilitate coordination of the various sectoral policies, and to engender a common vision in pursuit of rural development. The objectives of the revised rural development policy are to:
• Reduce poverty; • Provide opportunities for income generation and economic activities; • Create employment; and • Increase popular participation in the development planning and implementation
processes The major concerns and issues emerging out of the review process center on the following:
• Livelihoods. Arable agriculture in communal lands is declining and may disappear with increasing urban drift of youth unless profitable and attractive new opportunities arise. The policy acknowledges significant contributions of veld products to the welfare of rural dwellers but the lack of research prevents full appreciation of the true contribution of veld products to rural livelihoods. In order to nurture growth of the private sector in rural areas, the policy recommends that governments and local authorities, as the largest consumers in many rural communities, introduce localised preferential purchasing arrangements i.e., procure goods and services from local suppliers wherever possible. Reliance on rain-fed agriculture by many rural dwellers is not prudent.
• Land and natural resources. Property rights underpin virtually all livelihood activities in rural Botswana. The policy recommends that market forces be introduced on tribal land in order to alleviate poverty and increase land use efficiency and productivity. The policy also calls for development of integrated land use plans and integrated water management strategies aimed at supporting rural development.
• Social protection. The policy recommends that coverage, targeting, efficiency and effectiveness of social safety nets be enhanced; The able should be encouraged to be self reliant.
• Institutional framework and development. The policy identifies lack of effective supervision and coordination of programmes and absence of strategic development plans as contributing factors to poor rural development. District development committees need to strike a balance of membership between government agents and communities and private sector. The policy also calls for synergy between private and public stakeholders for greater development in rural areas.
• Capacity building. The policy advocates for promotion of improved technology and assistance schemes such as CEDA. Also, roads, power, water, telecommunications and other support services will be routed to areas of high production potential and markets.
• Gender. Gender related disparities in access to and control of resources such as land and cattle in favour of men are recognised by the policy with intentions to
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address the concerns and priorities identified in the national gender programme framework and national policy on women.
• HIV/AIDS. HIV/AIDS has devastating social and economic impacts on rural areas. The policy calls for government to come up with effective strategies for prevention, de-stigmatisation, and public education.
• Poverty. Poverty reduction should be one of the central elements of rural development and more emphasis should be given to livelihood diversification away from dependency on communal arable agriculture.
• Environment. The policy calls for stronger linkages between environmental and development policies.
The Ministry of Finance and Development Planning coordinates the implementation of the policy The Rural Development Council and its secretariat, the Rural Development Coordination Division, have been set up to advise the Minister of Finance and Development Planning and execute decisions respectively. At the district level, cross sectoral coordination is done through the Ministry of Local Government operating through the forum of District Development Committees. At the village level, coordination is done mainly through Village Extension Committees, working closely with Village Development Committees. This policy balances development and conservation and is therefore important for ODMP. Implementation is mostly done at district level through the councils, making it also relevant to ODMP. 3.3.2 Community-based Rural Development Strategy 1996 The overall aim of the strategy is to promote participatory, more effective rural development, leading to expanded rural economic activities and reduced poverty through effective community-based approaches towards rural development. The specific objectives are to: reduce poverty by better programme design; promote supporting services and income-generating activities; enhance planning and management capabilities at district level; improve communities’ implementation capacity; and take into account gender and environmental sensitivities. The main strategic elements are:
• A shift in responsibility and control over rural development activities from government to communities;
• A shift in development activities towards those capable of improving income and employment;
• A changing role of government from lead implementer to facilitator. The strategy is implemented through several components: social mobilisation and advocacy; community participation; community leadership; transfer of decision-making power to local communities; community action plan and community- based projects such as direct income generation; indirect income / employment support; and projects aimed at key poverty determinants; training and institution building; re-focusing of extension support and government co-ordinating institutions; promotion of NGO involvement.
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Each District Council is expected to appoint a liaison officer. In addition, communities should receive assistance from full time/ part time development workers. 3.3.3 Botswana National Settlement Policy (1998) The aim of this policy is to provide a comprehensive set of guidelines for national physical planning and to provide a framework for guiding the distribution of investment in a way that reflects the settlements’ population, size, economic potential, level of infrastructure and settlements’ role as service centres. The specific objectives of the policy are to:
• Provide guidelines and long-term strategy for the development of human settlements;
• Rationalise and promote the optimal use of land and the preservation of the best arable land;
• Promote the conservation of natural resources for the benefit of present and future generations
The policy will identify areas that need to be preserved and zoned as preservation areas, fragile and environmentally sensitive areas and zone such areas as protected or no development areas, compatible land use zones and protection of such uses from pollution of all kinds, and measures that can mitigate harmful environmental effects of development. The policy provide guidelines for the development of transportation and utility networks in order to strengthen the functional linkages between settlements and aims to reduce the rate of migration to towns The NSP is implemented through the National Physical Development Plan and the National Development Plan at the national level and through the District Settlements Strategies at the district level. Regional master plans shall facilitate the implementation of the policy in four regions, including the northern region (Ngamiland and Chobe). Ngamiland has a settlement strategy to address the following challenges:
• Ngamiland is a vast district with many sparsely populated and inaccessible settlements • The district is well endowed with natural resources (Okavango delta) and is the seat of
ecotourism in Botswana; • There is a proliferation of settlements of less than 250 people which runs against
prescriptions of national settlement policy. Dispersion of settlements into wilderness areas generates conflicts between humans and wildlife;
• Unemployment is high and incomes are very low in the district; and • Increasing population size that puts pressure on land and related resources.
The primary goal of the Ngamiland DSS is to develop an integrated spatial plan for the district, which guide the development of human settlements in the district for the next twenty four years. The settlement strategy is expected to boost economic growth and to ensure that services are equitably provided to settlements in the district in accordance with their hierarchy.
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Box 10: Objectives and measures of the DSP. Objective Measure Create an enabling district environment in which widespread economic growth thrives and infrastructure and services are equitably distributed among the district settlements.
assessment of resource endowment of various settlements and recommendation of appropriate approaches for sustainable exploitation and utilization of resources promote prioritization of development projects and equitable siting of such projects in accordance to NSP criteria promote development and growth in agricultural and industrial sectors in the district through identification of suitable agricultural land and introduction of appropriate agricultural incentives and subsidy packages in the district
Establish a settlement hierarchy for the district in accordance with NSP criteria
Rank order settlements into primary, secondary and tertiary hierarchical levels based on their present population sizes; economic potentials and employment generation capacities; natural resource availability especially water; their role as service centres or service providers to hinterlands
Identify settlements with high growth potentials and promotion of the growth of such settlements as central places through provision of higher order services
Establish broad land use zones/agro-ecological zones in the district for various uses and determine how they could be rationally and sustainably utilized in the next 24 years.
Zonation of all land in district, for various land use activities taking into account the use for which particular land areas are best suited. Formulation of a logical phasing arrangement for the rational and sustainable development of land in the district in the next 24 years Formulation of development guidelines to ensure the orderly development of the broad land use zones in the district
Boost and diversify the economy of Ngamiland district and increase employment creation opportunities
To protect and preserve the environment generally in the district, and sustainably utilize its natural resources
Identification of all environmental sensitive areas in the district including wetlands, and the institution of adequate measures for their protection, with a view of preserving biodiversity and intrinsic pristine nature Putting in place measures to mitigate occurrence of land erosions, land degradation through sand excavations in unauthorized areas. Institute measures to continually monitor and control the population of livestock and wildlife in the district ensuring that carrying capacities are maintained. Prevent deforestation and encourage afforestation Identify quarry sites in the district and ensure that their exploitation is controlled in the interest of sustainability.
Preserve and protect fertile arable land from settlement encroachment and encouragement of good agricultural practices in the district.
Identify all fertile arable land in the district and their utilization in accordance with the recommendations of NAMPAAD regarding which crops could be best produce in which areas. Provide horticultural plots in various settlements and zoning of land for grazing.
To promote an efficient, functional and well structured institutional framework and administration machinery that is capable of driving the implementation of the district settlement strategy
Continued decentralization of institutional structures and administration functions in the district Continuous training and strengthening of the capacities of all public sector man power to effectively implement the District settlement strategy. Increase productivity levels in both central and local governments departments
improve infrastructure services provision in the district
Upgrade and extend water supply to settlements in the district in accordance with NSP locational criteria for provision of infrastructure and services to settlements
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Upgrade and extend electricity supply and telecommunications networks in the district settlements as per NSP criteria Provide adequate transportation network system in the district which promotes stronger linkages among settlements
A DSS serves as a link between national plans and policies (e.g. vision 2016, NDPs and NSP) and district level and settlement plans (DDPs, village/settlement plans).
With a planning horizon of 24 years, the DSS has a much longer timeframe than NDPs and DDPs (6 years only).
Settlement proliferation and environmental challenges are important in Ngamiland. Environmental challenges include the excavation of sand, gravel and other construction materials causing scarification of the environment, an “open door policy” to fishing in the Okavango delta, illegal hunting and poaching and human – animal conflicts 3.3.4 The Privatisation Policy The general objectives of the Policy include the strengthening of market forces and the private sector and promotion of efficient allocation and use of economic resources, increasing citizen ownership of national assets. The policy further aims to accelerate economic growth by stimulating entrepreneurship and relieving the burden of Government in undertaking and maintaining a constantly expanding network of services and investments in infrastructure. Land is considered to be an asset, which can be used productively if market forces are introduced. Land also performs a social function in that it provides livelihood security, especially communal land. It must also be recognised that the delta is an ecologically sensitive and unique area, whose services are not adequately incorporated in land values and markets. In the Delta setting, usage and management of natural resources is privatised not so much through he Privatisation Policy but through licences to operate in the Delta. 3.3.5 Science and Technology Policy for Botswana The overall goal is to achieve sustainable social and economic development to meet the present and future needs of the nation, through co-ordinated and integrated application of science and technology (S&T) for a better quality of life of the people of Botswana and conservation of the environment. The core policy objectives are to:
• Establish and strengthen national capacity to research, evaluate, select, acquire, adapt, develop, generate, apply and disseminate suitable technologies;
• Develop and raise the national productive capacity and improve competitiveness through efficient application of S&T;
• Promote and develop traditional, indigenous, new and innovative technologies; and • Create knowledge and awareness, improve and develop the scientific and technological
culture of Botswana.
The S&T Policy is important in the management of the Delta’s ecosystem in that it enables use of scientific research outputs to inform policy and decision making regarding activities in the Delta. Furthermore, in pursuance of the indicator on a monitoring system that provides information on whether ecosystem objectives are being met through assessment of the effectiveness of planning decisions in achieving ecosystem objectives
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for the planning area there should be specific goals of ecosystem monitoring in the Policy. 3.3.6 Industrial Development Policy (1998) The policy was developed in an attempt to enhance productivity and create employment in a changing regional and global environment. The policy principles are:
• Encourage productive and efficient export industries based on local natural resources; and
• Promote efficient support services and component manufacturers; and • Assist small scale rural entrepreneurs and appropriate local communities and
NGOs.
Government will facilitate the process of industrialisation. Support for tourism industry is mentioned explicitly in the policy (par. 3.9). The policy is relevant for the delta through the tourism link. It could also become relevant if manufacturing developments would occur in and around the delta, and where it offers support for small businesses, CBOs and NGOs. 3.4 Economic Sector Policies 3.4.1 Tourism sector Tourism Policy (1990) The objectives of the 1990 Tourism Policy are to:
• Increase foreign exchanges earnings and government revenues; • Generate employment mainly in rural areas; • Raise incomes in rural areas in order to reduce urban drift; • Promote rural development and the provision of services in remote areas; • Improve the quality of life by providing recreational opportunities; and to • Establish a favourable national image to the outside world.
In addition to the above objectives the policy is be designed to ensure that tourist activity is carried out on an ecologically sustainable basis. The Tourism Policy is carried out within the context of the Wildlife Conservation Policy of 1986 and the 1982 National Policy on Economic Opportunities. The Tourism policy introduces a licensing and grading system of tourism facilities to ensure quality control and permit comparison with other tourism destinations. This will is done through the Tourism Licensing Board, which is responsible for formulating and implementing licensing, regulations and grading system. The policy further provides for tourism concession areas, where operators or communities receive exclusive rights for tourism in designated areas. Government determine the possible uses of such areas (photo safaris, hunting or multipurpose) and awards tourism concessions through a competitive tendering system. Other things being equal, the concession will be granted to the applicant offering the highest rent’ (p.8). Lease conditions should ensure that
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resources are not depleted and leases are fifteen years, sub-divided into leases of five years. Traditional resource rights of people have to be respected together with the rights to traverse or enjoy such lands (p.7). The rent revenues accrue to government (State Land) or the Land Board (Tribal Land). In addition, concession holders pay royalties to the relevant District Council. This Policy is critical for the ODMP since the Delta is simply the hallmark of tourism in the country attracting more tourists than any other destination in Botswana. There are many tourism concession areas and the licensing and grading system is useful for the camps and other tourism facilities in the delta. Tourism Master Plan (2000) The Tourism Master Plan 2000 identifies comparative advantages and disadvantages of the tourism sector in Botswana. Many of the comparative advantages refer to the Okavango delta, i.e. wildlife abundance and variety, attractive scenery, remote and less crowded Parks, exclusive lodges and camps, efficient tour operators and safety and political stability. The major disadvantage is the high costs. The plan identifies four core action areas: product diversification; citizen and community empowerment, offering support for CBNRM; private/ public sector partnerships, for example as part of CBNRM projects; and ecological and economic sustainability. The Plan recommends the modification of the high-cost, low-volume tourism strategy by permitting higher volumes with mixed prices. Further to the Tourism Policy the plan recommends the establishment of a Tourism Board (now operational) and a Tourism Development Fund. Ecotourism Strategy (2002) The goal of this strategy is to create an environment in which all elements of tourism development planning and management facilitate, promote and reward adherence to the key principles of ecotourism by all those involved in the tourism industry. The objectives are to:
1. Ensure that planning, management of tourism is consistent with the concept of sustainability: adhere to carrying capacity; monitor local impacts of tourism; encourage heritage site tourism; provide incentives for CBNRM communities.
2. Facilitate development of economically viable and effectively managed ecotourism enterprises: address high cost of green practices; improve access to financial resources; develop business management and technical expertise; improve access to information and advice.
3. Increase participation of Batswana in tourism industry: greater involvement of senior Batswana in tourism; more local companies; assist Batswana to develop tourism projects.
4. Market tourism diversification: promote spatial diversification of tourism over the country; support product diversification and cost efficiency through collaborative marketing; build image of Botswana as a leading ecotourism destination; provide market info for stakeholders;
5. Enhance understanding of eco tourism among stakeholders; 6. Facilitate development of relevant infrastructure; and 7. Facilitate development of eco tourism through coordination and collaboration.
The implementation focuses on planning and research, standards and accreditation, enterprise development and training/ education. The strategy has not yet been formally adopted by government.
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3.4.2 The Agricultural Sector The National Policy on Agricultural Development (1991) Despite the declining relative importance of agriculture, the sector still plays a significant role in food security, income, employment and investment opportunities for rural Batswana. This also applies to Ngamiland and the delta. Cattle and small stock are more important than the mostly subsistence oriented crop production. Commercial food production is not viable in Ngamiland. The policy therefore aims to accelerate agricultural growth and to improve food security with no or minimal adverse environmental impacts. The specific objectives are to increase food security at the national and household level through agricultural diversification, increased production and productivity, creation of employment opportunities, provision of a secure and productive farming environment and conservation of scarce agricultural and land resources. The policy further aims to eliminate malnutrition, develop drought-coping strategies and skills, and support post-drought crop recovery. The policy envisages that agricultural subsidies will be better targeted than before, and that government will provide essential farm support services of national importance. Government would support the capital costs of water development while farmers pay the operational costs. Government would facilitate agricultural development instead of implementing agricultural development. Measures for the livestock sector include breeding programme with artificial insemination, veterinary services for diseases of national importance, milk production, environmentally safe tsetse eradication. The policy denounces the communal grazing system as environmentally and economically wanting. Therefore, emphasis is given to land privatisation and livestock ranching. Community areas qualify for targeted subsidies including boundary establishments by Land Boards, preparation of a land use plan, permanent extension team, water development, fencing, Artificial insemination and range ecological support. The policy is important for Ngamiland and the Okavango delta, as it could lead to more fencing and livestock expansion. Increased livestock productivity would, however, reduce the need to designate more land for the livestock sector. The policy further makes clear that commercial food production is not feasible in Ngamiland, and that emphasis should be given to subsistence crop production, including the more fertile molapo areas. National Policy on Tribal Grazing Land (1975). The TGLP policy was an early attempt to solve the problem of overgrazing and lack of rangeland management in Tribal land. The overall policy aim was to ‘provide cattle owners, large ad small, with ways of increasing their farming incomes’. (p.5). The specific objectives are to:
• Control grazing, improve range management and increase productivity possible by granting exclusive rights to land (conditional); and
• Safeguard the interest of those who own only a few cattle or none at all (by creating reserves, later used as WMAs).
TGLP led to a subdivision of Tribal Land into three categories:
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• Commercial farm areas with exclusive rights for individuals or groups through leases (50 years);
• Communal grazing areas where the tenure system remained unchanged and policy emphasised the need for better management. The Land Boards would control the number of livestock to be kept in communal areas and no individual ownership of dams, wells boreholes for livestock would be permitted.
• Reserves set aside for the poor and for alternative uses such as wildlife, mining and cultivation. These reserves later became WMAs.
Implementation of the policy focused on the large districts, including Ngamiland. Environmental and social impacts were monitored for some time, but this was discontinued. The policy has had a profound impact on land use in Ngamiland through the development of the Hainaveld ranches (outside the ODMP area) and the general support to the sector that TGLP and its successor have offered. The establishment of a grazing management system in communal areas have never materialised.
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4.0 LEGISLATIVE REVIEW AND ANALYSIS The following legislation has been identified as being of relevance to land use planning. The legislation is not in any particular order of importance and will be discussed later in the order they appear below. General development and governance Acts (section 4.1):
• The Constitution of Botswana • The Administrative Districts Act • Local Government (District Councils Act) • The Industrial Development Act • Acquisition of Property Act • The Public Health Act
Resource Acts (section 4.2):
• The Tribal Land Act • The Town and Country Planning Act • The Waste Management Act • The Wildlife (conservation) and National Parks Act • The Agricultural (Conservation) Resources Act • Herbage Preservation Act
Sectoral Acts (section 4.3)
• The Fencing Act • Diseases of Animals Act • Environmental Impact Assessment Act • Fish Protection Act
4.1 General Development and Governance Acts 4.1.1 The Constitution of Botswana Section 3 of the Constitution assures every individual in Botswana their entitlement to fundamentals rights which include the protection of the privacy of her/his home and other property and protection from deprivation of property without compensation, subject to lawful limitations. These limitations include the compulsory acquisition or the taking in possession of property in order to secure the development or utilisation of the property for a purpose beneficial to the community; or for the purposes of public safety, public order, public morality, public health, town and country planning or land settlement (section 8(1). This discussion is elaborated further under the discussion on the Acquisition of Property Act and the Tribal Land Act. The Constitution does not refer explicitly to environmental rights. 4.1.2 Administrative Districts Act This Act provides for the administrative districts of Botswana. The designation of Northwest District as a district is contained in the Declaration of Administrative Districts Order under the Act. The Schedule in the Order describes the Northwest District and provides its legal boundaries.
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The Act provides for the administrative districts of Botswana. The designation of Northwest District as a district is contained in the Declaration of Administrative Districts Order. The Schedule provides the description of what constitutes Northwest District as well as providing the legal boundaries of the district. It is obviously essential for land use planning, service provision, budgetary requirements to know the extent and limitations of the district. Administrative districts do not follow ecosystem boundaries, and therefore an administrative district may have more than one ecosystem within its boundaries. For example, the Ramsar site has at least two ecosystems, i.e. the delta proper with seasonal water inflows, and the dry savannas at some distance of the delta, which are similar to other parts of the country. Ecosystem diversity needs to be recognised in planning of development, land use and settlements. 4.1.3 Local Government (District Councils) Act The Act provides for the establishment of the District Councils and provides for matters that are relevant or connected with District Councils. The provisions of the Act apply to all areas in Botswana except those areas that have been declared to be cities or townships as per the provisions of the Townships Act. Northwest District Council has an important role to play in the development and land use in the district. Since the Council is required to provide services, including those outlined in this Act, any planning for a specific use of land should involve the Council. The designation of land for safari camps, community-based activities, tourism activities; settlement, agriculture, meraka and so forth requires the involvement of the Council in order to ensure that the Council is aware of the duties it ought to perform for the specific land use. Council is legally obliged to be involved in the conservation and management of natural resources through the establishment of parks, public places and recreation grounds. This legal obligation may be difficult to exercise in practice because the Council is not the one responsible for the allocation of land. Ngamiland District contains large tracts of communal land which are administered under the Tribal Land Act. Although the Tribal Land Act provides for designation by the Land Board of land called “commonage” it does not necessarily cover the designation of land for the conservation of plant natural resources or biological resources. With the exception of plant natural resources that are covered under the Forestry Act and the Wildlife Conservation and National Parks Act, land allocation in communal land does not legally (under Tribal Land Act) require the consideration of conservation of natural resources. Fortunately for the Delta, its designation as a Ramsar site and the presence of many wildlife management areas offer resource protection, but does not cover resources outside the Ramsar site and WMAs. It is therefore important that district development and resource planning is based on sustainable development.
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4.1.4 Industrial Development Act The Industrial Development Act seeks to promote industrial development in Botswana. The Act appears to be confined to the manufacturing industry and excludes agriculture and tourism. The relevance for this review lies in section 8(2)(b), which indicates that the application for granting of a licence may be denied if the site for the proposed manufacturing establishment is not suitable. Section 8(2) of the Act presupposes that planning and zoning is done in accordance with the relevant legal mechanisms such as those found under the Tribal Land Act and the Town and Country Planning Act. Section 14 of the Act states that the issue of a licence under the Act does not in any way relieve the holder of the licence from compliance with any other written laws, including the Town and Country Planning Act, the Waste Management Act, the District Councils Act and the EIA Act. 4.1.5 Acquisition of Property Act This Act authorises the acquisition of property for public and other purposes, and provides for the determination of any compensation to be paid as a result of an acquisition. The scope of the Act includes “real right” in immoveable property, lease of immovable property, rights to use of public water, any servitude, or the creation of any servitude, any land granted or ceded to a corporation, company or person. The Act however does not apply tribal territories as defined under the Tribal Territories Act. The Act provides conditions on which the President may acquire any real property (s.3) (1): In the interests of defence, public safety, public order, public morality, public health, town and country planning or land settlement; In order to secure the development or utilisation of that or other property for a purpose beneficial to the community. The RAMSAR site is mostly tribal land; most of which is administered by the land Board as communal land or wildlife management area; a small portion is run by DWNP as a Game Reserve (Moremi Game Reserve). 4.1.6 Public Health Act The Act makes provision for public health concerns such as housing, trading places, sanitation, protection of food resources and products, water supplies and the regulation of the use of cemeteries. The main functions under this Act are the promotion of personal and environmental health. This involves advising and assisting local authorities in regard to matters affecting public health. In relation to land use planning it is important to consider the suitability of the land and the area for the type of services and infrastructure development that is necessary to maintain public health and environmental health. The provisions of this Act should be read and implemented along with the provisions of the Waste Management Act, District Councils Act, Town and Country Planning Act, Trade and Liquor Act and the Building Control Act.
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4.2 Environmental and Natural Resource Acts 4.2.1 Environmental Impact Assessment Act (2005) The EIA Act provides for:
• Environmental impact assessment to be used for assessing the potential effects of planned developmental activities;
• The determination and provision of mitigation measures for effects of such activities as may have a significant adverse impact on the environment; and
• The putting into place a monitoring process and evaluation of the environmental impact of implemented activities (environmental audits).
The act applies to activities of which the Minister may, after screening them prescribe by regulations. Such regulations shall prescribe:
• A list of activities which are likely to cause significant adverse effects on the environment, or the locations that may be environmentally sensitive, in respect of which a statement shall be mandatory;
• Threshold determinations of environmental impact assessment with respect to the activities; and
• Criteria which shall be used to determine whether or not a statement is required for the activity.
The Act provides for mitigation measures and environmental monitoring and audits. The Act is critically important to the delta, especially if the delta is declared an ecologically sensitive area. Adverse environmental impacts will be avoided or reduced in severity, and environmental audits could ensure that no unexpected environmental damage occurs without addressing this situation immediately. 4.2.2 Waste Management Act (1998) The Act provides for the establishment and functions of the Department of Sanitation and Waste Management (now Department of Waste Management and Pollution Control). It also prescribes roles for the local authority in the management of waste and provides for the planning, facilitation and implementation of advanced systems for regulating the management of controlled waste in order to prevent harm to human, animal and plant life, as well as to minimise pollution of the environment and to protect natural resources. This Act is closely associated with land-use planning. There is need to plan and zone land suitable for waste disposal sites as well as to zone land for the different land uses in a manner that provides an enabling environment for the control of (including collection) residential, industrial, hazardous and clinical waste (section 14). This is important in the context of the Delta where tourism and such other activities take place within a fragile ecological system. The Act describes the duties of local authorities in the management of waste, in this case the district council and/or LB. The local authority is required under section 9 to produce a waste management plan covering the area under its control. This would require an assessment of the current land uses and the types of waste generated. Of
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importance, is that at planning and zoning stages it is necessary to lay a broad framework of the type of waste, its management and responsibilities envisaged. Certain types of land uses will have to be planned and zoned away from fragile or potentially fragile environment. Additionally, the location of waste disposal sites will have to take into consideration the state of the ecology, natural resources and the human and natural environment in question. There is a requirement for the licensing for the operation of a waste management facility. Section 16(1) requires that a waste management facility, for which planning permission is required under the Town and Country Planning Act, be in possession of such permission before it can be granted a license under the Waste Management Act. The Act provides for the conservation of natural resources and environmental protection through the prevention of pollution and contamination caused by unregulated and uncontrolled waste. In planning and zoning of land, it is necessary to identify areas where there is underground water, fragile ecology etc in order for the areas to be zoned for those activities less likely to cause detrimental effects to the surrounding natural environment. 4.2.3 Land Resources The Tribal Land Act (1968 amended in 1993) The Act provides for the establishment of the tribal Land Boards and vests communal land in such Land Boards (LB). It also defines the powers and duties of the Land Boards. The Act administers customary forms of land tenure, common law rules and other privately owned rights such as those found in the Acquisition of Property Act. However the larger body of law that is administered or purported to be administered under the Act is that of customary law. Customary law in relation to any land is taken to mean the customary law of the place where the land is situated. While LBs have been successful in allocating resources, the resource management void that emerged in communal areas has not been adequately filled by LBs. The lack of management of resources in most communal land is not confined to plant natural resources, but also affects the management of soil, sand, gravel and stones. These materials are in high demand both for domestic, but mostly for commercial consumption. It is difficult in the absence of responsibility for non-allocated areas to control the extraction of sand and gravel. The importance of highlighting this in relation to the ecosystem approach, especially in the Delta and the areas surrounding the Delta is the potential loss of biological diversity and natural resources there from. The dilemma for planning purposes for land use that may pose a challenge for Land Boards to effectively enforce environmental planning and use of the ecosystem approach is contained in Section 38 of the Tribal Land Act. Section 38(1) of the Tribal Land Act regulates the transfer of rights on communal land. The section does not allow the transfer of rights in respect of any grant or lease of any communal land unless the following conditions have been met:
• the land is developed to the satisfaction of the Land Board; • the land is sold to a citizen of Botswana; • there is a hypothecation by a citizen of Botswana; and • there is devolution of such land due to inheritance.
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Section 38(2) proceeds to provide conditions on which the land can be registered at the Deeds Registry, which conditions are:
• there must be produced evidence of a certificate issued by the Land Board; • there must be evidence of a written lease. Where relevant, one of the conditions in section 38(1) must be present. Section 38(3) provides: “For the avoidance of doubt, it is hereby declared that the provisions of section 17 of the Deeds Registry Act shall have effect in relation to the transfer of real rights of land under the provisions of this section as it has in relation to the transfer of any other real rights in land”
The implications of the above for the purposes of planning and zoning are, firstly the section changes the tenure system of the land in question by granting through registration under the Deeds Registry Act, exclusive private rights, it may even provide for the change in land use from the land use previously granted under the Tribal Land Act. Secondly the privatisation of communal land effectively removes the administrative and legislative checks (Tribal Land Act, Town and Country Planning Act) and balances that ensure basic environmental accountability as the owner of private rights over property is at will to deal with her/his land regardless of environmental consequences. Town and Country Planning Act 1977 The intent of this Act is to provide for the orderly and progressive development of land in both urban and rural areas and to preserve and improve amenities in those areas. The Act also provides for the grant of permission to develop land, and provides for other powers of control over the use of land. The Act establishes the Town and Country Planning Board (TCPB) whose functions are to advise the Minister on his/her request, in particular on the preparation or revision of developmental plans. The TCPB is also charged with the task of determining applications for the development of land submitted to it. This Act is important to the ODMP because there are a number of developments that take place in the Delta area, including tourism, agriculture, harvesting of wildlife species and hunting. The Town and Country Development Order is applicable to every planning area from the day the area is appointed a planning area. Any area can be legally declared a planning area irrespective of the land tenure system. While the concept of environmental conservation is present in the Act, the approach for infusing environmental management is lacking. The Town and Country Planning Board is charged with the implementation of the Act. However section 22, permits the Minister to cause the transfer of the functions of the Board by an order published in the Gazette. The functions of the Board to grant or refuse permission for development are transferred to what is termed “a responsible” authority subject to conditions, limitations and reservations as the Minister deems fit. Where the functions are transferred to a responsible authority the provisions of the Town and Country Planning Act shall apply to any decision or action taken by the responsible authority as if the decision or action was taken or conducted by the Board.
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Section 41 spells out the relationship of this Act with other legislation regulating the development of land:
“For the avoidance of doubt it is hereby declared that the provisions of this Act, and any restrictions or powers thereby imposed or conferred in relation to land, apply and may be exercised in relation to any land notwithstanding that provision is made by any law in force at the date of the passing of this Act, for authorising or regulating the development of any land.”
This Act and the Tribal Land Act seek land development in a similar fashion, (the former mostly in designated planning areas) but overlaps may occur and conflicts may arise during the implementation of both Acts. 4.2.4 Wildlife Resources Wildlife Conservation and National Parks Act (1992) The Act provides for the conservation and management of the wildlife of Botswana and gives effect to CITES on the fauna side. The Act provides for complete preservation of wildlife resources inside Parks (all wildlife) and Reserves (specified protected species) and for controlled use of wildlife resources elsewhere. The use is protected through a combination of licenses, quota and enforcement activities on the part of DWNP. The Act provides for the establishment, control and management of national parks and game reserves by DWNP, Wildlife Management Areas, Controlled Hunting Areas and for matters incidental thereto or connected therewith. In this regard the Act addresses a number of significant issues including protected animals, partially protected animals, bird licences, and schedules on areas and types of animals and plant life that may not be hunted or harvested. With regards to mining in a national park, the Act explicitly prohibits any prospecting, mining or acquisition of prospecting or mining rights in national parks except as subject to any such rights lawfully acquired, in terms of the Mines and Minerals Act, before the date on which such an area became a national park or by written permission of the Minister. Any land-use planning should take into consideration existing national parks and WMAs in order to address the potential of conflict and competition for land that arises as a result of expanding human population (and corresponding agricultural, settlement activities) and the need for land by the animals. The planning for CBNRM activities that are dependent on WMAs and national parks will require planning in such a manner that access to the wildlife is possible. This requires the direct involvement in planning of the Department of Wildlife. This Act, although it is not explicit, carries within it ecosystem approach principles. 4.2.5 Agricultural Resources The Agricultural (Conservation) Resources Act (1974) The Agricultural Resources Act addresses the access to and management of resources and empowers the Agricultural Resources Board to manage all resources on and below
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the soils of Botswana. The Act also acknowledges the importance of creating appropriate policy and regulations to manage and conserve veldt products. The Act falls short of addressing the management and conservation of veldt products that are not destined for commercial export. Thus the void in relation to the management and conservation of veldt products remains unaddressed and the consequences of such non-control are felt mostly by the poor people in society, particularly those that need the resources for domestic consumption. Regulations have been issued for sengaparile (1977) and hoodia (2005); these species are not common in the RMASAR site. The lack of control is not good for the natural resources management in the Delta and surrounding areas, where competition for resources continues to grow. In the face of competition for resources, the Act has to move away from shying to address the use of resources, based on the ecosystem in question. 4.2.6 Herbage Preservation (Prevention of veld fires) Act (1977) The Herbage Preservation Act aims to control veld fires. Nobody is allowed to start a fire in land not owned by him/her. Notification warnings need to be given for fires on private land. Each person has the obligation to put out a fire. The Herbage Preservation Committee has the right to prescribe firebreaks where needed. Fires are a significant problem in Ngamiland and therefore this Act is important to the Ramsar site. Enforcement of the Act is very difficult, and fires form a key component of traditional rangeland management. Therefore, if the the fire ban would be effective it is likely to alter the vegetation composition. 4.2.7 Forestry Act (1968 and 2005) The 1968 Forest Act is concerned with Forest Reserves only. Local authorities, including the Land Board, may propose the establishment of a Forest Reserve in its authority area. The use of forest products is controlled in such reserves, and charges apply. Persons must hold a license to cut trees, build huts or use the land for grazing or cultivation. The Act provides for bye-laws. The Act was amended in 2005 in order to comply with the CITES as far as it relates to flora. Protection of forest resources is restricted to Forest Reserves, which currently do not exist in the Ramsar site. Forest produce elsewhere (hence in most of the delta) are largely unprotected, creating a gap in legal resource protection. 4.2.8 Fish Protection Act 1975 The Act provides broad guidelines for the regulation, control, protection and improvement of fish resources and fishing in Botswana. The Act empowers the Minister of Environment Wildlife and Tourism to make regulations that include:
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• Regulations for fishing: • Registration requirements of all fishing boats; • Establishment of species specific fishing seasons; • Issuing of specie specific fishing licenses; • Registration of persons authorised to catch any species of fish; • Prescribing user fees for fishing and registration; • Regulation of nets to be used in fishing and/or prohibition of certain nets/ meshes; • Prohibiting, restricting or regulating the imports of live fish into Botswana; • Prohibiting, restricting or regulating the transfer within Botswana of any live fish.
While the Act provides comprehensive regulations for the sustainable management of fish in Botswana, lack of financial and manpower resources in the fishery unit makes effective enforcement of the law very difficult. This could threaten fish resources, particularly if the catch increases. 4.2.9 Water The Water Act (1968) This Act provides for the provision of water rights by the Water Apportionment Board. The State owns the country’s water resources. Everyone has access to water for stock, drinking, washing and cooking and use in a vehicle, provided he/she has lawful access to public water (art. 5). Water rights are needed for water diversions, dam and storage, abstraction, use, or discharge of effluent into public water. Water rights specify the quantity of abstraction, the period and purpose of abstraction. Water right does not mean that the amount of water is actually available. Water rights may be cancelled if not used within three years (art. 24). The following conditions apply to water rights for industrial, mining, power generation, and forestry use:
• Water used shall be returned if reasonably practicable, to the body from which it was abstracted; • Shall be substantially undiminished as far as the use to which it is put allows; • Shall not be polluted with any matter that is likely to cause a health risk to people, animals, fish crops or gardens that are irrigated. (art. 17). The Water Registrar will keep a record of all water rights (art.32).
This law is important for the delta and RAMSAR site as it largely control water abstractions and return flows to public waters such as the Okavango River.
Water works Act 1962 The Water Works Act identifies water works areas for supply through public water supply systems and appointment of the water authority. The Water Authority has the rights to construct water works and take over all water works within or beyond the boundaries of the waterworks area and the duty to supply water. This Act applies to villages, which are supplied by the department of Water Affairs (Maun) and/or the District Council (as the appointed Water Authorities).
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4.3 Sectoral Acts 4.3.1 Mines Quarries Works and Machinery Act This Act provides for the safety, health and welfare of persons engaged in prospecting, mining and quarrying operations including any works that are part of, or ancillary to mining and quarrying operations. The Act also contains provisions on the inspection and regulation of mines, quarries, and works and of machinery used in connection therewith. The concern regarding the extraction of sand and gravel at district level is addressed by this Act. However the actual scope of implementation of this Act does not extend to what is regarded as non-commercial activities such as the building of a home. Furthermore the Act does not seek to regulate individuals, who extract sand or gravel but to regulate official entities registered as mines or quarries. This leaves room for erosion and ecological destruction. 4.3.2 Agriculture Diseases of Animals Act The Act aims to prevent and control diseases of domesticated animals and gives provisions for the import, export and movement of domesticated animals as well as those for the quarantine of domesticated animals in certain circumstances. There is a disease notification duty. The owner or person in control of any animal affected or suspected of being affected shall notify the nearest veterinary officer or other officer and keep such animal separated from unaffected animals; non-compliance is an offence. The Director of DAHP may then declare the area to be an infected area as regards to any disease named. He may extend, reduce or otherwise alter the limits of an infected area or declare an infected area to be free from disease Animal and (its product) movement into or out of any infected area of any animal may be prohibited. Veterinary controls are an important aspect of livestock farming in Ngamiland. Major cordon fences in and around the Okavango delta include: the Kuke fence, the Makalamabedi (1968), the buffalo fence (1982 to control spread of foot and mouth), the Samuchima, Ikoga, and Setata1 fences (1995 to contain spread of CBPP) and border line fences, which were constructed after the eradication of CBPP in 1996. Fencing Act 1962 This Act regulates the construction of fences dividing farms and stipulates the type of “farm” that ought to be fenced, how the costs will be shared as well as the procedures to be followed in the fencing of farms. The Act also provides for the resolving of disputes or conflicts between farmers regarding fencing. The Act’s applicability to land use in the Delta and surrounding areas arises from the fact that fencing is considered to be a development under the provisions of the Town and Country Planning Act. The provisions of this Act may be of relevance in particular, to planning and zoning of land as farms or in making material changes to existing farms. It
1 The Setata fence has been removed and an opening has been made in the order fence with Namibia (Caprivi strip) to reduce adverse impacts on wildlife resources.
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is worth noting that under section 3 of the Fencing Act a “farm” ought to be a piece of land registered as such under the Deeds Registry Act. This does exclude moraka (cattle post) and tshimo (ploughing fields). Although the Tribal Land Act provides for registration under the Deeds Registry Act subject to certain conditions, it does not compel the registration of a moraka or tshimo in order to be regarded as a “farm”. 4.3.3 Tourism Tourism Act 1992 This Act provides for a licensing and grading system of tourism enterprises through the Tourism Industry Licensing Board. It is important to the delta to ensure proper registration of enterprises and proper grading of the camps, hotels etc. Botswana Tourism Board Act 2003 This Act provides for the establishment of the Botswana Tourism Board as a body corporate, with members from the public and private sectors as well as from community-based organisations. The tasks of the Board are to:
• Develop and implement a tourism marketing and promotion strategy; • Formulate and implement strategies for promoting sustainable tourism
development in collaboration with all stakeholders; • Advise government on policy reviews and reforms where necessary; • Implement government tourism policies; • Set performance targets for the development of the industry; • Promote investments in the tourism sector; • Promote the improvement of tourism standards through service standards and
codes of ethics; and • Encourage tourism diversification.
The BTB is headed by a CEO and has the right to raise revenues. The linkages between the BTB and the Department of Tourism are not spelled out in the Act. It is assumed that the BTB absorbs the responsibilities of the Tourism Licensing Board. This Act is important for the RAMSAR site, as it is the prime tourism attraction of Botswana. Competition between the Board and the department of Tourism could create problems and conflicts; these should be avoided by a clear division of responsibilities or organisational re structuring.
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5.0 POLICY ANALYSIS 5.1 Introduction This chapter discusses the main findings of the review of the major policies and legislation (chapters 2-4). Several integrated environmental approaches have emerged over the last two decades. These include sustainable development (1987, World Commission on Sustainable Development), ecosystem approach (1990s through IUCN and UN) and integrated water resource management (IWRM; after 1990 Dublin conference). These approaches are very similar, even though they may have a different scope and emphasis. For example, IWRM is restricted to water resources, and the ecosystem approach focuses more on resource conservation. Government has adopted the approach of sustainable development in the 1990 White Paper on Resource Conservation and Utilisation and in the development planning process (cf. NDP9 and the environmental key note paper). Therefore, sustainable development seems the natural choice of concept. However, it must be recognised that several international and regional conventions and national policies refer to the ecosystems approach (EA; e.g. UNCBD and wetlands policy) or to IWRM (e.g. SADC regional water policy). Therefore, these approaches need to be incorporated in resource planning too. First, the policy formulation process in Botswana is described (5.2) then general observations are made regarding the policies and legislation (5.3) before specific findings are presented in section 5.4. The chapter is concluded (5.5) with recommendations regarding policies and legislation in relation to ODMP. 5.2 Policy formulation During the preparation of the Wetlands Policy and Strategy, the following steps were undertaken during policy formulation:
• The inception of the process came from the national wetlands committee who informed the DEA (then NCSA) of the need for policy
• The DEA then hosted a workshop to identify the main problems facing wetlands and the need for a national policy on wetlands.
• DEA then appointed the National Wetlands Steering Committee to oversee the preparation of a policy and strategy.
• The Committee and their consultants then hosted a national consultative workshop on the issues and the to identify objectives of the policy
• A draft policy and strategy were prepared together with a broad range of publicity materials (Ministerial speeches, newspaper articles and
National Wetlands Committee - Reports to the NCSA
IssuesFor NationalConsultation
IssuesFor NationalConsultation
Stakeholder Workshop
National Consultation
Draft WetlandsPolicyDraft WetlandsPolicy
Stakeholder Workshop
National Wetlands Policy and Strategy
Consultation
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duel language pamphlets). The public were asked to contribute to the process. These comments were incorporated into a second draft of the policy.
• A national consultative conference was then held to finalise the Wetlands policy and Strategy.
• The final Policy and Strategy was then adopted by DEA who then began the official acceptance process where the documents have to be presented to and accepted by the National Environmental Affairs Council (Made up of the NCSA and Agricultural Resources Boards) and the National Rural Development Council.
• A cabinet memo is then prepared for Cabinet approval.
These steps have been modified into a policy cycle (Figure 2) and discussed with the client
Inception of Idea Policy Dev. Team
Government commitment
Clarify the Issues
Identify Alternatives/Options
National Consultations
Define the Objectives
Identify implications
Cabinet Approval
Draft Memo
NEAC & RDC Approval
Cab Memo
Implementation(Integrate into NDP)
Review
Strategy & Action Plan
Draft Policy
Identify policyneed
Public process
Government process
Approval
Initiation
Formulation
Implementation
Figure 2: The Policy Formulation Cycle 5.3 General observations The Okavango Ramsar site is governed by a wide variety of policies and laws, which involve a large number of mostly government institutions. At least forty national policies and laws and close to ten international treaties or protocols are relevant to the use and
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conservation of the Okavango’s resources. The analysis distinguished the following types of policies, laws and treaties, dealing with:
• Individual resources (water, land, wildlife, forestry, fisheries etc.) • Environmental issues (EIA/SEA, waste management, pollution) • General development issues (e.g. rural development and settlement) • Economic sectors (agriculture, wildlife, tourism, forestry) • Social welfare and livelihood support (e.g. pension, RADP)
The multitude of policies and institutions involved in resource management and their use creates huge challenges for effective resource coordination and management that the ODMP seeks to ensure. There is need to harmonise and rationalise policies, institutions and legislation, in particular:
• Harmonise and consolidate the Agricultural Resources Conservation Act, the Forest Act and the Herbage Preservation Act (also need to up-date; see below);
• The Tribal Land Act and the Town and Country Planning Act. The latter needs to concentrate on peri-urban areas and land developments around large villages through the declaration of planning areas. The authorities of the TCPB and the LBs need to be clearly delineated to avoid overlap and conflicts;
• Pollution control policies and legislation to ensure full coverage of all forms of pollution in an integrated and efficient manner;
• Tourism development and management. The roles of the new Tourism Board and the department of Tourism need to be clarified as both seem to have similar tasks. This may create overlap and conflicts.
The review revealed a difference in emphasis between national and international policies, treaties and protocols2. The international policies originate mostly from the UN and SADC and focus on specific natural resources (e.g. wildlife, forests and water) and environmental issues (e.g. desertification and biodiversity). Most have emerged after the 1992 Summit on Sustainable Development in Brazil. There is currently only one sectoral protocol that appears directly relevant for the Okavango (SADC protocol on Tourism). In contrast, the national policies cover a broader range of environmental and development challenges. The number of national development and environment-oriented policies is roughly similar. While this balance is healthy from a sustainable development perspective, the challenge to integrate development and environmental policies better and more efficiently remains. The institutional environment and development responsibilities are divided between central and local government. The lead institutions in central government are the DEA, DWA, DWNP and DWMPC; DoT, DTRP and DFRR also have a role to play. The District Council and the Land Boards are the leading institutions in local government. Their role is growing and needs further enhancement in order to realise more effective decentralised resource conservation and use. Decentralisation of responsibilities appears to be slow and needs to be accelerated, also through the implementation of the ODMP. This requires further capacity building within the District Council and Land Board. 2 For simplicity sake, the term policy is often used later to cover all types of documents (policies, treaties, protocols and programmes).
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The roles of the private sector and the local population are modest in most policies, but growing. Initially, involvement was restricted to consultation, but recent policies mention greater roles for the private sector (e.g. tourism and the Tourism Board) and communities (e.g. CBNRM, rural development and participation in the Tourism Board). Greater participation of the private sector and civil society needs to be encouraged to overcome government capacity constraints and to increase local interest in resource conservation and wise use. This can be done through broadening of the District Development Committee with members of the private sector, NGOs and communities and through delegation of tasks now carried out by government to other sectors in society. Some policies and Acts date back to the 1970s or even earlier (e.g. 1962 Water Works Act, 1968 Water Act, 1974 ARCA, 1975 Forestry Act, 1977 Herbage Preservation Act). Obviously old Acts cannot incorporate recent international commitments and changes in environmental thinking and approaches. Therefore, there is need to regularly up-date policies and acts to keep them aligned to international trends and recent insights and knowledge. This is particularly important in the following areas:
• Water policies and legislation. These should be based on the notion of integrated water resource management, encourage decentralised water planning and management (e.g. district water planning unit) and be consistent with/incorporate commitments under regional and international conventions.
• Pollution legislation is current covered under the 1968 water Act, the 1975 Atmospheric Pollution Control Act and the 1998 Waste Management Act.
Some key policies are still in draft form (e.g. CBNRM and Forestry policies, wetlands and ecotourism strategies). It is uncertain how the final versions will look like. From an environmental perspective, pollution issues appear to be dealt with in a fragmented and partial manner. The 1998 Waste Management Act and policies govern litter, sanitation, wastewater and waste disposal; the Atmospheric Pollution Control Act (1975) addresses air pollution but water pollution is mostly addressed through the 1968 Water Act. 5.4 Policy review Below, the major findings are discussed for the evaluation criteria. 5.4.1 Participation of local communities and private sector Three issues merged from the review: consultation, participation and benefit distribution. Each is discussed in some detail below. Greater involvement of communities and the private sector is promoted for several reasons:
• A rethink of government’s role (switch from development implementer to facilitator and overall custodian of the environmental heritage);
• Government capacity constraints in terms of policy implementation and enforcement;
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• The expectation that greater involvement of communities in resource management will benefit rural development as well as resource management. It is expected to establish common property resource management to overcome the perils of open resource access;
• The expectation that greater private sector involvement would create new development opportunities (e.g. in collaboration with communities) and mobilise financial resources, skills and capacity for development.
Consultation Botswana has a strong culture of consultation through Kgotla and other media. Local consultations, particularly during policy preparation have taken place for a long time (e.g. TGLP consultations), and are also formally incorporated in new policies such as EIA. Participation Participation is more than consultation and assigns certain responsibilities and rights. Since the 1990s, several policies emphasise the need for participation of local communities, mostly through community-based natural resource management and community-based rural development. This trend is particularly visible in national policies but is also found in international policies. Examples include: Rural Development Strategy and Revised Rural Development Policy, draft CBNRM, the Tourism Policy and draft Forestry Policy and the Action Plans for biodiversity (BSAP) and Combating Desertification (NAPCD). The Agricultural Development Policy also offers opportunities for local communities. SADC protocols support community participation in the forestry and wildlife sectors, and the UNCCD and NAPCD encourage community based resource management and rehabilitation. The CBNRM Review and experiences from neighbouring countries have shown that the CBNRM approach is most feasible in areas with abundant wildlife resource close to Parks and Reserves. Therefore, participatory development and resource management is a suitable approach for the delta. Benefit distribution Benefit distribution is an important aspect of local participation. The Vision 2016 and the Tourism Policy argue that local benefits must be increased and that benefits need to be fairly distributed. The final CBNRM policy will have mechanisms for the distribution of CBNRM benefits. The role of the private sector is hardly articulated in any of the policies. Some policies refer to a greater role of the private sector (e.g. SADC tourism protocol and rural development policy), but the roles and responsibilities of the private sector and communities need to be defined much clearer in policies. 5.4.2 Decentralisation of resource management and policy implementation National policies and legislation assign major resource management responsibilities to local authorities. This conforms to an international trend towards decentralisation of development and resource management (e.g. EA and IWRM) and it is in line with government’s decentralisation policy. Resource responsibilities include:
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• District Council: e.g. Tribal Land, waste management, water supply in small villages settlement policy, RADP, tourism concessions, district development through DDC and District Development Plans;
• Land Board: Tribal land allocation and use, CBNRM, ranches, management plans for parks.
Decentralisation poses new challenges in terms of the capacity of local authorities and the interaction with central government (district administration and headquarters of Ministries). It is expected that such constraints will be gradually resolved. Forums like DLUPU and TAC are good efforts to bring together key stakeholders around key topics such as land use and CBNRM. There may be scope for additional forums dealing with water issues at district level. 5.4.3 Coordination between policies and different stakeholders Most policies are sectoral or resource oriented, and they are implemented by different institutions, raising considerable coordination challenges. Some policies are more integrated and comprehensive, and should be used as vehicles for integration and coordination. For ODMP, these are:
• Revised Rural Development Strategy; • NCSA White Paper on Conservation and Development; • Settlement Policy; and • Wetlands policy.
There is inadequate coordination between rural development and resource-environmental policies. The divide between environmental and development policies is not sufficiently bridged. A greater role for the Revised Rural Development Policy and community-based approaches towards resource conservation and use are needed. The NAPCD could be strengthened and modified by including activities for the Okavango delta. Some policies and Acts are old, and were approved prior to international policies and conventions. Examples include the Forestry policy and act, the Herbage Preservation Act and the Agricultural Resources Conservation Act. It is important that national policies are regularly up-dated and include international commitments. International policies can also be used to accelerate policy development and implementation (e.g. forestry). 5.4.4 Policy, sectoral and resource conflicts Conflicts arise between policies and legislation, sectors and institutions. The policy conflicts may be inherent in policies or occur during their implementation. There are many reasons for conflicts, including conflicting policies, inadequate coordination between policies, diverging interests of stakeholders, differences between policy design and their implementation. Sectoral conflicts
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In the delta, sectoral conflicts have arisen between fisheries and tourism, subsistence use and tourism, wildlife and livestock, wildlife and arable production and wildlife and people, hunting and photo safaris. In future, conflicts could arise between mining and other sectors (e.g. tourism and agriculture). Conflicts have also arisen between subsistence and commercial uses. Policy conflicts The conflicts are rooted in unclear policies, particularly with respect to coverage and nature of resource rights (e.g. TCA and TGLP farms), and permitting single or multiple uses in an area. The following terms are used in legislation and policies:
• Flora: firewood, forest produce, veld products, agricultural resources and natural resources;
• Fauna: agricultural resources, livestock, stock, animal, domestic animal, domesticated birds, domesticated ostrich, wild ostrich, game animal, non-designated animal, natural resources.
The popular term 'veld products' is only used once (in Parks and Reserve regulations) and range resources are not defined at all.
Resource rights may refer to ownership, development rights and/or user rights. This difference is not always understood by the right holders and other stakeholders. In Botswana, the State usually owns the resource and issues user and/or development rights for specific resources. It is then often unclear who has rights over the other resources in the area, and what the nature of such rights is. Policy conflicts further arise from divergence between regional and international conventions on the one hand and national policies and legislation on the other hand. This is currently most visible with respect to old policies and legislation, which have not incorporated recent SADC or global conventions and frameworks. Institutions Conflicts can arise between central and local government regarding implementation of policies (e.g. waste management, pollution control). Furthermore, conflicts may arise between new and existing institutions. The creation of the Botswana Tourism Board should be accompanied by redefining the role of the Department of Tourism to create role clarity for other stakeholders and to avoid overlap and competition between both institutions. 5.4.5 Environmental perspective Policies are based on different environmental perspectives. We distinguish integrated and sectoral environmental perspectives. The ecosystems approach, sustainable development and IWRM are considered integrated environmental perspectives; environmental mitigation (e.g. EIA) and resource preservation (protected areas) are considered sectoral perspectives. Sustainable development is the most commonly used integrated perspective. It has the broadest support base in Botswana, as the Vision 2016 and development planning process are both based on it. A few policies refer explicitly to the EA: CBNRM, wetlands
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and BSAP. Integrated environmental perspectives are rarely explicitly mentioned in legislation. The integrated perspective partly permeates into sectoral and resource policies. Examples include EIA, community zones and People and Park Strategy in Protected Areas, and some of the agricultural policies. Optimal resource allocation is, however, often lost in sectoral policies, especially agriculture. Tourism and Wildlife utilisation policies are more recent and consider their comparative advantage vis-à-vis agriculture. 5.4.6 Ecosystem integrity, resources as economic goods and environmental externalities Few national and international policies and Acts explicitly aim to maintain ecosystem integrity. The few ones include the protected area policy, wetlands policy and UNCBD/BSAP. Most development and sectoral policies consider natural resources as economic goods, but only partially and implicitly. The Tribal Land Act is an example of treating land primarily as a social and livelihood good, and gives insufficient attention to land as an economic good. The delta is a prime example of the importance of natural resources for rural development. Few national policies (e.g. TGLP and NSP) consider environmental externalities but these should be identified by EIAs. This also applies to international policies. A few policy statements refer explicitly to the delta:
• Large-scale irrigation is not desirable in the delta given the adverse environmental impacts (NAMPAADD);
• The tourism potential of the delta must be developed and used to generate more local benefits (Vision 2016);
• The delta area is not suitable for commercial dryland farming (NAMPAADD) • Ngamiland should be considered for livestock ranching given its vastness
(TGLP)3. • The District Settlement Plan (DSP) recognises the delta proper as a separate
planning zone given its special environmental features. 5.4.7 Promoting sustainable resource use Sustainable resource use is a general term, which is now used in most national and international policies. However, some of the older policies do not have the term in place (e.g. RADP and NAMPAADD). The term sustainable use is used rather loosely and seemingly at par with terms such as prudent and wise use (e.g. Ramsar). The protocol on shared water uses the term fair
3 Barnes et al (2001) find that livestock ranching is probably uneconomic in Ngamiland because of the large distance to the market.
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and equitable use of the resource benefits, taking into account ecological water requirements. This brings out the social aspects of resource use. The challenge that lies ahead is operationalising the term sustainable resource use through indicators and supporting data. It requires information about the available stocks, use levels and regeneration. Indicators based on the SD concept could be that the yields are kept below the regeneration level and that pollution is kept below the natural absorption capacity. The wildlife quotas are in principle determined in that way. 5.4.8 Use of instruments Given the policies, a wide range of instruments are available to manage and use the delta’s resources. Instruments strongly rely on planning, regulations/ licenses and in some cases user charges. The use and management of the delta’s resources occurs through the following package of instruments:
• Land use and settlement planning; different settlement zones, different land use zones and possibilities of declaration of Forest Reserves (Forest Act), designated grazing areas (Tribal Land Act), wildlife management areas (Wildlife conservation policy), arable areas and ecologically sensitive areas (NSP)
• Allocation of resource rights, mostly user and development rights: tourism concession areas, licenses/ fees for most resource uses. Sustainable resource use is pursued through the level of the annual quota, which is in principle based on the resource stock;
• Orders, regulations and bans: stock and conservation orders, ban on fires in communal areas, ban on imports of aquatic weeds, controls of livestock movement.
• Restrictions to activities: e.g. ceiling on livestock number per person in communal areas.
Some of the instruments are not used (e.g. orders and stock ceilings); for others it is unclear whether they are set according to the principles of sustainable resource utilisation (e.g. wildlife quota). User charges vary greatly and are not based on the same principles, leaving room for sub optimal resource allocation; most are set by central government and/or need to be approved by the relevant Minister. User charges for TCAs are determined through tendering. This procedure is not used for other resource use rights. The instruments are not all fully rooted in the principles of the polluter-pays-principle, the user-pays-principle and the precautionary principle. Recent policies emphasise the need to enhance economic instruments, and make users pay for resources, especially commercial users. Few bye-laws seem to be made by the District Council regarding resource use and conservation. The potential of by-laws for resource management appears under-utilised. Some policies have no ‘own’ instruments, and these tend to suffer from slow implementation, as they depend on the ‘goodwill’ of other institutions (e.g. rural development, wetlands and NAPCD).
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There is no attempt to ring fence resource revenues. Revenues from resource charges accrue to central government (MFDP) Land Board (land rentals) or the District Council (general revenues). Charges are more appreciated (and possibly easier collected) if they are destined for use in the same sector or for general environmental management. International policies contain additional instruments, mostly aimed at harmonisation of national policies. These include joint water quality standards, trans-frontier resource management (e.g. wildlife, forests and fisheries) and forest plans and assessments 5.4.9 Role of research and indigenous knowledge It is widely accepted that research and indigenous knowledge should inform policy formulation and implementation. The potential of research and indigenous knowledge is not sufficiently exploited at the moment. Most policies refer to the need to monitor results. Some are rooted in baseline assessment (range ecological assessment) or regular resource assessments (e.g. wildlife counts) and few mention specific research tasks (e.g. wetlands and Ramsar, rangeland assessments for ranching). Some research efforts and programmes seem to have lost momentum (e.g. BRIMP and ranch monitoring). Policies in some areas seem to be informed by old research, and do not examine the policy implications of recent research (e.g. livestock ranches and Herbage Preservation Act). Indigenous knowledge is often used in association with community participation and CBNRM. The Vision 2016 observes the need for more research in the delta carried out by local institutions such as HOORC. Examples of research gaps include studies of comparative advantages and optimal resource use, studies into the importance of livestock mobility in communal settings, study into the role of fires (positive and negative impacts). 5.4.10 Gender and youth issues Gender and youth issues are rarely mentioned in policies. Recent SADC protocols seem to mention gender systematically. The Revised Rural Development Policy also mentions gender and youth concerns. Youth and gender issues need to be mainstreamed in ODMP and policy implementation. 5.4.11 Concluding remarks There is a substantial body of national and international policies and legislation that can be used to improve the conservation and use of the delta’s resources. Because of their importance for the delta and/or their integrated environmental perspective, key documents for ODMP are:
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• National policies: Vision 2016 and NDPs; wetland policy and BSAP; wildlife and tourism policies; revised Rural Development Policy
• International policies: Ramsar, SADC water and Forestry Protocols and opportunities for Tran-frontier management, NAPCD.
Policy gaps/ inadequacies exist for the conservation and use of veld products and range resources, including firewood, and for soil and water pollution. Several instruments have not yet been used: Forest Reserves and several order and regulation. Some policies and acts may be merged or better synchronized (e.g. agricultural resource conservation act and forest act and aligned with the draft CBNRM policy). In terms of institutions, the DC and LB are the major players at local government. Much of the implementation is, however, still done through central government. The role of the private sector is hardly spelt and seems very limited. The role of communities is increasing through the CBNRM approach. 5.5 Recommendations 5.5.1 Institutions and organisations The District Council and Land Board should be major agencies for the implementation of ODMP. Therefore, locate ODMP implementation agency inside DC (or LB). The coordinating roles of DLUPU (land and settlements) and TAC (wildlife and CBNRM) need to be emphasised. In future, a district water planning unit may be required in recognition of the key role of water resources. There is need for greater involvement of private sector and communities in policy formulation and implementation. Communities and the private sector should participate in the implementation of ODMP. It is recommended that signing of regional and global conventions is routinely accompanied by up-dating or overhauling the relevant national legislation. It is further recommended that the responsibilities and duties of the new Botswana Tourism Board and the Department of Tourism are clarified to avoid confusion and conflicts; a merger between both needs to be considered. 5.5.2 Resource planning In line with existing laws and policies, the following zones need to be identified and protected accordingly: fertile arable land, environmentally sensitive areas, grazing areas and Forest Reserves. Land use zones should be based on comparative advantages and encourage where possible multiple, complementary resource uses (e.g. Forest Reserve and photographic tourism). Settlements and villages inside sensitive areas, presumably mostly the delta, should be discouraged. Wastewater (Maun, Gumare and in future Shakawe) must be treated as an economic resource that could be used for irrigation, fish farming or other productive purposes.
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5.5.3 Resource rights The number of resources distinguished in Acts and policies need to be reduced and there is need for harmonisation and structuring. The term ‘agricultural resource’ should be dropped. The terms veld products and/or range resources as well as open woodlands and/or savannas need to be defined. The resource rights need to be clearly spelled out to recipients in terms of:
• Ownership, use or development rights; • Which resources are covered and exclusivity (or not) of rights; • Which other resource rights are permitted in the same area and which ones are
not? • Technical details such as transferability, duration etc.
If national laws do not provide the required details, the DC can make byelaws or the LB can include it in the lease requirements. There is need to educate right holders and other stakeholders about the nature of such rights to reduce conflicts (e.g. PR campaign). 5.5.4 Policies ODMP should be firmly rooted in key development and environmental policies that adopt an integrated environmental perspective:
• National policies: Vision 2016 and NDPs; wetland policy and BSAP; wildlife and tourism policies; revised Rural Development Policy
• International policies: Ramsar, SADC water and Forestry Protocols and opportunities for transfrontier management, NAPCD.
ODMP needs to establish closer links between environmental and developmental policies. Improving livelihoods and rural development need to go hand-in-hand with resource conservation and utilisation. The delta needs to be declared a sensitive area, for which all policies and projects are subject to EIAs/ SEAs, unless the director of DEA rules otherwise. ODMP implementation should be based on several environmental policy principles: precautionary principle (e.g. no large scale irrigation given the environmental risks), user-pays-principle (esp. for commercial activities) and polluter-pays-principle. Labour-based social welfare projects could be used to encourage environmental rehabilitation and CBNRM support (e.g. working for water, wood etc.). Resource revenues from resource charges need to be accounted for in a transparent manner, and preferably they should be re-invested in the sector’s further development (e.g. tourism, wildlife, CBNRM). It is important that operational indicators are developed for the assessment of sustainable use/ yields or of resource use ceilings. Byelaws need to be developed and existing resource management instruments be used to promote sustainable resource management and CBNRM. Citizen hunting needs to be abolished in the Ramsar site and the quota need to be transferred to communities or commercial operators, Tribal land needs to be viewed as an economically productive and social good instead as a primarily a social good, for example by introducing market forces in their allocation and use. A policy needs to be developed to manage and
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sustainably use flora resources in communal areas, which currently suffer from open access (e.g. through broadening of CBNRM). There is need for policy harmonisation and rationalisation in the areas of:
• Agricultural Resources Conservation Act, the Forest Act and the herbage Preservation Act; The Acts could be merged into a range resources or Veld products Policy and Act. It would imply that the ARB will be abolished and the existing Acts would be repealed.
• The Tribal Land Act and the Town and Country Planning Act. The latter needs to concentrate on peri-urban areas and land developments around large villages through the declaration of planning areas. The authorities of the TCPB and the LBs need to be clearly delineated to avoid overlap and conflicts;
• Pollution control policies and legislation to ensure full coverage of all forms of pollution in an integrated and efficient manner (e.g. water pollution, air pollution, waste, hazardous material, noise);
5.5.5 Resource monitoring and research Monitoring and research aim to support policy formulation, implementation and performance. The resource stocks and sustainable harvest levels need to be assessed and regularly up-dated. Moreover, it is important to assess the comparative advantages of different economic sectors, esp. tourism and wildlife compared to agriculture. Much is still unknown or uncertain about the dynamics of delta (e.g. causes of changes in water flows and tilting of the delta). The ODMP data base and follow up research should generate the missing information. In the absence of conclusive data, the precautionary principle should be invoked. 5.5.6 Support for CBNRM The community benefits from Parks should be increased through Community zones, collection of veld products and firewood and Park and People strategy. Moreover, the skills and capacity of CBOs need to be enhanced through long term assistance and promoting joint ventures. Support could be linked to RADP, ADP, RRDP and the CBNRM policy. 5.5.7 Sectoral development With respect to dryland arable farming, continued support needs to be offered to subsistence farmers. It needs to be acknowledged that the area’s potential for commercial dryland farming is extremely limited, and therefore this sector should not be encouraged in the area. Molapo farming could be encouraged in the relevant areas based on the better soils and soil moisture conditions. There is need to increase its yields. With respect to livestock production, the viability of livestock ranching is doubtful given present market conditions. Switching towards game farming could benefit the tourism
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sector. Cattle post farming and village area farming: can be encouraged but away from the delta and WMAs. With respect to tourism, diversification and further development need to be promoted subject to sustainable resource use. CBNRM needs to be integral part in tourism development and diversification, and is an important means of achieving a fairer distribution of the sector.
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REFERENCES
Agricultural Resources Conservation Act. [CAP. 35:06 Bamako Convention, 1991 Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (1989) Boreholes Act, 1956. CHAPTER 34:02 Botswana National Settlement Policy, 1998. Government Paper NO.2 OF 1998. Botswana Government Printer, Gaborone. Botswana Wetlands Policy and Strategy, 1998. Government printer, Gaborone, Botswana Control of Livestock Industry Act [CAP. 36:01. Government printer, Gaborone, Botswana Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES),1975. Draft Botswana’s Policy for Waste Water/Sanitation Management, 1999. Draft Community Based Natural Resources Management Policy, 2003. Ministry of Environment, Wildlife and Tourism. Environmental Impact Assessment Act, 2005. Ministry of Environment Wildlife Botswana Government Printer, Gaborone. Fish protection Act, 1975. CHAPTER 38:05. Botswana Government Printer, Gaborone. Forest (Amendment) Act, 2005. Act NO. 8 OF 2005. Botswana Government Printer, Gaborone. Game Ranching Policy for Botswana. Government paper NO.5 OF 2002. Ministry of Trade, Industry, wildlife and tourism. Government printer, Gaborone, Botswana Herbage Preservation (Prevention of Fires), 1977. Act NO. 37 OF 1977. Botswana Government Printer, Gaborone. Local Government (DISTRICT COUNCILS) Act. CHAPTER 40:01. Botswana Government Printer, Gaborone. National Master Plan for Arable Agriculture and Dairy Development, 2002. Government White paper NO.1 OF 2002. Ministry of Agriculture. Botswana Government Printer, Gaborone.
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National Parks and Game Reserves Regulations, 2000. Botswana Government Printer, Gaborone. National Policy on Agricultural Development, 1991. Government paper NO.1 OF 1991. Government Printer, Gaborone, Botswana National Policy on Land Tenure, 1985. Government Paper NO.1 OF 1985. Botswana Government Printer, Gaborone. National Policy on Natural Resources Conservation and Development, 1990. Government paper NO.1 OF 1990. Botswana Government Printer, Gaborone. National Policy on Tribal Grazing Land, 1975. Government paper NO.2 OF 1975. Botswana Government Printer, Gaborone. Ostrich Management Plan Policy, 1994. Government paper NO.1 OF 1994. Botswana Government Printer, Gaborone. Privatisation Policy for Botswana, 2000. Government paper NO.1 OF 2000. Ministry of Finance and Development Planning. Botswana Government Printers, Gaborone. Ramsar Bureau, 1971. Convention on Wetlands of International Importance (Ramsar Convention). Revised National Policy for Rural Development, 2002. Government paper NO.3 OF 2002. Ministry of Finance and Development Planning. Botswana Government Printer, Gaborone. Southern African Development Community, 2000. The Revised SADC Protocol on Shared Water Courses. Southern African Development Community, 2002. SADC Protocol on Development of Tourism. Southern African Development Community, 2002. SADC Protocol on Energy. Southern African Development Community, 2003. SADC Protocol on Fisheries. Southern African Development Community, 1997. SADC Protocol on Mining Southern African Development Community, 1999. SADC Protocol on wildlife conservation and Law Enforcement Southern African Development Community SADC Regional Water Policy The Agreement on the establishment of a permanent Okavango River Basin Water Commission (OKACOM), 1994. Tourism Policy, 1990. Government paper NO.2 OF 1990. Botswana Government Printer, Gaborone.
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Tribal Land (Amendment) Act, 1993. Act NO.14 OF 1993. Botswana Government Printer, Gaborone. Tribal Land Act, 1970. CHAPTER 32:02. Botswana Government Printer, Gaborone. United Nations, 1993. United Nations Convention on Biological Diversity (UNCBD). United Nations, 1997. United Nations Convention on the Law of Non-navigational Use of International Watercourses United Nations, 1996. United Nations Convention to Combat Desertification (UNCCD). United Nations, 1992. United Nations Framework Convention on Climate Change (UNFCCC).
Waste Management Act, 1998. Act NO. 15 OF 1998. Government Printer, Gaborone, Botswana. Water Act, 1968. Government printer, Gaborone, Botswana Wildlife conservation (Hunting and licensing regulations, 2001 Wildlife Conservation and National Parks Act, 1992. Act NO. 28 of 1992. Government Printers, Gaborone Botswana. Wildlife Conservation Policy, 1986. A paper on the utilisation of the wildlife resource of Botswana on a sustainable basis. Government paper NO.1 OF 1986. Government Printer, Gaborone, Botswana.
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Appendix 1: Definition and terminology Wetland policy “Wetlands” are defined in the policy as “areas of marsh, fen, peatland or water, whether
natural or artificial, permanent or temporary, with water that is static or flowing, fresh, brackish or salt”
CBNRM policy 2003 natural resources” refers to non-domesticated forest/timber resources, veld products/wild flora, fisheries and wildlife/game. “community” refers to any diverse group of people with varied socio-economic interests and capabilities sharing an interest in conservation and living within a legally defined geographic area.
Wildlife regulation 2000
Veld products” means non-domesticated, vegetative biological resources that may be used for construction, medical, food and cultural activities. “Firewood” means wood which is both dead and fallen and which can be removed without the use of tools. “Director” means the director of DWNP “Problem animal control” means an activity undertaken to deter, capture or lethally remove game animals whose behavior is causing or threatening to cause harm to people or damage to property.
Ostrich Management Plan
Ostrich farm: adequately fenced property that houses adult breeding birds which produce eggs and chicks which are used for commercial means. Basic products; eggs and chicks; Ostrich ranch: an adequately fenced property on which eggs and chicks collected from the wild are raised for commercial means. Basic product is meat. Wild ostrich: collected from the wild as an egg, chick or adult (DWNP’s responsibility); Domesticated ostrich: produced from an egg that has been laid by parent held in captivity and subjected to routine management and veterinary care (MoA’s responsibility).
Rural development policy
Rural development “modernisation process that aims at raising the living standards of the rural communities as well as enhancing a variety of social welfare services geared towards self reliance and sustainable development”.
NSP “settlement” as a place for human habitation with at least three households. The minimum population of any settled area to be recognised as a settlement is 15 people. There are five settlement types in Botswana: seasonally changing settlements (remote area dwellers, lands and cattle posts in tribal land); farmstead settlements (found in freehold farms); dispersed homestead settlements (permanent residential, pastoral and arable occupations in tribal land); villages (traditional settlements with minimum of 500 people on tribal land) and townships/towns (settlements of varying sizes established on state or free hold land and declared townships under the Townships Act) For a village to attain urban status, it should have a minimum of 5000 people and at least 75% of its labour force engaged in non-agricultural employment.
Tribal Land Act Development in respect of the grant of an area of tribal land means to introduce or carry
out works or improvements in accordance with the purpose for which the grant was made, and “development” shall be construed accordingly.
TCPA Development means the carrying out of building, engineering, mining or other operations in, on, over, or under any land or the making of any material change in the use of any buildings or other land.
EIA Act “Activity” includes a project, programme or policy “Developer” means an applicant authorised to undertake an activity “Environmental impact” means any positive or negative effects caused by an activity on the environment “Environmental impact assessment” means the process and procedure for evaluating and predicting the likely environmental impact of a proposed activity “strategic environmental assessment” a process for evaluating the environmental consequences of a proposed policy, plan, or programme initiatives in order to ensure that they are fully included and appropriately addressed at the earliest stage of decision making, on par with economic and social considerations.
Disease Act “Animal” refers to all domestic livestock and tamed birds and any wild carnivore tamed and kept as a pet.
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“Disease” means anthrax, brucellosis, dourine, east coast fever, epizootic lymphangletla, foot and mouth disease, glanders and farcy, mange and equines, contagious bovine pleuro pneumonia, African swine fever, rabies, rinderpest, sheep pox and sheep scab, tuberculosis, African horse sickness, ulcerative lymphangitis, lumpy skin disease, Newcastle diseases, blue tongue, psittacosis, rift valley fever, trypanomiasis and any other disease of animals prescribed as a disease for the purpose of the Act: “Fence” means any fence declared by the minister to be a fence for the purposes of disease control, and means a substantially large stock proof fence with gates at places where it crosses a public or a private road and with suitable appliances where it crosses any obstacle. “Director” means the director of veterinary services and his deputy or any veterinary officer authorized by the Director.
UNCCD
Desertification” means land degradation in arid, semi-arid and dry sub-humid areas resulting from various factors, including climatic variations and human activities “Combating desertification’ includes activities which are part of integrated development of land in arid, semi-arid and dry sub-humid areas for sustainable development which are aimed at :
i) prevention and/or reduction of land degradation ii) rehabilitation of partly degraded land: and iii) reclamation of desertified land;
“drought”, “mitigating the effects of drought”, “land”, “land degradation” etc are specifically mentioned and defined by Article 1 of the Convention.
UNCBD “Biological diversity” means the variability among living organisms from all sources including, inter alia, terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are part: this includes diversity within species, between species and of ecosystems. “Biological resources” includes genetic resources, organisms or parts thereof, populations, or any other biotic component of ecosystems with actual or potential use or value for humanity “Sustainable use” means the use of components of biological diversity in a way and at a rate that does not lead to the long term decline of biological diversity, thereby maintaining it’s potential to meet the needs and aspirations of present and future generations.
SADC protocol on forestry
"community-based forest management" means the management of forest resources by one or more local communities on the basis of a right to manage or to receive benefits from those forests; "Conservation" means the protection, maintenance, rehabilitation, restoration and enhancement of forests and efforts to ensure that the use thereof is sustainable; "Forest" means any ecosystem containing trees and which is so defined by national policy or legislation and includes the concepts of 'forest land', 'forest product', 'forest resource' and 'forest genetic resource' "local community" means a coherent, social group of persons with interests or rights related to forests or forest resources, in a particular area, which the persons hold or exercise communally in terms of an agreement, custom or law;
SADC Shared watercourses
Shared water courses are systems of surface and ground water flowing into a common point and passing or bordering two or more SADC countries.
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Appendix 2: Settlement sizes in Ngamiland district in 2001
Classification Frequency of settlements Percentage <249 478 87 250-999 61 11 1000-4999 10 2 5000-9999 1 0.2 Above 10000 1 0.2 Total 551 100 Source: Ngamiland District settlement strategy, 2003 Appendix 3: Planning zones of Ngamiland district In pursuit of a coherent spatial planning of the district, the district has been divided into planning zones as reflected in the table below. Planning zone name Zone No Area Km2 % of total
district area Major settlements
*Okavango 1 5750 5.3 Shakawe, Seronga, Sepopa *Ngami west 2 4650 4.3 Gumare, Etsha 6, Nokaneng Ngami 3 8259 7.6 Sehitwa, Toteng, Tsau Maun 4 5550 5.1 Maun, Matlapana, Shorobe,
Makalamabedi Hainaveld 5 6950 6.4 Somelo *Western communal 6 32740 30 Nxauxau, Qangwa, Xaixai statelands 7 22635 20.7 Phuduhudu delta 8 17640 16.2 Sankuyo, Mababe Phuduhudu communal area
65 0.1 Phuduhudu
Investigation area 4900 4.5 Total 109130 100
Source: Ngamiland district strategy 2003 *Okavango sub-district Appendix 4: Settlement Hierarchy in the district Based on the NSP’s settlement hierarchy, the table below summarises Ngamiland district hierarchy in 2003.
Settlement level
population Total number of settlements
List of settlements
Primary 20000+ 1 Maun Secondary 10000 – 19999 1 *Gumare Tertiary I 5000 – 9999 Tertiary II 1000 – 4999 10 Sehitwa, Tsau, Matlapana, Seronga, Xakao, Sepopa,
Nxamasere, Shakawe, Nokaneng, Etsha 13 Tertiary III 500 – 999 17 Boro, Shorobe, Gunitsoga, Ngarange, Sekondomboro,
Beetsha, Eretsha, Gudigwa, Kauxwi, Mohembo,Ikoga, Samuchima, Roye, Mohembo, Etsha1, Etsha 8, Shauwe
Tertiary IV 250 - 499 45 Nxaraga, Samedupi,Mawani, Chanoga, Tsanekona, xhobe, Makalamabedi, Chuchubega, Sexaxa, Matsaudi, Sankuyo, Khwaii, Toteng, Haka, Somela, Thololamoro, Bodibeng, Patlhama, Phirieatsena, Botlhatlogoo, Habu, Phuduhudu, Xhau, Matswee, Tobere lands, Gowe, Kapotora lands, Moaha, Kajaja, 1, Okhutse, Khauga, gain, Chukumuchu, Boajankwe, Nxwee, Tubu, Katalangoti, Xurube, Xaxa, Etsha 4, Etsha 9, Etsha 10, Qangwa, Nxauxau
* Gumare’s status as a secondary centre based on its administrative function as a sub-district headquarters and not on meeting the population threshold.
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