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Research Report

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

M Cecilia G Dalupan
Caroline Haywood
D Andrew Wardell
Marie-Claire Cordonnier-Segger
Robert Kibugi
Copyright Date: Jan. 1, 2015
Pages: 50
OPEN ACCESS
https://www.jstor.org/stable/resrep02251
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Table of Contents

  1. (pp. 1-2)

    Global demand for resource-based products is on the rise. Primary energy consumption grew by almost 30% in the first decade of this century and is estimated to increase at a similar rate by 2035 (OECD and IEA 2012). The demand for copper has more than tripled since the 1980s due to its widespread use in industrial and consumer products (ICSG 2013). In developing countries, forest plantations expanded by more than 50% between 1990 and 2010 (World Rainforest Movement 2012; Castrén et al. 2014). About 4.1 million ha were available annually for large-scale farming from 1961 to 2007, with investment deals...

  2. (pp. 3-4)

    The assessment reports for Tanzania, Zambia and Mozambique examined their legal frameworks for land-use investments in the forestry, agriculture, mining and energy sectors. Suggest citing the three other CIFOR-IDLO publications here. Key research questions centered around whether and to what extent these frameworks encourage or inhibit sustainable investments.

    While there is no established definition of “sustainable investments”, relevant international standards suggest that these integrate socioeconomic and environmental concerns, bound together by the rule of law. The elements of a sustainable investment, as illustrated in Figure 1 and further discussed in Annex B, can provide the enabling conditions for sustainable development,...

  3. (pp. 5-6)

    Natural resources in Zambia, Tanzania and Mozambique, like most countries across the globe, are owned by the State. An overview of key statistics and challenges relating to their resource sectors provides the context for analyzing their governance frameworks for land-use investments.

    Despite these countries’ wealth in natural resources, poverty and resource degradation persist. A quarter or less of their populations have access to electricity, while the rest remain heavily dependent on charcoal and firewood for cooking, the burning of which is linked to health issues (Legros et al. 2009). Other serious concerns include: deforestation, forest fires, unsustainable agricultural methods, poor...

  4. (pp. 7-29)

    The legal assessment reports identified four common barriers (Figure 3) that prevent investments in the forestry, agriculture, mining and energy sectors from creating long-term, equitable value for local peoples and the country.

    The following sections discuss underlying issues that cause or contribute to these barriers, including gaps or inconsistencies in laws and regulations and limited enforcement capacities. These will also highlight areas where appropriate measures may be, or are being, taken to reduce or eliminate these barriers.

    The legal assessment reports revealed that a major challenge to sustainable investments is the lack of an effective incentive framework across the different...

  5. (pp. 30-32)

    Legal frameworks for sustainable investments require the institutionalization and effective enforcement of socioeconomic and environmental safeguards. In examining the legal frameworks of Zambia, Tanzania and Mozambique with respect to land-use investments in the four resource sectors, it is clear that they have taken significant steps in this direction.

    In all three countries, their constitutions and national development plans espouse principles of sustainability. They have developed national strategies on climate change and corresponding governance mechanisms. Decentralization of government functions to improve service delivery and local participation is a common policy objective. Crosscutting environmental legislation and sector-specific laws recognize EIAs as a...

  6. (pp. 33-33)

    Sustainable landscapes governance requires multilevel arrangements that integrate the different functions and interests in land around the rights and concerns of affected communities. The effectiveness of these arrangements depends on balancing divergent and often competing land uses and development perspectives at the community, local, national and even international levels.

    Certain themes recur throughout this report that illustrate many of the key challenges sought to be addressed by sustainable landscapes governance. These challenges include the multifunctional nature of landscapes with overlapping and competing interests, the centralized nature of decision-making authority over land use and investment priorities and the preference for large-scale...