Review and streamlining of national policies, plans, regional protocols and international conventions in relation to the Okavango Delta

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Review and streamlining of national
policies, plans, regional protocols and
international conventions in relation
to the Okavango Delta

Jaap Arntzen

Tiego Mpho

Kamwenje Nyalugwe




II






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




III

Table of Contents


LIST OF FIGURES

................................
................................
................................
................................
....

VI

LIST OF BOXES

................................
................................
................................
................................
.......
VII

ACRONYMS

................................
................................
................................
................................
............

VIII

EXECUTIVE SUMMARY

................................
................................
................................
............................

X

1.0

INTRODUCTION

................................
................................
................................
............................

1

1.1

T
HE
O
KAVANGO
D
ELTA

................................
................................
................................
................

1

1.2

K
EY ISSUES AND CHALLE
NGES

................................
................................
................................
.....

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

O
KAVANGO
D
ELTA
M
ANAGEMENT
P
LAN

................................
................................
......................

4

1.4

P
URPOSE

OF THE POLICY REVIEW

................................
................................
................................

5

1.5

O
BJECTIVES OF THE REV
IEW AND VISIONING EX
ERCISE

................................
..............................

6

1.6

A
PPROACH AND METHODOL
OGY

................................
................................
................................
..

7

1.7

C
RITERIA FOR SELECTIO
N OF POLICY AND LEGI
SLATION

................................
................................
....

7

2.0

INTERNATIONAL CONVEN
TIONS AND REGIONAL P
ROTOCOLS

................................
..

9

2.1

I
NTRODUCTION

................................
................................
................................
..............................

9

2.2

I
NTERNATIONAL AGREEME
NTS 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 B
iodiversity (UNCBD)

................................
................................
.....
11

2.2.4

Convention on International Trade in Endangered Species (
CITES)

.......................
12

2.2.5

UN Convention to Combat De
sertification (UNCCD)

................................
..................
13

2.2.6

UN Convention on the Law of Non
-
Navigational Use of International
Watercourses

................................
................................
................................
................................
......
14

2.2.7

Basel C
onvention on the Control of Transboundary Movements of Hazardous
Wastes and their Disposal (1989)

................................
................................
................................
...
14

2.2.8

Bamako Convention, 1991

................................
................................
..............................
15

2.3

R
EGIONAL
A
GREEMENTS AND
P
ROTOCOLS

................................
................................
................
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 Wildl
ife 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, S
TRATEGIES AND REGULA
TIONS

................................
..............
23

3.1


E
NVIRONMENTAL POLICIE
S
,

STRATEGIES AND REGUL
ATIONS

................................
....................
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


IV

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

R
ESOURCE 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

D
EVELOPMENT 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

E
CONOMIC
S
ECTOR
P
OLICIES

................................
................................
................................
.....
39

3.4.1 Tourism sector

................................
................................
................................
..........................
39

3.4.2

The Agricultural Sector

................................
................................
................................
....
41

4.0 LEGISLATIVE
REVIEW AND ANALYSIS

................................
................................
..................
43

4.1

G
ENERAL
D
EVELOPMENT AND
G
OVERNANCE
A
CTS

................................
................................
.........
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

E
NVIRONMENTAL AND
N
ATURAL
R
ESOURCE
A
CTS

................................
................................
....
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 a
nd 2005)

................................
................................
.........................
50

4.2.8

Fish Protection Act 1975

................................
................................
................................
.
50

WATER WORKS ACT 1962

................................
................................
................................
.....................
51

4.3

S
ECTORAL
A
CTS

................................
................................
................................
..........................
52

4.3.1

Mines Quarries Works and Machinery Act

................................
................................
......
52

4.3.2 Agriculture

................................
................................
................................
..............................
52

4.3.3

TOURISM

................................
................................
................................
................................
...
53

5.0 POLICY A
NALYSIS

................................
................................
................................
...................
54

5.1

I
NTRODUCTION

................................
................................
................................
.............................
54

5.3

G
ENERAL OBSERVATIONS

................................
................................
................................
............
55

5.4

P
OLICY REVIEW

................................
................................
................................
............................
57

5.4.1

Participation of local co
mmunities and private sector

................................
...................
57

5.4.2 Decentralisation of resource management and policy implementation

.......................
58

5.4.3

Coordin
ation between policies and different stakeholders

................................
............
59

5.4.4

Policy, sectoral and resource conflicts

................................
................................
.............
59

5.4.5 Environmenta
l perspective

................................
................................
................................
.
60

5.4.6

Ecosystem integrity, resources as economic goods and environmental
externalities

................................
................................
................................
................................
.........
61

5.4.7

Promoting susta
inable resource use

................................
................................
.............
61

5.4.8

Use of instruments
................................
................................
................................
............
62

5.4.9

Role of research and indigenous knowledge

................................
...............................
63


V

5.4.10

Gender and youth issues

................................
................................
................................
63

5.4.11

C
ONCLUDING REMARKS

................................
................................
................................
................
63

5.5

R
ECOMMENDATIONS

................................
................................
................................
....................
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: DEFINITI
ON AND TERMINOLOGY

................................
................................
..............
71

APPENDIX 2: SETTLEME
NT SIZES IN NGAMILAN
D DISTRICT IN 2001

................................
.....
73

APPENDIX 3: PLANNING

ZONES OF NGAMILAND D
ISTRICT

................................
......................
73

APPENDIX 4: SETTLEME
NT HIERARCHY IN THE
DISTRICT

................................
........................
73





VI

List of Figures


Figure 1

-

Location of the Okavango Ramsar Site

................................
................................
..

1

Figure 2: The Policy Formulation Cycle

................................
................................
..................

55





VII

List of Boxes



Box 1: Ecosystem approach principles

................................
................................
.....................

8

Box 2. Ramsar concept of ‘wise use’

................................
................................
.........................

8

Box 3: Key a
reas and measures of UNCBD
................................
................................
...........

12

Box 4: Examples of CITES listed Okavango Delta fauna and flora

................................
....

13

Box 5: SADC water policy princip
les

................................
................................
.......................

17

Box 6: Proposed areas and measures in SADC Protocol on Forestry

...............................

20

Box 7: Developmental and environmental goals of the 19
90 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



VIII

Acronyms


ADP





Agricultural Development Policy

ARB





Agricultural Resources Board

B
RIMP





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





Comm
unity 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





Depart
ment 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





Dep
artment 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 Agricultur
al 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 Strate
gy Agency


IX

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



X

EXECUTIVE SUMMARY


The report presents the main findings and recommendatio
ns 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 ar
ea, object
ive
s of the study and ODMP in chapter one,
c
hapter 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. Th
is 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 l
ight, 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 co
nflicts 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 desi
gn 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 ph
otographic 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 com
petition 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 s
ustainable 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
.



XI

Institutions and
organisations




Recognising

that the
North West

D
istrict
C
ouncil 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 th
e 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 recommen
ded 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:



F
ertile arable land



E
nvironmentally sensitive areas
e.g., special breeding areas for birds, fish etc



G
razing areas and



Forest Reserves.




Land use zones should be based on co
mparative 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.




Wastew
ater (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 r
educed
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 c
learly spelled out to recipients in terms of:


XII



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 a
s 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 ri
ghts 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 policie
s 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 Protoco
ls 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),



U
ser
-
pays
-
principle (esp. for commercial acivities) and



P
olluter
-
pays
-
principle.




Labour
-
based social welfare projects cou
ld 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
in
struments be used to promote sustainable resource management and
CBNRM.



XIII



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 econo
mically 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 s
uffer 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; T
he 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 concentrat
e 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, im
plementation
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 agr
iculture.




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 conclusi
ve 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 ca
pacity 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


XIV


Sectoral development




With respect to dryland arable farming, continued support needs to be offer
ed 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 b
ased 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 benef
it
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 nee
ds to be integral part
in tourism development and diversification, and is an important means of
achieving a fairer distribution of the sector.



1

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; t
he 12 000 km
2

in
-
land delta is home to over 120 species of
mammals, 500 birds, over 600 herbs and 195 woody plants an
d 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 cr
ossing the Caprivi Strip of Namibia into Botswana.
Like very few other large rivers, t
he 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


2

Th
e 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
1
5 000 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 (
B
udget
S
peech 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, n
atural 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 r
esource 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
l
ocal 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)
t
he 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 st
ill 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 u
ses


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 t
he 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.



3

1.2.2

Platforms for coordina
tion 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, p
latforms for this coordin
ation 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 proble
ms 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 chal
lenge 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 framework
s 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 challen
ge 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 ecosy
stem 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

4

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 D
epartment 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 foste
ring 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) pl
ays 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 diversit
y 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, integrat
ed
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
ens
ure 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 oversig
ht of
different agencies, and these include,
Policy, Planning and Strategy



including project
management, co
-
ordination, integration, technical assistance: National Conservation

5

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 Tour
ism 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 princi
ples 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’
a
nd the
‘Development of a common vision for Okavango Delta Ramsar Site”.
T
he 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 Incept
ion
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 inappropria
te 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 la
rge 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 veld
t 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.


6



Proximity of live
stock 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 O
kavango 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 foun
dational 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 environme
nt 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
stakeholder
s. 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 developm
ent 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 l
and issues, with land conflicts increasing between different
forms of land use and between urban and rur
al 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 t
o 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 bear
ing 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 c
ommon 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)
.




7

1.6

Approach and methodology


The re
view 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 r
eview 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 t
hen 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 p
arallel 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 pu
rpose 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
ident
ified.


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 poli
cy 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 inc
ludes 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


Th
e 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;


8

3.

R
ecognition 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 col
laboration 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 an
d 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 ot
her 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 spatia
l 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, inc
luding
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 “
for
mulate 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 territor
y.”


Wise use of wetlands has been defined as “their sustainable utilization for th
e benefit of mankind in a
way compatible with the maintenance of the natural properties of the ecosystem.”


9

2.0

INTERNATIONAL CONVENTIONS AND REGIONAL PROTOCOLS


2.1

Intr
oduction


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 focu
s 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 sanit
ation. 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 resp
ectively.


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 Intern
ational 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 Wate
rcourse 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 Di
sposal (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
manage
ment in Botswana.


10



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 wi
se use of
wetlands and their resources a
s 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 th
e 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 establishin
g 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 Con
tracting 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 ODM
P 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
shiftin
g 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.




11

2.2.2

UN Framework Convention for Climate Change (UNFCCC)


The UNFC
CC, which entered into force on 21
st

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 mini
mise the adverse environmental impacts.


A
ll 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 an
d, 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 Protoco
l;

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 pub
lic 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 t
he
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 environmen
tal
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 co
nservation and
sustainable use of biological diversity. Botswana has prepared a BSAP; and


12



Integrate the conservation and sustainable use of biological diversity into relevant
sectoral plans, programmes, and policies.


Box
3
:
Key area
s 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 fo
r 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 pr
otected
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;

Facilitie
s 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 habi
tats 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
maki
ng

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 req
uirements

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 propos
ed 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 Tra
de 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 restrict
ions:



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);


13



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:



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 de
sertification 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 dro
ught;



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 desertifica
tion 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 effec
ts 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




Fauna


Appendix 1:
Global trade
ban

Appendix 1: Global trade ban

Pangol
in, 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 o
wls, all tortoises,
pythons

Appendix III:
No trade
from
Botswana

Appendix III: No trade from Botswana

Jackal, African civet, Aardwolf,
Honey badger



14

facilitates the part
icipation 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 droug
ht, 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 grou
ps, 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 ir
rigation 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 l
aw 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 cour
ses.
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 transbounda
ry 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 ex
port shall not allow the generator of hazardous wastes or other

15

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 appro
priate
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 infor
m, 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 sustaina
ble 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 environ
ment, 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 f
acilitate 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 o
f 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 explicitl
y 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 wa
ter and finally the availability of alternative of
comparable value to a particular planned or existing use (art. 3.8).


16


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