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Research Report

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

Pamela T Sambo
Caroline Haywood
D Andrew Wardell
Robert Kibugi
Marie-Claire Cordonier Segger
Copyright Date: Jan. 1, 2015
Pages: 80
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Table of Contents

  1. (pp. 1-6)

    Zambia has a population of 14.08 million and a total land area of 752,614 km² (Aregheore 2009; World Bank 2014a). It is a country with abundant natural resources, including forests, arable land, water and minerals. It has approximately 49.9 million hectares (ha) of forests, which cover approximately 60% of the country (ROZ FD et al. 2008, xiv). Almost half (47%) of its total land mass has the potential to be arable land, of which only 15% is currently under cultivation (Aregheore 2009; Deininger et al. 2011). Water resources are abundant, including hydropower potential of approximately 6000 megawatts (MW), of which...

  2. (pp. 7-9)

    Sustainability is a key element within Zambia’s governance structure, defined to include Zambia’s supreme law, the constitution and Zambia’s long-term development strategy, Vision 2030. The constitution explicitly outlines the importance of balancing the need to attract investments to develop Zambia with the need to ensure their environmental and social sustainability (Constitution of Zambia 1996, art 112). Vision 2030 includes sustainable development among its seven basic principles (ROZ 2006, 2). In addition, Zambia’s policy engagement with the issue of climate change, as a particular long-term development challenge, contributes to Zambia’s policy direction on sustainable development. Zambia has identified climate change as...

  3. (pp. 10-51)

    Lack of sustainable incentives in the legal framework, insecurity of customary land tenure, weak enforcement of environmental and social safeguards and low public participation and awareness are the four common challenges to sustainable land-use investments in the forestry, energy, agriculture and forestry sectors. They form a key barrier to the equitable distribution of benefits and wealth from investments in Zambia and the development of Zambia into a climate-resilient country. These challenges are particularly relevant to the legal framework, the institutional structure and to their effective implementation. Key findings are therefore focused on improvements to the legal frameworks, to attract sustainable...

  4. (pp. 52-53)

    Legal and institutional frameworks can have a strong impact on investments in land use. In particular, this research demonstrates that laws, policies and institutions can have a very notable effect on whether investments entering Zambia are sustainable, in that they create jobs, wealth and benefits for the socioeconomic development of the country and support the growth of a green economy. Overall, Zambia could benefit from a number of legal reforms to improve the effectiveness of its legal and institutional frameworks to effectively attract and regulate sustainable investments. Rule of law considerations, such as equity, good governance and citizen engagement have...