FIINNAALL RREEPPOORRTT - UNDP...TABLE 4: SOME OF THE ORGANISATIONS WORKING IN THE SHIRE RIVER BASIN.....16 FINAL DRAFT REPORT/JUNE 2013. REVIEW OF POLICIES, LEGISLATION AND INSTITUTIONAL

POLICY SECTOR REVIEW FOR INCORPORATING

SUSTAINABLE LAND MANAGEMENT IN

THE SHIRE RIVER BASIN

AND DEVELOPMENT OF AN

INSTITUTIONAL FRAMEWORK FOR SUSTAINABLE

LAND MANAGEMENT

FFIINNAALL RREEPPOORRTT

Prepared by

Stephen Nanthambwe

Environment and Land Management Consultants

12/358 Umodzi Street

Lilongwe

[email protected]

Submitted to

ENVIRONMENTAL AFFAIRS DEPARTMENT,

MINISTRY OF ENVIRONMENT AND CLIMATE CHANGE

MANAGEMENT

MALAWI

Prepared with the Support from Global Environmental Facility

/ United Nations Development Programme.

June 2013, Lilongwe

mailto:[email protected]

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FINAL DRAFT REPORT/JUNE 2013. REVIEW OF POLICIES, LEGISLATION AND INSTITUTIONAL ARRANGEMENTS FOR SLM i

TABLE OF CONTENTS

TABLE OF CONTENTS ........................................................................................................................... I

LIST OF BOXES ............................................................................................................................................ III

LIST OF FIGURES ......................................................................................................................................... III

LIST OF TABLES .......................................................................................................................................... III

ACKNOWLEDGEMENTS .................................................................................................................... IV

ACRONYMS AND ABBREVIATIONS ................................................................................................. V

EXECUTIVE SUMMARY .................................................................................................................. VIII

CHAPTER ONE:INTRODUCTION ........................................................................................................1

1.1 SUSTAINABLE LAND MANAGEMENT: BASIC CONCEPTS ...............................................................1

1.2 BACKGROUND TO THE STUDY .......................................................................................................2

1.3 AIM AND OBJECTIVES OF THE STUDY ...........................................................................................3

1.4 RATIONALE ...................................................................................................................................3

1.5 METHODOLOGY .............................................................................................................................4

1.6 REPORT ORGANISATION ................................................................................................................4

CHAPTER TWO:SUSTAINABLE LAND MANAGEMENT IN THE BASIN ...................................5

2.1 DRIVERS OF LAND DEGRADATION .................................................................................................5

2.1.1 Economic policies .........................................................................................................................5

2.1.2 Population growth and migration .................................................................................................5

2.1.3 Poverty ..........................................................................................................................................6

2.1.4 Land tenure systems ......................................................................................................................7

2.1.5 Community-level institutions .........................................................................................................8

2.1.6 Urbanisation and infrastructural development .............................................................................8

2.1.7 Climate change and variability .....................................................................................................9

2.2 PRESSURES ON THE ENVIRONMENT .............................................................................................10

2.3 CURRENT STATE OF ENVIRONMENT IN THE SHIRE RIVER BASIN ...............................................11

2.4 IMPACTS OF UNSUSTAINABLE LAND USE PRACTICES ..................................................................14

2.5 SUSTAINABLE LAND MANAGEMENT INITIATIVES IN MALAWI AND IN THE BASIN ....................15

2.6 POTENTIAL PARTNERS AND THEIR ENGAGEMENT IN THE IMPLEMENTATION OF SLM...............17

2.7 PRINCIPLES AND APPROACHES TO ENSURE COMPLIANCE WITH SLM .......................................18

2.7.1 Land- User Driven and Participatory Approach ........................................................................18

2.7.2 Integrated, Catchment -Based Natural Resources Use ...............................................................18

2.7.3 Multi-stakeholder involvement ....................................................................................................19

2.7.4 Targeted Policy and Institutional Support ..................................................................................19

CHAPTER THREE:POLICIES RELATING TO SUSTAINABLE LAND MANAGEMENT ........20

3.1 INTERNATIONAL ENVIRONMENTAL GOVERNANCE .....................................................................20

3.1.1 Multlateral Environmental Agreements ......................................................................................20

3.1.2 Instruments at Africa Region Level .............................................................................................21

3.1.3 Southern Africa Development Community Sub-Regional Policies and Protocols ......................22

3.2 NATIONAL ENVIRONMENTAL GOVERNANCE ..............................................................................23

3.2.1 The Constitution of the Republic of Malawi ...............................................................................23

3.2.2 Malawi Vision 2020 ....................................................................................................................24

3.2.3 Malawi Growth and Development Strategy II ............................................................................24

3.3 NATIONAL AND SECTOR POLICY ENVIRONMENT IN SUPPORT OF SLM ......................................25

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FINAL DRAFT REPORT/JUNE 2013. REVIEW OF POLICIES, LEGISLATION AND INSTITUTIONAL ARRANGEMENTS FOR SLM ii

3.3.1 National Environmental Policy (NEP) ........................................................................................25

3.3.2 Water Sector ................................................................................................................................26

3.3.3 Forestry, Wildlife and Energy Sectors ........................................................................................26

3.4 POLICIES AND LEGISLATIONS ON BUSH FIRE CONTROL .............................................................29

3.4.1 Land and Agriculture Sectors .....................................................................................................29

3.4.2 Irrigation Sector ..........................................................................................................................33

3.4.3 Construction and planning ..........................................................................................................34

3.4.4 Mining Sector ..............................................................................................................................35

3.4.5 Local Governance and Administration .......................................................................................36

3.5 DONOR COOPERATION FRAMEWORKS IN SUPPORT OF SLM ......................................................37

3.5.1 United Nations Development Assistance Framework in Malawi ................................................37

3.5.2 FAO Malawi Country Programme Framework (CPF) ...............................................................38

3.5.3 British Department for International Development (DfID) ........................................................39

3.5.4 The World Bank Country Assistance Strategy ............................................................................39

3.5.5 Japanese International Cooperation Agency (JICA) ..................................................................39

3.5.6 The Royal Norwegian Embassy Development Cooperation .......................................................40

3.6 POLICY GAPS, CONFLICTS AND COMPLEMENTARITIES ..............................................................40

CHAPTER FOUR: LEGAL AND REGULATORY FRAMEWORK ................................................42

4.1 THE ENVIRONMENT MANAGEMENT ACT ....................................................................................42

4.2 AGRICULTURAL LAND USE AND MANAGEMENT ........................................................................42

4.3 LAND RELATED LAWS ................................................................................................................43

4.3.1 The Forest Act .............................................................................................................................44

4.3.2 The Mines and Minerals Act ........................................................................................................45

4.4.3 Other Relevant Laws ...................................................................................................................45

4.4.3.1 National Water Resources Act, 2013 ..........................................................................................45

4.4.3.2 National Parks and Wildlife (Amendment) Act, 2004 ................................................................45

4.4.3.3 Irrigation Act, 2001 .....................................................................................................................45

4.4.3.4 The local Government Act ..........................................................................................................46

4.5 GAPS, CONFLICTS AND COMPLIMENTARITIES WITHIN LEGISLATIONS .......................................46

4.6 IMPACT OF CURRENT POLICIES AND LEGISLATIONS ON COMMUNITIES .....................................47

4.7 ENVIRONMENTAL SUSTAINABILITY PRINCIPLES ........................................................................48

CHAPTER FIVE: INSTITUTIONAL ARRANGEMENTS AND COORDINATION .....................49

5.1 PUBLIC SECTOR INSTITUTIONS ....................................................................................................49

5.1.1 National level ..............................................................................................................................49

5.1.2 District level ................................................................................................................................50

5.1.3 Local/ Community level ..............................................................................................................52

5.2 PRIVATE SECTOR INSTITUTIONS ..................................................................................................53

5.3 NON-GOVERNMENTAL ORGANISATIONS ....................................................................................54

5.4 LOCAL LEADERS ..........................................................................................................................54

5.5 CAPACITY GAPS ...........................................................................................................................55

5.5.1 Human resources ........................................................................................................................55

5.5.2 Skills and expertise ......................................................................................................................56

5.5.3 Technology ..................................................................................................................................56

5.5.4 Facilities and equipment .............................................................................................................57

5.6.5 Financial resources .....................................................................................................................57

5.7 PREQUISITES FOR COORDINATED BASIN MANAGEMENT .............................................................58

5.7.1 Programmatic Approach ............................................................................................................58

5.7.2 Institutional Arrangements .........................................................................................................59

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FINAL DRAFT REPORT/JUNE 2013. REVIEW OF POLICIES, LEGISLATION AND INSTITUTIONAL ARRANGEMENTS FOR SLM iii

CHAPTER SIX: CONCLUSIONS AND RECOMMENDATIONS ....................................................61

6.1 POLICIES ......................................................................................................................................61

6.2 REGULATORY FRAMEWORK AND ENFORCEMENT MECHANISMS ...............................................64

6.3 INSTITUTIONAL ARRANGEMENTS ...............................................................................................65

6.3.1 National level ..............................................................................................................................65

6.3.2 District Level ...............................................................................................................................66

6.3.3 Shire River Basin Level – Shire River Basin Management Authority .........................................67

6.4 PRINCIPLES AND APPROACHES FOR ENHANCED SLM ADOPTION ..............................................68

6.4.1 Incetives for Sustainable Land Management ..............................................................................68

6.4.2 Economic and social issues .........................................................................................................69

6.4.3 Programmatic Approach .............................................................................................................70

REFERENCES .........................................................................................................................................71

ANNEX A: TERMS OF REFERENCE ............................................................................................................74

ANNEX B: NAMES OF INSTITUTIONS CONSULTED ....................................................................................78

ANNEX C:NAMES OF INDIVIDUALS CONSULTED ......................................................................................80

ANNEX D: PARTICIPANTS AT THE JOINT POLICY REVIEW AND GREEN WATER CREDIT STAKEHOLDERS

VALIDATION WORKSHOP ...........................................................................................................................83

ANNEX E: SLM RELEVANT PROVISIONS IN THE NEW LAND-RELATED BILLS AND AMENDMENTS ........84

ANNEX F: ENVIRONMENTAL PRINCIPLES FOR GUIDING SECTOR POLICIES ............................................86

List of Boxes

BOX 1: SUB-REGIONAL PROTOCOLS ...........................................................................................................22

List of Figures

FIGURE 1: OPEN LANDSCAPES SOUTH OF BLANTYRE .................................................................................10

FIGURE 2: WEED REMOVAL SITE AT NKULA; INSET: FLOATING WATER WEEDS ........................................10

FIGURE 3: LIME AND QUARRY STONE SELLING POINT IN NENO DISTRICT .................................................11

FIGURE 4: WILDLIFE TRAPPING APPLIANCE FOR BIG GAME .......................................................................12

FIGURE 5: MWANZA RIVER LADEN WITH SILT SLUGGISHLY FLOWING TOWARDS THE SHIRE ....................13

FIGURE 6: ONE OF THE PRINCIPAL ROADS LEADING TO NENO BOMA ........................................................51

FIGURE 7: A SILT DREDGER ON THE BANKS OF THE SHIRE RIVER AT NKULA ............................................53

List of Tables

TABLE 1: SUMMARY ASSESSMENT OF POLICY FRAMEWORK..................................................................... xi

TABLE 2: SCOPE OF LEGISLATION REVIEW REQUIRED .................................................................................. i

TABLE 3: EXAMPLES OF RESOURCE-CONSERVING TECHNOLOGIES PRACTISED IN MALAWI ......................15

TABLE 4: SOME OF THE ORGANISATIONS WORKING IN THE SHIRE RIVER BASIN .......................................16

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FINAL DRAFT REPORT/JUNE 2013. REVIEW OF POLICIES, LEGISLATION AND INSTITUTIONAL ARRANGEMENTS FOR SLM iv

ACKNOWLEDGEMENTS

This study was commissioned by the Environmental Affairs Department of the Ministry of

Environment and Climate Change Management with the support of the Global Environmental

Facility through the United Nations Development Programme under the Private Public Sector

Partnership Project on Sustainable Land Management (SLM) Project in the Shire River Basin. It

contributes to one of the four key outcomes; “Policy and institutional arrangement for basin-

wide SLM, including preparatory work for the establishment of the River Shire Development

Authority”.

The author would like to thank all those who were consulted during the course of the assignment

through interviews or participation in meetings and workshops. Specifically the author would

like to convey his sincere and profound appreciation to the participants of the validation

workshop that reviewed the report and provided valuable comments. The author also wishes to

acknowledge the technical guidance and comments provided by Mr. Jan Rijpma the UNDP

Assistant Resident Representative (Environment, Energy and Climate Change), Dr. Henry

Sibande the UNDP SLM Advisor, Mrs. Etta Mmangisa the UNDP Programme Analyst, Mr.

Mwanyongo the Assistant Director (Policy) at the Environmental Affairs Department and Mr

Amon Kabuli, the Project Manager for the SLM project.

The contribution of Mr. Elton Laisi of the Centre for Development Research and Information in

Southern Africa (CEDRISA) who assisted in the consultations and in various aspects of this

study is sincerely acknowledged.

The financial support of the GEF/UNDP is gratefully acknowledged.

The opinions and facts presented in this report are those of the author and should not be taken to

represent the views of the Ministry of Environment and Climate Change Management or the

Global Environmental Facility or the United Nations Development Programme.

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FINAL DRAFT REPORT/JUNE 2013. REVIEW OF POLICIES, LEGISLATION AND INSTITUTIONAL ARRANGEMENTS FOR SLM v

ACRONYMS AND ABBREVIATIONS

ADRA Adventist Relief Agency

ADC Area Developmet Committee

ADD Agricultural Development Division

AEC Area Executive Committee

AIDS Acquired Immuno-deficiency Syndrome

APEIN Action Plan of the Environmental Initiative of NEPAD

ARET Agriculture Research and Extension Trust

ASWAp Agriculture Sector Wide Approach

BWB Blantyre Water Board

CA Conservation Agriculture

CAADP Comprehensive African Agricultural Development Programme

CBO Community-Based Organisation

CCAP Church of Central Africa Presbyterian

CDM Clean Development Mechanism

CEPA Centre for Environmental Policy and Advocacy

CONGOMA Council for Non-Governmental Organisations of Malawi

COP Country Operational Plan

COVAMS Community Vitalisation and Afforestation in the Middle Shire

CPF Country Programme Framework

CSC Christian Service Committee

CURE Coordination Union for the Rehabilitation of the Environment

DARTS Department of Agriculture Research and Technical Services

DC District Council

DEC District Executive Committee

DfID Department for International Development

DLRCD Department of Land Resources Conservation

EAD Environmental Affairs Department

EAM Evangelical Association of Malawi

EIA Environmental Impact Assessment

EMA Environment Management Act

ENRM Environment and Natural Resources Management

EPA Extension Planning Area

ESCOM Electricity Supply Corporation of Malawi

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FINAL DRAFT REPORT/JUNE 2013. REVIEW OF POLICIES, LEGISLATION AND INSTITUTIONAL ARRANGEMENTS FOR SLM vi

ESCF Environmental Sustainability Creteria Framework

FAO Food and Agriculture Organisation

FGLPA Framework and Guidelines on Land Policy in Africa

FISP Farm Inputs Subsidy Programme

GBI Green Belt Initiative

GDP Gross Domestic Product

GEF Global Environment Facility

GVH Group Village Head

HIV Human Immuno-deficiency Virus

JICA Japanese International Cooperation Agency

MCA Millennium Challenge Account

MCC Millennium Challenge Corporation

MDGs Millennium Development Goals

MEAs Multilateral Environmental Agreements

MGDS Malawi Growth and Development Strategy

MIRTDC Malawi Industrial Research and Technology Development Centre

MoAFS Ministry of Agriculture and Food Security

NAPA National Adaptation Programme of Action

NARS National Agricultural Research System

NEP National Environmental Policy

NEPAD New Partnership for Africa’s Development

NGO Non-Governmental Organisation

NICE National Initiative for Civic Education

NRM Natural Resources Management

PES Payment for Ecosystem Services

REDD Reduced Emissions from Deforestation and Forest Degradation

RISDP Regional Indicative Strategic Development Plan

SADC Southern African Development Community

SLM Sustainable Land Management

SRBMP Shire River Basin Management Project

SUCOMA Sugar Corporation of Malawi

TA Traditional Authority

UNCBD United Nations Convention on Biological Diversity

UNCCD United Nations Convention to Combat Desertification

UNDP United Nations Development Programme

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FINAL DRAFT REPORT/JUNE 2013. REVIEW OF POLICIES, LEGISLATION AND INSTITUTIONAL ARRANGEMENTS FOR SLM vii

UNDAF United Nations Development Assistance Framework

UNEP United Nations Environment Programme

UNFCCC United Nations Framework Convention on Climate Change

USAID United States Agency for International Development

VDC Village Development Committee

VNRMC Village Natural Resources Management Committee

WB World Bank

WESM Wildlife and Environmental Society of Malawi

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FINAL DRAFT REPORT/JUNE 2013. REVIEW OF POLICIES, LEGISLATION AND INSTITUTIONAL ARRANGEMENTS FOR SLM viii

EXECUTIVE SUMMARY

Introduction and Background

The main objective of sustainable land management (SLM) initiatives in the Shire River Basin is

to integrate people’s coexistence with nature over the long-term, so that the provisioning,

regulating, cultural and supporting services of this economically important ecosystem are

ensured. In so doing the activities must focus on increasing productivity of the Shire River Basin

while adapting to the socio-economic context of the natural resources dependent communities,

improving resilience to environmental variability, including climate change and at the same time

preventing degradation of natural resources.

This review was initiated by the Environmental Affairs Department (EAD) with the assistance

from the Global Environmental Facility (GEF) through the United Nations Development

Programme (UNDP) in order to examine and review policies, legislations and institutional

arrangements on natural resources in order to address the conflicts between and to seek

opportunities for complementarities that should guide implementation of the SLM in the Shire

River Basin.

Specifically this study has evaluated current policies, legislations and institutional arrangements

that are relevant to SLM by highlighting the relevance, weaknesses and conflicts in the current

policies, legislations and institutional arrangements. These included international instruments,

national development planning frameworks, national and institutional policies on environment,

land, water, forestry, wildlife, agriculture and many others including their relevant support legal

instruments.

As a way of background the study emphasises the importance of Shire River Basin to the social

development of the country. The basin is home to approximately 5.5 million people the majority

of which live in the rural areas depending on the natural resource base for their livelihoods. Both

government and the private sector have invested a lot of resources in the basin for social and

economic development and growth and among the major investment portfolios are the Kamuzu

Barrage at Liwonde, constructed in 1965 to regulate the flow of the Shire River; the Walkers

Ferry near Nkula by the Blantyre Water Board from where much of the water supply for the city

of Blantyre and its conurbations is abstracted; the Nkula A and B, Tedzani and Kapichira

Hydro-electric power stations by the Electricity Supply Corporation of Malawi (ESCOM) from

where almost 98 per cent of the country’s hydroelectric power is generated (Malawi

Government, 2010); the Illovo Sugar cane plantations in the Lower Shire by the Illovo Group

which is one of the largest sugar cane plantations in the country. Other numerous agricultural

and non-agricultural projects also exist in the basin.

It gives the current environmental status of the basin and presents the various factors that

contribute to the current state and the responses by government, NGO, private sector institutions

and the cooperating partners in terms of environmental management initiatives in the basin.

Principles

As an overarching principle for sustainable natural resource management the study notes that

recognition for integenerational equity by ensuring that the present use does not compromise the

ability of the future generations to meet their demands is critical. In this regard, any policy and

law should be informed by adequate evidence based knowledge on the available options. Key to

this is to ensure that any resource is put to the use for which it is most suited which entails

proper land use planning and appropriate policy research. The report also emphasises the

importance of considering the environmental sustainability creteria in policy and programme

formulation.

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FINAL DRAFT REPORT/JUNE 2013. REVIEW OF POLICIES, LEGISLATION AND INSTITUTIONAL ARRANGEMENTS FOR SLM ix

Policies

Malawi is a signatory to a number of international conventions that have a bearing on SLM.

Chief among them are the three major Rio Conventions: the United Nations Framework

Convention on Climate Change (UNFCCC), United Nations Convention on Combating

Desertification (UNCCD) and United Nations Convention on Biological Diversity (UNCBD).

SLM, although not specifically mentioned in these instruments, is critical in achieving the

aspirations of all these conventions. Malawi has developed national strategies to guide the

implementation of theses conventions such as the National Adaptation Programme of Action

(NAPA) under the UNFCCC, the National Action Plan to Combat Desertification under the

UNCCD and the National Biodiversity Strategy and Action Plan under the UNCBD. At

continental and sub-regional level there are a number of instruments that support SLM and the

study has reviewed some of them and made recommendations to enhance their contribution to

Malawi’s endeavours in promoting SLM.

At national level: the Malawi Constitution,, Vision 2020 and the MGDS all entrench principles

of sustainable development that guide the development of other national and sectoral policies.

The level at which different policies support SLM principles vary and the study has identified a

number of areas that need review as detailed in Table 1 below. The fact that there are many

policies on Natural Resources Management (NRM) in different sectors does not in itself

represent conflict or overlap of policies and sectoral mandates, they sometime complement each

other in ensuring that all aspects of NRM are covered holistically. Gaps do exist in terms of

inadequaency in addressing some emerging issues but the major challenges include lack of

implementation capacity, absence of implementation frameworks and weak and under-resourced

extension and enforcement systems. These gaps are also as a result of existence of old policies

and absence of a National Land Use Planning Policy that is key in ensuring planning and

management controls.

The policy conflicts at implementation level arise from interpretation problems, unclarity of

some policies and land users’ own innovations. The Water Resources Policy is clear on the issue

of riverbank cultivation for example, but gives limitations in terms of meters above sea level and

flood levels which are difficult to measure and enforce. On the other hand the Land Resources

Management Policy and Strategy is completely silent on the issue although the Ministry of

Agriculture through its Land Resources Conservation Department is very vocal on riverbank

protection while the Customary Land Act as indicated below gives different limitations.

Different Donor policies proclaim alignment to national development agenda and support to

environment and natural resources management (ENRM) in general and SLM in particular but

this does not always translate into increased funding to ENRM sectors. While different donors

are aware of the importance programatic approach in support of government’s priorities, most of

the SLM initiatives in the country and in the Shire River Basin are project based whose

sustainability may be questionable.

The study commends private sector participation in ENRM activities guided by their individual

corparate responsibility policies which are voluntary and makes recommendation to enhance the

impact of this contribution by coordinating the efforts under a deleberate government policy that

mandates all private sector institutions to contribute towards ENRM initiatives.

Legal Framework

Besides the Constitution, the basis for ensuring environmental sustainability in sectoral laws the

Malawi Environmental Management Act of 1996 provides for the creation of regulations on

all aspects of environmental management so that gaps or inconsistencies in sectoral legislation

may be easily rectified. It creates a firm legal framework for environmental impact assessment

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FINAL DRAFT REPORT/JUNE 2013. REVIEW OF POLICIES, LEGISLATION AND INSTITUTIONAL ARRANGEMENTS FOR SLM x

(EIA) and environmental audit. Following this framework, national and sector specific EIA

Guidelines were developed and approved. These form the main instruments for ensuring

environmental, social and economic sustainability of interventions in all sectors. Although the

Act predates the National Environmental Policy of 2004, it still provides for the requisite

institutional mechanisms for environmental management and coordination in Malawi until a

revised bill that advocates for the creation of a National Environmental Protection Agency is

enacted.

The 2013 Water Resources Act provides the legal basis for the establishment of the River

Basin Management Authorities under the National Water Resources Authority to look at the

management of each river basin and sub basin. Institutionally this will improve the coordination

and management of various activities in the basins including the Shire River Basin. The newly

reviewed land related acts provide support to SLM adoption by providing specific land

management requirements. In particular the Land Act and the Customary Land Act give the

Minister and the Customary Land Committees the powers to ensure sustainable land

management by gazetting areas as control areas or by instituting management standards.

The Forestry Act, 1997 regulates management of trees and forests under customary and private

land as well as in protected areas and the Mines and Minerals Act Cap 61:01 of 1981

empowers the Department of Mines to create an orderly and environmental sustainable mining

industry. The National Parks and Wildlife (Amendment) Act, 2004 provides for the

declaration of protected areas of public land; national parks, wildlife reserves or nature

sanctuaries and creates the necessary governance and funding frameworks for their management

while the Irrigation Act of 2001 makes provisions for the sustainable development and

management of irrigation and for protection of the environment from irrigation related

degradation among other things. The Local Government Act (1998) supports implementation

of the Decentralization Policy by giving powers to the local authorities for planning and

development of the areas including ENRM under their jurisdictions. It devolves authority and

relocates capacities from the centre to the local assemblies and provides the legal basis for

establishment of community based organizations relevant for SLM; the Area Development

Committees, the Village Development Committees and the VNRMCs.

The review in general concludes that the legal framework is adequate to support SLM in Malawi

and blames lack of enforcement of existing laws as one of the main causes of environmental

degradation. However it makes recommendations on areas requiring some reviews and Table 2

below gives the nature and scope of legislation reviews required.

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FINAL DRAFT REPORT/JUNE 2013. REVIEW OF POLICIES, LEGISLATION AND INSTITUTIONAL ARRANGEMENTS FOR SLM xi

Table 1: Summary Assessment of Policy Framework

Policy Document Policy Coverage of Land Degradation / Sustainable Land Management Issues Recommendations

National Forestry

Policy 2006 Policy goal and strategies adequately covers aspects of land degradation and

sustainable land Management. Currently being revised

National Forestry

Policy of Malawi, 2013

(Draft)

Issues related to SLM, provides a framework for sustainable production and

conservation of wood resources, community participation provided

Aligned to 2002 National Land Policy, incorporates immerging issues; CDM, PES,

REDD+ as alternative funding mechanisms

Two out of nineteen policy priorities consider fire as a problem, not adequately

covered just like in the 2006 policy

To consider CDM, REDD+, PES, Green Water Credits

as providing incentives to resource users to invest in

SLM. Community centred approaches

Fire management to cut across all policy areas and the

role of local leaders and communities through

subcommittee of VNRMCs to be emphasized

National

Environmental Policy

2004

Umbrella policy adequately covers aspects of desertification/land degradation and

SLM

As a framework instrument, the NEP guides different lead agencies in so far as their

activities affect the environment and natural resources management

Lays the basis for sector environment impact assessments and environmental

management

Enactment of revised EMA

Enhancement of coordination and enforcement capacity

for EAD

National Energy Policy

2003

Puts emphasis on improving efficiency and effectiveness of the commercial energy

supply industries

High dependency on biomass energy as a major cause of deforestation not

emphasized- sustainable charcoal production not an option

Review the policy to reflect the continued important

contribution of biomass energy sources in line with the

Malawi Biomass Energy Strategy of 2009 whose

overall objective is to ensure a sustainable supply of

affordable wood fuels.

National Land

Resources

Management Policy

and Strategy 2000

Aimed at promoting diversified and sustainable use of land based resources both for

agriculture and other uses in order to avoid sectoral land use conflicts and ensure

sustainable socio-economic development

Covers aspects of desertification/land degradation and SLM

Too old; predates most important SLM relevant emerging issues

Revise the policy to incorporate issues on climate smart

agriculture, CA, PES, carbon sequestration from

agricultural land, green water credit, etc.

Clearly specify size and management practices of buffer

zone in harmony with the Water Policy and Customary

Land Act

Agricultural Extension:

Towards Pluralistic and

Demand-driven

Services in Malawi

2000

Demand driven not favouring NRM and SLM in most cases. The concept of “who

benefits pays” good but restricts the poor from demanding extension services.

To be reviewed to consider social benefits of

environmental management and the need for protecting

and managing “public goods”

National

Decentralization Policy

1998

Functions of the District Councils adequately covers environmental, forestry, land

resource utilization, natural resources, fisheries, water and community development

issues

Slow evolution process, apparent unwillingness of the centre to devolve functions to

Devolution of functions to local authorities should be

matched with shifting of capacity both human and

financial to local levels

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FINAL DRAFT REPORT/JUNE 2013. REVIEW OF POLICIES, LEGISLATION AND INSTITUTIONAL ARRANGEMENTS FOR SLM xii

the districts

National Irrigation

Policy and

Development Strategy

2011

Most progressive in terms of providing for environmental protection; catchment

management, fire control. Emphasizes EIAs to precede irrigation development

Review only necessary to include some of the emerging

issues such as green water credits, PES etc. Otherwise

policy is SLM compliant

National Fisheries and

Aquaculture Policy

2001

Its main thrust is conservation of fish stocks with the aim of maximizing sustainable

yield from the natural and man-made water bodies

Provides for involve riparian communities in the sustainable management of the

riverine environment, recognizes problems of soil erosion and siltation but does not

have strategies to address them.

To be reviewed to specifically include objectives of

SLM particularly around fishing villages, catchment

protection, etc.

Environmentally friendly fish methods such as use of

solar driers

Contribution to food and nutrition security

Policy Document on

Livestock in Malawi

2006

The policy advocates for a demand-driven pluralistic extension system.

Recognizes synergistic benefits of crops and livestock and limitation of available

grazing land

Promote observance of land carrying capacity and intensification systems

Policy to be reviewed to provide for integration of

livestock in CA systems,

Contribution to greenhouse gas emissions

National Wildlife

Policy 2000

Aims at ensuring proper conservation and management of the wildlife resources

Fire management addressed adequately

Private sector participation supported

Improve enforcement by providing adequate resources

Alternative income generating activities and incentives

for border zone communities to include PES, REDD+,

GWC, etc

National Land Policy

2002

Provides for improvement in security of land tenure

Improve public participation in land administration and decentralizes land

administration

Creates customary estates effectively making the whole Malawi subject to planning

and management controls

Greatly support SLM, reviews only to take on board

emerging issues

National Water

Resources Policy 2005

Aims to ensure sustainable management and utilization of water resources, promotes

integrated water resources management, catchment protection

It however delegates catchment protection and SLM to other sectors

Sets limits for cultivation around lakes and along riverbanks that are not easily

measurable and enforceable

Review to strengthen responsibility for catchment

protection and SLM

Harmonize with Customary Land Act, National Land

Resources Management Policy and Strategy and the

proposed Agricultural Land Use and Management Bill

on the issue of buffer zone for riverbank cultivation.

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FINAL DRAFT REPORT/JUNE 2013. REVIEW OF POLICIES, LEGISLATION AND INSTITUTIONAL ARRANGEMENTS FOR SLM i

Table 2: Scope of legislation review required

Principal Statutes Scope of work

Environment Management

Act, (EMA) 1996

The Act has been revised several times in line with the 2004 NEP but has not yet

been enacted

The Land Act, 2013

Customary Land Act 2013

Revised in line with the 2002 National Land Policy, enacted this year other areas

could already need review, otherwise let implementation inform areas for

amendments

Agricultural Land Use and

Management Act

Significant gap, need to formulate an Agricultural Land Use and Management

bill. Previous drafts never went through the necessary processes.

The Forest Act, 1997

Revise the Act to be in line the revised National Forestry Policy once approved.

Revisions to incorporate the basis for emerging issues such as PES, REDD+, etc.,

Fire management and control by local leaders and communities

The National Parks and

Wildlife Act, 2004

Align with SADC Wildlife Management and Enforcement Protocol, incorporate

issues relating to PES, REDD+, GWC for border zone communities

Water Resources Act 2013 No need for review yet, provides a good basis for GWC mechanism through

integrated water resources management (IWRM)

The Local Government Act,

1998

Revise the Act so that it is explicit on environmental issues and obligations

especially at District Assembly level

Mines and Minerals Act

1981

Revise in accordance with the 2013 Mines and Minerals Policy, EIA studies for

exploration and mining operations, environmental rehabilitation and sharing of

benefits from mining

Institutional Arrangements and Coordination

The institutional framework for delivery of environmental management in Malawi is well

articulated in the Strategy for the Decentralization of Environmental Management (Malawi

Government, 2001), SLM does not necessarily require different dedicated institutional

arrangement. However, problems of coordination at national level arise partly due to

formulation of parallel and project based coordination mechanisms that do not respect those

established by law and the weak institutional position of EAD. There are various government,

non-governmental and private sector institutions involved in ENRM including SLM who are

ordinarily supposed to be coordinated by EAD at national level, that coordination is not

adequate due to other constraints to the effect that there is very serious lack of intersectoral

planning and implementation of ENRM activities.

At district level, the coordination mechanism among various departments represented, the NGOs

and the private sector is very much functional and efficient through the District Executive

Committees and their subcommittees including that on environment. The problems at that level

include: lack of adequate well qualified personnel, inadequate and untimely funding, lack of

proper equipment for SLM promotion, insufficient means of mobility and poorly resourced

extension services.

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FINAL DRAFT REPORT/JUNE 2013. REVIEW OF POLICIES, LEGISLATION AND INSTITUTIONAL ARRANGEMENTS FOR SLM ii

Among the districts in the Shire River Basin there is no single coordination mechanism for basin

wide activities as they belong to different Agricultural Development Divisions (ADDs) whose

functions in a descentralized arrangement seem to duplicate that of the national headquarters.

This justifies the need for the establishment of the Shire River Basin Authority that will

coordinate activities by different players in all districts in the basin.

Shire River Basin Management Authority

Recognizing the various projects in the basin and that they have different timeframes, the study

recommends some inception activities towards the establishment of the Authority that will

benefit from inputs of the major initiatives such as the SLM project, Community Vitalisation

and Afforestation in the Middle Shire, the Shire River Basin Management Programme and the

Millennium Challenge Account – Malawi initiative. The inception activities will seek, among

other things, to:

Share information from the current study and other relevant information on the basin;

Introduce concepts of basin management and integrated water resource management

including the concepts of Payment for Ecosystem Services and Green Water Credits;

Discus issues within the basin and activities for the Shire River Basin Management

Authority to focus on;

Facilitate discussions on structure of the Authority, management and governance

framework, institutional roles and community involvement;

Create of awareness among riparian communities about the Authority and the various

interventions envisaged;

Facilitate inter-district coordination during the development process of the Authority; and,

Explore the role of the MCA’s proposed Trust Fund to see whether this facility can be

utilized to support the activities of the Authority in a sustainable way.

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FINAL DRAFT REPORT/JUNE 2013. REVIEW OF POLICIES, LEGISLATION AND INSTITUTIONAL ARRANGEMENTS FOR SLM 1

CHAPTER ONE: INTRODUCTION

1.1 Sustainable Land Management: Basic concepts

Land degradation, resulting from unsustainable land management practices, is a threat to the

social and economic development in Malawi, as well as to livelihoods of the majority of people

who directly depend on agricultural production. There is a potentially devastating downward

spiral of overexploitation and degradation, enhanced by the negative impacts of climate change.

This leads in turn to reduced availability of natural resources and declining productivity and

jeopardises food security and increases poverty. Sustainable land management (SLM) is a

system that helps to increase average productivity, reduces seasonal fluctuations in yields, and

underpins diversified production and improved incomes (TerrAfrica, 2009). TerrAfrica has

defined SLM as the adoption of land use systems that, through appropriate management

practices, enable land users to maximize the economic and social benefits from land while

maintaining or enhancing the ecological support functions of the land resources. Although as a

concept it can be considered as new, its basic elements are not as man has always known the

importance of ensuring sustainable land productivity.

SLM can be considered as simply about people looking after the land; for the present and for the

future generations. It might therefore involve foregoing present consumption for the benefit of

sustained future production. The main objective of SLM in the Shire River Basin is thus to

integrate people’s coexistence with nature over the long-term, so that the provisioning,

regulating, cultural and supporting services of this economically important ecosystem are

ensured. In so doing the activities must focus on increasing productivity of the Shire River Basin

while adapting to the socio-economic context of the natural resources dependent communities,

improving resilience to environmental variability, including climate change and at the same time

preventing degradation of natural resources.

The key economic, ecological and social consequences of land degradation in Malawi that

justify the need for SLM are detailed in the Economic Valuation of Sustainable Natural

Resources Use in Malawi (Gil Yaron, et al 2011) that states that the combined contribution of

forestry, fisheries and wildlife to the nation’s gross domestic product (GDP) is estimated at 12.8

per cent. It also concludes that Malawi loses the equivalent of about 5.3 per cent of GDP per

year through unsustainable natural resource use and that the discounted value of unsustainable

natural resource use over a decade, at 10 per cent discount rate, amounts to more than US$600

million.

Land degradation, defined simply as a decline in ecosystem goods and services from the land

results from climatic variations and human activities; its causes are multiple, interrelated and

complex. Land users – including farmers, extractive industries and others – make land-use

decisions according to their own objectives, production possibilities and constraints (i.e. farm-

level costs and benefits). It manifests itself in different ways on various land use types in the

basin: on cropland through soil erosion, soil fertility decline and loss of vegetation; on grazing

land through biological degradation, bush fires, increase of alien “undesirable” species, etc. and

on forest land through deforestation and forest degradation.

A common factor across Malawi and the Shire River Basin is the predominance of smallholder

subsistence farming on customary land tenure based on low inputs, poor conservation practices

and extensive system of livestock farming with its long record of concerns of associated

environmental sustainability. In the forest areas; encroachment of agriculture, tree cutting for

fuel wood and charcoal often in environmentally fragile areas are common practices.

While land use decisions are made at the private level, they entail important social

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consequences. In most cases the land users who make land management decisions incur only

part of the costs of bad land management decisions while society incurs the rest. The temporal

distribution of the costs and benefits of SLM also drives land degradation; costs tend to occur in

the short term and benefits in the long term (Global Mechanism, 2012). This tends to diminish

the attractiveness of implementing SLM because benefits occur in the future, while most costs

must be borne in the present. This becomes difficult in situations of extreme poverty where land

users are more concerned about immediate consumption needs.

Another problem is, while SLM typically generates benefits that go beyond the land in which

they are implemented, the land user does not receive any rents from his or her investment. For

example land users engaging in SLM in the upper reaches of Shire River basin may improve the

quality and quantity of water much to the benefit of water users downstream (e.g. ILLOVO

Sugar Irrigation, ESCOM hydropower generation, Blantyre Water Board and Southern Region

Water Board utilities)

1.2 Background to the Study

The Shire River Basin is the largest Water Resources Area in Malawi that covers 18,945 km2

and represents about 16 per cent of the country’s total geographical area. The basin is home to

approximately 5.5 million people the majority of which live in the rural areas depending on the

natural resource base for their livelihoods. Both government and the private sector have invested

a lot of resources in the basin for social and economic development and growth and among the

major investment portfolios are the Kamuzu Barrage at Liwonde, constructed in 1965 to regulate

the flow of the Shire River; the Walkers Ferry near Nkula by the Blantyre Water Board from

where much of the water supply for the city of Blantyre and its conurbations is abstracted; the

Nkula A and B, Tedzani and Kapichira Hydro-electric power stations by the Electricity Supply

Corporation of Malawi (ESCOM) from where almost 98 per cent of the country’s hydroelectric

power is generated (Malawi Government, 2010); the Illovo Sugar cane plantations in the Lower

Shire by the Illovo Group which is one of the largest sugar cane plantations in the country. Other

numerous agricultural and non-agricultural projects also exist in the basin.

In addition to initiatives being carried out by the government and the private sector, the Shire

River Basin is also an arena of diverse activities by other players particularly Non-

Governmental Organisation (NGOs) that are involved in projects that aim at improving people’s

livelihoods. In tandem with this drive international development agencies are also engaged in

similar activities that complement government’s efforts to improving the welfare of the people

within the basin.

The Shire River Basin is traversed by a dense network of river systems, the major ones being the

Nkasi, the Rivi Rivi, Lisungwi, Wankulumadzi, Likabula, Mwanza, Mwamphanzi, Thangadzi

East, Thangadzi West and others, some of which are been exploited for irrigation particularly in

the lower reach of the basin. In addition, the basin is also home to wildlife protected areas that

include, the Liwonde National Park, Lengwe National Park, Majete Game Reserve, and

important but fragile ecosystems such as the Elephant Marsh and Ndindi Marsh all of them

possessing very rich biodiversity of flora fauna.

Due to the extreme dependence on the natural resource base by the communities living in the

basin, the Shire River Basin is under intense environmental pressure that has translated into

severe land degradation in some parts such as in the upper reaches of the Linthipe River that

originates from the western slopes of the Zomba Massif near Chingale, upper Lisungwi, upper

Wankulumadzi and the Blantyre Escarpment. Although these are areas that have glared vividly

in terms of poor land use, much of the various micro-systems within the basin are equally under

threat from poor resource management. With the emergence of climate change the basin will

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experience further degradation which would not only impact adversely on the communities

therein but also on the overall social and economic development and growth of the country.

In recognising the impact that continued unsustainable land management practices would have

on the basin it is necessary to examine the synchronisation of policies as they relate to

sustainable land management (SLM) in view of the intense and diverse nature of activities being

carried out in this basin and the importance of the same in the social and economic development

of the country. The importance of policy and laws regulating natural resources management, the

institutional arrangements and roles of various actors in the basin in the adoption and up-scaling

SLM practices cannot be overemphasized.

This study is commissioned under the UNDP/GEF supported Private Public Sector Partnership

Project on Sustainable Land Management (SLM Project) in the Shire River Basin with the aim

of assessing the policy and institutional arrangements in support of SLM (see Terms of

Reference: Annex A).

1.3 Aim and Objectives of the Study

The main objective of the study is to examine and review the existing policies, legislations and

regulations on natural resources in order to address any shortcomings and to seek opportunities

for complementarities that should guide implementation of the SLM in the Shire River Basin.

While the geographic focus of the study is Shire River Basin, the policies, legislations and

regulations reviewed do affect implementation of SLM activities at national level and therefore

this study should be seen to contribute to national NRM policy discourse. The study has also

looked at draft policies and bills that are yet to be approved and has provided some insights as to

what value addition they will bring and the gaps they inherit.

The study further aims at reviewing the existing institutional arrangements in NRM and

provides recommendations for improvements in particular with regard to adoption and

coordination of SLM activities in the Shire River Basin. It makes recommendations on

principles and approaches that will ensure compliance with SLM principles and their

enforcement.

The issue of how the District Authority level deals with the challenges related to land and

natural resource management is critical; the relationships and interactions between District

authorities and Traditional Authorities, and the role of local and/or international NGOs will also

be brought into the analysis.

1.4 Rationale

The rationale of this study is to be a catalyst in developing a clear understanding of the status of

various relevant policies, legislations and regulations as they relate to the promotion and

adoption of SLM in Malawi in general and in the Shire River Basin in particular. In this regard,

this report is written with a view to assisting interested parties such as donor agencies, and the

UNDP in particular, and indeed others like World Bank, Food and Agriculture Organization

(FAO, Japanese International Cooperation Agency (JICA), Millennium Challenge Account

(MCA)-Malawi and others seeking to refocus their approaches by taking into consideration the

implications of the issues identified in this report in their support to sustainable land

management in the Shire River Basin. On the other hand, it is also felt that the Government of

Malawi will consider the study findings as useful in introducing policy and legislative reforms

that will promote SLM and provide incentives for its adoption and up scaling in the basin.

Involvement of private sector is crucial and this study provides the mechanism for enhancing its

involvement in SLM activities in Shire River Basin. The overall rationale is, therefore, to make

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a contribution to designing more efficient and effective support to the Malawi Government in

promoting SLM in the country.

1.5 Methodology

This study was conducted through extensive desk review on SLM literature including relevant

national and sectoral policies and legislations. A number of relevant international, regional and

sub-regional policies and programmes relevant to environment and land management were

reviewed considering the need for global coherence. The list of documents consulted can be

viewed in the reference section.

A number of stakeholder organizations and individuals were consulted with the aim soliciting

their ideas on the adequacy, relevance and complementarities of existing policies and laws in

supporting SLM activities in the country. The stakeholders included Government Departments,

Programmes, Cooperating partners, Civil Society Organizations and District Authorities for

Balaka, Blantyre, Mwanza and Neno Districts which are the four target districts for UNDP/GEF

SLM project. The institutions and individuals consulted are in Annexes B and C.

The literature review and stakeholder consultations were followed by the production of a Field

Report highlighting stakeholders’ views on the various aspects and some preliminary

impressions from the policy reviews. The stakeholder views and preliminary literature review

results were analysed and together with comments received from the client on the Field Report a

report was drafted. The draft report was circulated for comments and later presented at a

stakeholders’ consultative workshop that validated the report and provided valuable comments

for its finalization (see Annex D). Before the validation workshop, the draft report was also

presented at the Shire River Bain Donors Coordination meeting which provided some

comments.

1.6 Report Organisation

In this report, the introductory Chapter One gives important SLM concepts, a background for

the study, a synopsis of SLM related activities in Malawi, explanation of the aim and objectives

of the assignment, rationale of the study, methodology used to gather information and processes

leading to the finalization of the report and finally the structure of the report. Chapter Two

gives some indications of the state and extent of land degradation in Shire River Basin in

particular in the four project districts, discusses the drivers of land degradation and impacts of

unsustainable land use, SLM activities in the Basin and sustainability principles for SLM

interventions. Chapter Three provides a review of policies at international, regional, sub-

regional, national and sectoral levels in support of NRM and Chapter Four discusses issues

concerning legislations related to SLM. Chapter Five provides a review of the institutional

arrangements, coordination and roles, capacity issues at different levels and perquisites for

basin-wide SLM coordination. Chapter Six provides a concluding analysis of findings

emanating from the review process and recommendations for possible consideration. Detailed

recommendations are also provided under each relevant section in the report.

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CHAPTER TWO: SUSTAINABLE LAND MANAGEMENT IN THE BASIN

2.1 Drivers of land degradation

Land degradation in the Shire River Basin, like elsewhere in the country, occurs as a

consequence of several human decisions and actions as well as through natural processes. These

decisions, actions or processes are the driving forces which cause the gradual or rapid

deterioration of the natural environment which in turn impacts adversely on people especially in

rural areas who almost entirely depend on natural resources for their survival. Some of the

driving forces have to do with macroeconomic policies of the country, population growth and

migration, poverty, the nature of the land tenure systems, arrangement and functional

responsibilities and duties of community-level institutions, urbanisation and infrastructural

development and climate change and variability (Agyemang, I., 2012).

Drivers of environmental change within the Shire River Basin ought not necessarily be regarded

as causing natural resources degradation on their own but rather through a complex set of

interactions within various micro and sub-basins. They can be anthropogenic, natural or both

taking place at different or the same time.

2.1.1 Economic policies

Economic policies as they determine the broad and general aspects of Malawi’s economy, ie, the

relationship between the income and investment of the country as a whole have a huge bearing

on the environment in general. For example a relationship can be drawn between inflation and

the environment; inflation exerts pressure on the environment by reducing real value of

government expenditure earmarked for rehabilitation of the environment, and decreasing the real

value of user and pollution charges (Malawi Government, 2010a). It also increases expenditure

on food production and increases in forestry and fisheries harvesting so as to offset the effects of

inflation on real household incomes. In addition the resultant increases in prices of housing,

water, electricity and gas may encourage unsustainable practices such as increasing firewood

and charcoal demands.

Inflation worsens the position of the poor, both urban and poor whose incomes are unlikely to

keep pace with increases in cost of living. Some of the rural poor have the ability to grow their

own food that make them partially protected. The urban poor are very much exposed as they

have to meet their food demands from their incomes with reduced purchasing power. For both

urban and rural poor, inflation encourages them to put pressure on the environment in an effort

to create extra income.

High and unpredictable inflation has a negative impact on long term investment because of the

uncertainities it creates. Investors are therefore reluctant to invest in longterm projects including

investment in land improvements. All the above limit the expansion of formal sector output and

job creation which would attract people away from the destructive and direct dependence on the

land for livelihood.

2.1.2 Population growth and migration

Malawi has one of the highest population densities in the southern African region estimated at

139 people per km2 in 2008 (Malawi Government, 2010b). Out of the country’s total population

of 13,077,160 registered in 2008, about 5,858,035 (48.8%) were in the southern region making

the region the highest populated region in the country after the Central and Northern regions.

The national population in 1966 was only 4.04 million meaning that during the 42 year period it

has increased by just below 70%. The population density increased from 85 persons per square

kilometre in 1987 to 105 persons per square kilometre in 1998 and further to 139 persons per

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square kilometre in 2008 (Malawi Government, 2010). The 2008 population census estimated

the total population of the four target project districts at 1,519572 of which 699,864 (46%) live

in the urban areas mainly in Blantyre city about 43.5%.

Due to its small industrial base, the country’s population is profoundly rural-based (85%)

although the rural population of Blantyre, Balaka, Mwanza and Neno in 2008 was estimated at

56%. It can be said that 85% of Malawi population compared to 56% of the population of the

four districts are dependent on natural resources for economic activities and for food production.

Agriculture is the highest employer in rural areas where people depend on seasonal rains and use

premitive farm implements such as the hand hoe and the axe.

The annual population growth rate of 2.9 per cent (Malawi Government 2010b) is also

considered high which entails that more settlements are opened up or expanding every year

taking up more land to accommodate those that have come of age. In the project area the annual

population growth rate varied from 1.1% in Blantyre rural, 2.3% in Balaka, 2.7% in Neno, 2.8%

in Blanyre Urban and 4.1% in Mwanza against the regional average of 2.4%. The district with

the highest annual population growth rate is therefore Mwanza. Not only is there need for more

land for settlements but new families also require land for cultivation thereby exerting more

pressure on virgin areas. Within the Shire River Basin, population growth and migration is a

strong driver for environmental degradation because of the following factors:

Due to lack of adequate customary land in some districts of the southern region such as

Mulanje and Thyolo, there is inter-district migration of people moving and settling in

other districts such as Balaka, Mwanza and Neno thereby causing further increase of the

population of the basin;

Due to poor rainfall regimes within the basin, people are prone to opening up vast lands

for cultivation with the intention of increasing agricultural output than through intensive

methods of agriculture, most often this expansion is on environmentally fragile areas

such as steep slopes;

The opening up of a railway line from Chapananga in Chikhwawa to Liwonde is

expected to attract more settlements along its alignment with resultant land degradation.

Current movement of tonnes of soil during construction of the railway line is also likely

to trigger siltation of rivers arising from its erosion;

In the absence of strong enforcement of existing laws, migration of people towards areas

which offer new opportunities in mining, could see the development of illegal mining,

more settlements and deforestation;and,

The high urban population, 44% of the total in the basin has increased demand for

biomass energy and provides good and expanding market for charcoal and with low

hydroelectic power connectivity and lack of alternative sustainable sources of energy,

deforestation in the districts is likely to continue.

9.4 million hectares of land area is all Malawi has for its ever increasing population. With

increasing demands on the land resources caused by rapid population growth, there is need for

an aggressive policy on population that limits population growth beyond the carrying capacity

of the resources. The progressive decline in percapita land holding sizes and the enchroachment

of agriculture into environmentally fragile areas should call for policies that promote

sustainable production intensification and limit the need for expanding land under agriculture..

2.1.3 Poverty

Poverty is both a cause and a result of environmental degradation. Many rural communities

within the basin as elsewhere in the country are poor. Poverty is one of the chief driving forces

of natural resources degradation to a population that does not have any other means of

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sustaining its livelihood and welfare. While a number of the people in the basin are, apart from

practising subsistence agriculture, engaged in small-scale mining, fishing, rearing of livestock

and trading these economic activities are not able to offer them long-term means of

emancipation and household empowerment and therefore others have resorted to charcoal

burning which is seen as a lucrative trade with high demand in the urban areas. In this regard,

many areas within the Shire River Basin are rarely covered by primary vegetation because

deforestation is rampant.

Although some interventions have been made by some Non-Governmental Organisations

(NGOs) by promoting initiatives that aim at reducing the rate of deforestation such as use of

wood-conserving stoves, household empowerment through bee-keeping and guinea fowl-

rearing, their impacts are unable to offset the attraction there is to people in charcoal production

because of the seemingly high return that the latter offers over the former. There is no doubt that

poverty in the basin is one of the major causes of deforestation although there is no evidence to

suggest that trade in charcoal has improved their well being. Those perhaps benefiting more are

the traders and transporters leaving the charcoal producers perpetually poor. It can therefore be

urgued that introduction of viable alternative sources of income to the communities will release

the pressure off the land resources.

In the agricultural sector poverty limits access to improved technologies such as seed and

fertilizers and to low levels of mechanization that limits farmers just to use of hand hoes. It was

the view of some stakeholders that the nation needs to invest heavily in promoting farm

mechanization as there is a limit to how much a farmer can do with a handhoe. Mechanization in

the whole agriculture value chain will also improve value addition and farmers will be able to

get more money and invest in SLM.

2.1.4 Land tenure systems

Broadly, land tenure comprizes the system of rights and institutions governing access to and use

of land. Cultural, political, legal and economic factors mediate land tenure and these determine

how land is accessed, allocated, used and exchanged. Land rights and the way they are issued

and enforced have major implications for decisions in investing in SLM. Land ownership within

the Shire River Basin falls within four tenure systems which are public, private, leasehold or

customary. The majority of the people in the rural areas within the basin have settled on

customary land which is under the jurisdiction of the local chief who administers power to

allocate land on behalf of the state. In the basin area the public land includes the gazetted forest

and wildlife reserves and land occupied by public infrastructures and these are by law enforced

although cases of enchroachment and poaching are common. The private land includes the

estates and sugar cane plantations where by lease covenant 10% is supposed to be left or put to

forests. The adherence to this and other conservation requirements is not monitored and the

private land also has suffered massive degradation.

Tenure security in customary land system which comprises the majority of the land in Malawi

and indeed in the basin is considered poor and therefore not conducive to promoting longterm

investments. Lack of envidence of ownership prohibits occupier to use it as collateral for

securing financial resources which could be used for other profitable economic engagement that

would allow the members of the family to be economically secure, empowered and also invest

in SLM. Besides people’s reduced urge to invest and sustainably manage the resources that are

on customary land there is no particular blame that can be pinned to a particular household or

households for their degradation. This is why, SLM within the Shire River Basin ought to begin

from the micro level consisting of a village so that while land tenure systems in Malawi are

unlikely to change in the foreable future, there at least must be social responsibility at the local

level towards SLM .

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2.1.5 Community-level institutions

Another driver of land degradation is the setup of local-level institutions and external forces that

influence their effectiveness. Traditionally land is regarded as the property of the departed, the

living and the unborn and therefore respect for the need for intergenerational equity

considerations. To this effect local communities have in the past effectively managed their land

through traditional beliefs, customs and laws by prohibiting usage during certain periods or

rotating usage to allow the land to rejuvenate during the period when it is not under use.

However, external forces such as the introduction of new life-styles have had an impact on how

local community institutions use and manage their land resources. The proliferation of small-

scale mining for instance has meant that forests have been cut for small-scale industrial purposes

leading to opening up of large areas which are void of vegetation.

In the Shire River Basin for instance, the mining of lime demands that trees have to be cut for

baking the rocks before they are prepared into the end product. While those that are responsible

for local administration do realise the eventual consequences of such action, they are not able to

control deforestation because the industry offers them and their subjects a means of survival and

and other economic benefits.

Another area of concern under local level-institutions are conflicts between and among leaders

which sometimes lead to removal of a headman that has otherwise effectively and sustainably

managed land out of sheer want to access such land for economic gains. Such conflicts can be

started by greedy individuals who will eventuary plunder the resources to satisfy their individual

ego. Conflicts also lead to migration of weak communities who eventually settle in fragile

ecosystems thereby causing environmental marginalisation.

Political enfluence at community level sometimes tend to impact negatively on the environment

and natural resources management. Democratic rights have been sometimes construed by

politicians to include rights to manage or mismanage the environment and most often natural

resources have been plundered during political campaigns.

Under the current land tenure systems, local institutions are too weak to prevent communities

settling in fragile ecosystems partly due to lack of or inadequate knowledge and awareness in

SLM and local leaders are at liberty to allocate land of any size and anywhere to anyone that

asks for it. The allocation can be made for several reasons including the acquisition of more

power as population within the chief’s area of jurisdiction increases; protection of livestock and

crops from wildlife such as hyenas, leopards, hippos, elephants and apes or simply to earn some

favours from the family being allocated the piece of land.

2.1.6 Urbanisation and infrastructural development

Land degradation within the Shire River Basin cannot not entirely be blamed on urbanisation

per se although unplanned urban development can lead to serious land degradation problems...

The level of urbanisation within the basin is such that it has little direct influence on

hydrological and other natural processes but rather that there are indirect impacts on the

environment arising from increasedneed for goods and services. Nonetheless there are localised

concerns that can be related or linked to urbanisation and these include the following:

Encroachment of fragile landscapes such as hillslopes and foothills in densely populated

areas such as in the Ndirande location of Blanyre;

Pollution originating from industrial areas such as oils, chemicals and other contaminants

which finds its way into riverine systems;

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Wastes from broken sewers which flow into rivers and streams;

Unplanned settlements which cause land degradation through the creation of pathways

that eventually graduate to gulleys through erosion;

Increased demand for energy for cooking and heating that creates a market for charcoal

from the hinterlands; and

Demand for forest products including timber needed in construction of homes especially

in traditional housing areas.

2.1.7 Climate change and variability

Studies undertaken in 2003 as input to the work of the United Nations Framework Convention

on Climate Change (UNFCCC) which initiated the process of preparing the National Adaptation

Plan of Action (NAPA) indicated that temperatures in Malawi would rise in the next several

decades (Malawi Government, 2010c). This work made projections for temperature and rainfall

for the years 2020, 2075 and 2100 focussing on their impacts on natural resources such as water,

fisheries, forestry and wildlife and on economic activities especially agriculture. The outcome of

the studies revealed the following conclusions:

Temperatures would rise by between 1C and 3C;

Rainfall could increase by between 5 per cent and 22 per cent, or decrease by between 1

per cent and 16 per cent, depending on model used and location;

Runoff would decrease particularly within the Linthipe Basin in the Central Region of the

country; and

The amount of water in each river basin would be higher than that required for irrigation

and domestic use.

With these scenarios applied to the Shire River Basin, it can be assumed that a rise of

temperature of between 1C and 3C exert further stress on already water-deficient ecosystems

where the mean annual rainfall is below 1,000mm. Water-dependent biodiversity would be

adversely impacted upon with the decimation of habitats and other important ecological zones

such as marshes, swamps and wetlands.

An increase or decrease of rainfall within any location in the Shire River Basin would result in

floods or droughts. Floods are a cause of concern as they are responsible for the removal of

tonnes of soil which ends up being deposited in low-lying areas especially along and within

river beds. This results in complete or partial smothering of delicate life as well as the death of

animals, destruction of crops or even loss of human life. Such incidences sometimes trigger

migration of people as environmental refugees in search of other habitable areas.

One of the challenges that government faces is the level of literacy and understanding of issues

at the local level, which are important in NRM in general and SLM in particular. It has been

observed (CEPA, 2012) that while efforts are being made to educate people on the impacts and

effects of climate change, there is only rudimentary understanding of dealing with such impacts

among government agencies, civil society and local communities and this requires that policies

should instead layout concrete strategies that raise the necessary public awareness and build the

required capacity in order to improve understanding, develop skills, expertise and technologies

to effectively address climate change.

Although climate change might lead to reduction in runoff in some areas, some sub-basins

within the Shire River Basin could be affected with decreased rainfall and this would lead to

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reduced soil moisture, reduced food outputs, loss of biodiversity, migration of wildlife and other

negative environmental impacts. Conversely, increased flows in rivers and streams arising from

increased above normal rainfall regimes would result in impacts of varying magnitudes and

nature including human health, state of infrastructure, the proliferation of disease-causing

vectors and others. Extreme weather events as a result of climate change such as droughts and

floods have adverse effects on land productivity.

2.2 Pressures on the environment

The Shire River Basin is

being subjected to various

forms of environmental

pressures which are not

necessarily unique to the

basin but also to other

ecosystems within the

country. These pressures

are as a result of the

driving forces discussed

in Section 2.1 of this

report.

Such pressures can be

enumerated for the basin,

the most significant of

them being

overexploitation of

natural resources, habitat

change, pollution, emergence and proliferation of invasive non-native species, small-scale

mining and settlements.

With growth in population and migration of people from other districts, new areas are being

opened up for settlements and

cultivation which has led to removal

of vegetation and change in land use.

Since local communities heavily rely

on natural resources found within

their immediate neighbourhood, there

is over-exploitation of natural

resources in many landscapes

particularly deforestation of primary

or secondary vegetation in the process

of using trees for building homes,

charcoal making. In addition, grass

which covers the soil to maintain its

moisture is removed for thatching and

may even be completely destroyed

through uncontrolled bushfires.

The removal of land cover generates

another pressure on the environment

where habitats are negatively

modified. It ought to be mentioned

Figure 1: Open landscapes south of Blantyre

Figure 2: Weed removal site at Nkula; Inset: Floating water weeds

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that various animal species are adapted to specific habitats some of which can be particular types

of vegetation where they feed or breed. Deforestation leads to removal of such particular

habitats and impacts negatively on the species that are adapted to and depend on such habitats.

Bush fires also totally decimate the feeble as well as the strong animal species totally killing

them off and destroying their habitats. The small, crawling and slow-moving animals and the

large and fast-moving wildlife are trapped by bushfires and die. Removal of vegetation while

having a negative effect on habitats of animal species, leads to land degradation.

The Shire River Basin is also under pressure from pollution of its water bodies. Rivers such as

the Shire, Mwanza and others are infested with water weeds which are invasive non-native

species such as the hyacinth including as well as the Kariba weed. The water weeds have posed

to be a big challenge in the operation of the hydroelectric power plants in the middle Shire and

the operator, the Electricity Supply Corporation of Malawi (ESCOM) has had to periodically

remove the weeds for the smooth operation of the plants.

Apart from the challenges associated with invasive water weeds, some of the rivers and streams

within the Shire River Basin are also being affected by the overgrowth of riverine vegetation

such as wattle and reeds to the level that they are now choking the river channels.

The dominance of vegetation

within the river channels,

thought to be as a result of the

presence of excessive nutrients

occurring as residual fertilisers

from uplands, has meant that

rivers are now unable to

effectively discharge their flow

and as a result, flooding occurs

frequently within these river

basins. Coupled with this, many

riverbeds are laden with silt that

comes as erosional material from

the bare lands in the country

side.

Due to the presence of minerals

within the basin which can be

exploited for their economic value, many people have opened and continue to establish small-

scale mining operations particularly for mining limestone and construction material especially

granitic rocks. These operations are a positive development within the basin especially in the

districts of Ntcheu, Balaka and Neno because they offer self-employment and are a source of

household income to many families in the districts. However, they need to be regulated in order

to reduce environmental degradation.

2.3 Current State of Environment in the Shire River Basin

Sustainable land use practices are important in the Shire River Basin which supports a large

population of people in the country and is an important economic region for Malawi. Currently,

the basin is home to a number of significant public and private sector establishments and

investments that include tourist hotels and lodges, national parks and forest reserves,

hydropower generation plants and agricultural estates, irrigation schemes and fisheries depots

and industries. These investments offer employment to many Malawians and substantially

contribute to the country’s GDP.

Figure 3: Lime and quarry stone selling point in Neno District

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The main challenges facing the basin are population growth, scarcity of land for agriculture,

conflicts to do with land, water resources degradation, depletion of fish stocks, decline in soil

fertility, erosion, loss of habitats, decline in wildlife populations, decline in tree species, poor

sanitation, deforestation rainfall variability floods and droughts.

High population growth rates and translocation of people from one area to another has caused

the rise in population densities for some of the districts in the basin. In the case of Balaka

District for example, the 1998 population density was estimated at 115 persons/km2

and rose to

144 persons/km2 by 2008 (Malawi Government, 2010b). This high density of population reflects

into high demand for natural resources and hence reveals the relatively high rate of deforestation

within the basin compared to other areas in the country.

In 2007, another district – Mwanza covering a geographical area of only 826km2 had a total

population of 78,271 with a population density of 95 persons/km2, of whom 52 per cent were

women, 48 per cent were men and 45 per cent were under the age of 15 years (Malawi

Government, 2007). The relatively high percentage of those that were below the age of 15 years

points to the fact that there is high dependency among most households within the district. In a

district where 96 per cent of the land is taken up by smallholder farming, much of the household

needs are to a greater extent generated from natural resources and therefore SLM becomes more

crucial.

In addition, and as a result of the existence of areas of low annual rainfall, there are some areas

which are densely populated compared to others for want of being close to perennial rivers and

streams where people can rely on subsistence irrigation during dry periods. Consequently, the

basin is now experiencing scarcity of land for agriculture more so because some previously

cultivated areas have lost soil fertility due to mono-cropping and soil erosion.

Scarcity of land for agriculture has

also been caused by growing

townships, selling of customary

land, poor sitting of infrastructure

such as roads and settlements and

land grabbing. These conflicts have

triggered social and economic

problems for the people within the

basin where for instance, the elderly

or those that are infected with

HIV/AIDS have lost land through

grabbing or simply as a result of

corruption (Malawi Government,

2010b).

Scarcity of land for agriculture has

also been a bone of contention

between the government and people

especially those that live on the margins of protected areas such as National Parks and Game

Reserves. Two reasons can be given for these conflicts: first, that people would want part of the

National Parks or Game Reserves seen as “ideal land” to be allocated to them for settlement and

cultivation; secondly, animals have more often than once destroyed crops on already small

pieces of land on which the people depend. In addition, poaching of wildlife is also occurring

within the basin.

Deforestation is rampant within the basin as a result of several reasons which have been

Figure 4: Wildlife trapping appliance for big game

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discussed earlier e in this report. Removal of vegetation cover has led to erosion, siltation of

riverbeds, declining soil fertility and declining quality of rangelands. The summation of these

incidences is causative to poverty and further degradation of the environment within the Shire

River Basin. Water resources are also under severe environmental pressures including siltation,

high turbidity during the rainy season and direct pollution from industrial sites especially those

streams originating from the Shire Highlands. Pollution of water resources is also evidenced by

the growth of vegetation within riverbeds which is a reflection of the existence of residues of

fertilisers from various farmlands within the basin.

Some of the rivers which were previously perennial are now ephemeral due to poor land use and

management in the various sub-basins. These rivers were important habitats for aquatic life

including various fish

species and it is reported

that there have been

declining fish stocks

experienced over the years.

The destruction of habitats

such swamps, marshes and

other wetlands has meant

that some fish species have

had to migrate to other

areas which are unsuitable

for spawning and breeding

causing their populations to

decline. Despite the

challenges elaborated

above, it is the conviction

of local authorities that with

proper interventions,

opportunities are available

to reverse the current trends of environmental degradation within the Shire River Basin. Some of

the interventions need to focus on:

Establishment of proper mining investment portfolios for mining of limestone and

monazite within the basin;

Provision of an efficient management capacity building mechanism to complement

effective agriculture and livestock programmes;

Provision of management and support services;

Instituting crop development initiatives and farm mechanisation;

Expand and strengthen access to improved agriculture inputs;

Ensure the delivery of sustainable agriculture extension services;

Increase the area under soil and water conservation practices;

Increase the area under soil fertility improvement technologies; and

Expansion of the land that is under conservation agriculture.

While the above aspirations relate to land resources conservation and enhancement of people’s

welfare, they need to be complemented by proper administrative structures at the basin, sub-

basin, and micro-basin and village level. Awareness creation and capacity building at all levels

Figure 5: Mwanza River laden with silt sluggishly flowing towards the Shire

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will be critical for sustainable environmental management in the Shire River Basin where

economic efficiency, social equity and environmental sustainability become the cornerstones of

a secured future for the basin.

2.4 Impacts of unsustainable land use practices

The Shire River Basin is being subjected to a number of environmental pressures influenced by

the above driving forces and caused by people’s decisions and actions as well as through natural

processes. Population growth and migration if not checked, is likely to have the following

impacts:

Continued removal of forest areas for settlements and cultivation;

Logging of trees for making charcoal and for poles and timber required for construction;

Increased soil erosion due to poor methods of cultivation where extension services are not

adequate;

Increased siltation in rivers and streams arising from the erosional surfaces;

Destruction of important terrestrial and aquatic habitats;

Destruction of floral and faunal species caused by bushfires;

Increased runoff from erosional surfaces due to removal of forest areas; and

Occurrence of sporadic flooding incidences in areas with no vegetation cover.

Destruction of the natural resources generates a vicious circle where people are no longer able to

sustain themselves from the available resources and become poorer and poorer and continue to

encroach on other areas thought to be sufficient to support them. As this change of events takes

place, coupled with growing population, more poverty is likely to abound because the resources

can no longer be able to accommodate the needs of the people until the land becomes desolate.

Poverty, if not dealt with is likely to continue being one of the major causes of land degradation

within the Shire River Basin. Since land in communal areas is not private property, its use is

subject to abuse and people can leave it and migrate to other areas where there is possibility of

being allocated other land by a local chief. The customary land tenure system gives no incentive

to the owner to carefully and sustainably look after this important asset since it can always be

abandoned and another piece of land acquired elsewhere. People’s migration from one place to

another, results in:

Continued degradation of the already ruined but abandoned land;

More opening up of previously uninhabited landscapes leading to further degradation of

catchment basins;

Destruction of new habitats arising from the establishment of new homes and gardens; and

Increased poverty as resources become more unable to support the needs of increased

population within the areas of concern.

Because of weak community institutions and lack of awareness in SLM, resources such as soil,

water, forests, wildlife and others are under pressure as they continue to be over-exploited not

only as demanded by local household needs but also for the needs of others especially those that

can acquire them at a cost. Since there is a price tag attached to these resources, local authorities

are happy to let their subjects exploit the resources wantonly for sale to people especially those

residing in urban areas so that they can support their families. Where a local authority is weak,

there is also high probability that he/she will also indulge in the same prohibited acts of resource

over-exploitation.

Impacts on the environment have already been discussed which relate mainly to land and water

pollution. However, industrialisation has also triggered the emergence of self-proclaimed

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researchers who have taken advantage of poor or inadequate law enforcement and the

inexistence of appropriate laws to harvest natural resources for export without a license. As a

result, forest resources are freely harvested and exported outside the basin and the country

without hindrance since there is no Act to prohibit such actions.

2.5 Sustainable Land Management Initiatives in Malawi and in the Basin

A number of government institutions, Civil Society, private sector organizations and

cooperating partners are involved in implementing various natural resources management-

related activities throughout the country. Although these interventions do not carry the title

“SLM” they have elements of sustainable natural resources management of some sort.

Through the Department of Forestry and the Department of Wildlife and National Parks the

Government has gazetted a number of protected areas for the conservation of flora and fauna.

Some of these protected areas serve as catchments of important rivers. Tree planting has been

promoted for a long time and currently the country observes National Tree Planting Season

where every year there is a campaign to involve everybody in tree planting during the rainy

season. This serves to demonstrate that Malawi has a very long history of implementing SLM

practices. In colonial period conservation practices on agricultural land was strictly enforced and

offenders taken to task. Independence brought relaxation of these conservation regulations and

instead extension by persuasion is preferred.

In the agriculture sector specifically, resource conserving technologies have been and are being

promoted throughout the country. The present Land Resources Conservation Department and

its predecessor the Land Husbandry Branch’s core mandate has been that of ensuring sustainable

land management and they have been promoting a number of technologies. These technologies

include; agroforestry, soil fertility enhancement, soil and water conservation (physical and

biological) rainwater harvesting and conservation agriculture (CA). Others include technologies

in the realm of in-situ rainwater harvesting such as planting pits, swales or infiltration trenches

(Table 1). Adoption of these technologies remains a challenge due to a number of problems

including labour constraints, poor extension as well as lack of resources to access improved

inputs and equipment that may be required.

Table 3: Examples of resource-conserving technologies practised in Malawi

Soil and water management technologies Soil fertility enhancement technologies

Contour ridging

Box/ tied- ridging

Raising of footpaths and garden

boundaries

Contour stone lines

Contour vegetative hedgerows

Gully reclamation

Stream bank protection

Terracing

Basin planting

Storm drains

Swales

Rainwater harvesting

Flood water harvesting

Agroforestry

Organic and inorganic fertilizers

Liming

Residue incorporation

Legume intercropping

Crop rotations

Improved fallows

Conservation agriculture

Source: Adapted from H.R. Mloza-Banda and S. J. Nanthambwe, 2010.

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The history of soil and water conservation related extension in Malawi is well documented in

Evans et al., 1999. From pre-colonial times farmers have been practicing some form of physical

and biological conservation measures. The colonial period was characterized by enforcement by

law of physical conservation structures mostly in the form of graded bunds, water ways and

storm drains particularly in tobacco growing areas and contour bunds elsewhere.

The approach to soil and water conservation extension has changed overtime to less of machine

constructed physical structures to pegging of marker ridges, ridge re-alignment and planting of

vegetative hedgerows along the markers first to stabilize them and later to also work as

independent barriers against overland flow and erosion. Use of low cost technologies for

pegging has been promoted along with mobilization of communities to do the marker ridges and

other conservation measures through the annual conservation campaigns.

Other low cost technologies for fertility enhancement came on the scene in the form of crop

residue incorporation, making and using compost manure, legume intercropping, and various

agroforestry technologies. The most popularized of these has been the use of compost manure

through promotion by government and other stakeholders.

Several SLM initiatives have been and continue to be undertaken within the basin by

government, Non-Governmental Organisations (NGOs) and the private sector. The table below

provides a synopsis of these initiatives that are related to SLM in the districts of Balaka,

Blantyre, Mwanza and Neno:

Table 4: Some of the organisations working in the Shire River Basin

District Institution Nature of intervention

Balaka1

Malawi Government, Concern

Universal, Self Help Africa,

World Vision, ADRA, Baptist

Convention of Malawi, CCAP

Blantyre Synod and Christian

Service Committee (CSC).

Agriculture (food security and nutrition)

Malawi Government,

Coordination Union for the

Rehabilitation of the

Environment (CURE), Wildlife

and Environmental Society of

Malawi (WESM), Concern

Universal, OXFAM, Project

Concern International,

CHANASI Foundation, WB,

UNDP, JICA, FAO, .Total Land

Care

Environment;

Soil fertility improvement techniques;

Contour ridging;

Conservation agriculture;

Agroforestry;

Afforestation

Association of Promotion of

Women in Politics, Bible

Society of Malawi,

CONGOMA, CAMA, Disabled

Women in Development.

Advocacy/lobbying

Malawi Government, NICE Local governance

Blantyre2

Malawi Government, UNDP,

WB, MCC, Rainwater

Environment;

Soil fertility improvement techniques;

1 Source: Balaka District Socio-Economic Profile 2010 – 2013, Balaka 2 Source: Blantyre District Council, CEPA, WESM,

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Harvesting Association of

Malawi (RHAM)

WESM, Malawi Environmental

Endowment Trust (MEET)

Contour ridging;

Conservation agriculture;

Agroforestry;

Afforestation

Mwanza3

CEPA, WESM, Christian Aid,

Evangelical Association of

Malawi, AfDB (2003 – 2009);

CADECOM;

Action Aid;

Nkhomano Centre for

Development, Zipatso

Association, Total Land Care

Advocacy/lobbying;

Sustainable natural resources use and

management;

Skills development and income generation;

Afforestation;

Afforestation

Bee keeping

Neno

Clinton Hunters

NESMAC, World Vision

International

Environment

Afforestation using fruit trees;

As will be seen from the table above, there have been and continue to be a number of

organisations and institutions that are engaged in SLM activities within the Shire River Basin

some of which have not been included in the list. However, despite these interventions, land

degradations is on the increase within the various sub-basins of the Shire River and this calls for

a clear understanding of why it is so despite investments in conservation efforts.

2.6 Potential Partners and their Engagement in the Implementation of SLM

Besides the Private, Public Sector Partnership on Capacity Building (PPSP) project for SLM

financed by GEF through UNDP (SLM Project in short) there are other programmes that it can

partner with for synergetic benefits. These include; the Shire River Basin Management

Programme (SRBMP) funded by the World Bank that has three components including

catchment protection, the Environment and Natural Resources Management Action Plan for the

Upper Shire Basin under Millennium Account – Malawi (MCA) which has now commissioned

studies for the middle Shire basin,, the Agriculture Sector Wide ASWAp through its sustainable

land and water management focus area, the National Water Program which focuses on water

supply and sanitation, the Infrastructure Services Project which includes improvements of some

roads in the basin, the Project for Community Vitalization and Afforestation in Middle Shire

(COVAMS) supported by JICA which is mostly a capacity building initiative, the Improved

Forestry Management for Sustainable Livelihoods Programme financed by the European Union

(EU) that aims at improving forestry productivity and rural livelihoods and the Farm Income

Diversification Programme (FIDP) also supported by EU and it supports conservation and small

scale enterprises. Besides these there are a number of projects by government and NGOs in the

Basin including those shown in Table 2 above

The relevant private sector institutions with potential to collaborate in SLM include ILLOVO,

Blantyre Water Board, Southern Region Water Board, Electricity Supply Commission of

Malawi (ESCOM), African Parks (Majete), Carlsberg Malawi Brewery, the various banks and

other institutions that have in the past shown interest and supported communities in SLM

activities especially on tree planting. From the NGO sector a number of NGOs would contribute

to the implementation of SLM and these include; WESM, CURE, MEET, CEPA, Total Land

Care, Leadership in Environment and Development (LEAD), CADECOM, World Vision

3 Source: Mwanza District Council

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International and ADRA.

Mechanisms for engagement of the various stakeholders will vary; through their involvement in

Steering Committee meetings, requesting some to participate in the implementation of some

components of the project, involvement in studies and requesting them to fund specific activities

under a memorandum of understanding. During the consultations Blantyre Water Board

indicated that it had already been approached by EAD to participate in the SLM project and to

that effect it has for the past two years included a budget line in its budget for that purpose.

There is need for ensuring commitment of private sector participation in the implementation of

the incentive schemes such as the Green Water Credit the SLM project is planning to promote.

The synergies among the different initiatives can be harnessed through joint planning and

contributions to achieve outputs of the other projects. For example, the SLM project should

contribute towards establishment of the Shire River Basin Management Authority envisaged

under the SRBMP by supporting training, awareness creation and capacity building of the

communities. Co-financing certain activities common to more than one project, for example;

training could also foster synergies among partners.

2.7 Principles and Approaches to Ensure Compliance with SLM

The overarching principle for sustainable resource management is ensuring that the present use

does not compromise the ability of the future generations to meet their demands. In this regard,

any policy and law should be informed by adequate evidence based knowledge on the available

options. Key to this is to ensure that any resource is put to the use for which it is most suited

which entails proper land use planning and appropriate policy research.

Specifically, SLM in the Shire River Basin should be founded on the following guiding

principles:

Land-user-driven and participatory approaches;

Integrated use of natural resources at ecosystem and farming systems levels;

Multilevel and multi-stakeholder involvement; and

Targeted policy and institutional support, including development of incentive mechanisms

for SLM adoption and income generation at the local level.

2.7.1 Land- User Driven and Participatory Approach

Community based and participatory approaches from problem identification to designing of

initiatives to address resource degradation are crucial for the adoption of SLM. In this regard

Community Based Natural Resources Management (CBNRM) approach to SLM is advocated

where the resource users are at the centre of programme formulation, implementation and

monitoring. The Communities should own both the process and the implementation of the

interventions. The extension staff should only provide the required expertise in appropriate

technologies including timely method and result demonstrations. Extension staff should also

facilitate access to required inputs including seeds, chemicals, fertilizers and seedlings. Use of

lead farmers for demonstration is recommended as land users learn best from their peers.

2.7.2 Integrated, Catchment -Based Natural Resources Use

As much as possible SLM activities should be basin or catchment based and should focus on

integrated use of natural resources; soils, vegetation, livestock, crops and water. This

programatic approach will entail adherence to principles of sustainable crop production

intensification based on agricultural production systems and management that, among other

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things, ensure:

Maintenance of soil fertility;

Cultivation of a wider range of species and varieties in association and sequences;

Utilization of well adapted high yielding varieties and good quality seeds;

Effective integrated management of crops in order to maximise yields; and,

Efficient water management based on principles of integrated water resource management.

2.7.3 Multi-stakeholder involvement

SLM is a cross-cutting issue requiring multilevel and multistakeholder involvement. It involves

expertise from different areas to provide the much needed technical and policy inputs, the

private sector to provide the required inputs and efficient markets for the products, the civil

society organization for creation of awareness of existing technologies and policies and the

central government to provide conducive policy environment and incetives for adoption and up-

scaling of SLM. Most importantly, it involves the communities and their local level leadership

in fostering community level impetus and drive to demand and access services necessary for

SLM.

2.7.4 Targeted Policy and Institutional Support

Due to the long gestation period of SLM initiatives and the social impacts of bad land

management that transend those involved in poor land management there should be targeted

institutional and policy support that will enhance adoption. Institutions involved in SLM should

be well resourced in terms of human and finacial resources to be able to deliver and effectively

support the CBNRM efforts. Institutions that will provide the much needed supportive inputs for

SLM and policies that create incetives for multisteckholder participation and community

sustained involvement in SLM that will include forms of payment for ecosystem services (PES)

such as green credit schemes envisaged under the SLM project..

According to TerrAfrica (2009) SLM must aim at improving livelihoods and the following

principles must also apply:

Provision of short (rapid) and long-term (sustained) benefits;

Assistance for establishment might be needed for small-scale subsistence land users if

costs are beyond land users’ means;

Assistance for establishment if short-term benefits are not guaranteed; and

Maintenance costs need to be covered by the land users to ensure self -initiative

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CHAPTER THREE: POLICIES RELATING TO SUSTAINABLE LAND

MANAGEMENT

3.1 International Environmental Governance

3.1.1 Multlateral Environmental Agreements

The main thrust of implementing sustainable land management is at national level, however

there are international conventions on environment that mandate national governments to

conform to international good practice realizing that environmental problems respect no

international boundaries and therefore the need for global coordination. SLM initiatives in Shire

River Basin would also bring some global benefits in terms of enhancement of carbon stocks,

regulation of international hydrological cycle and contribution to safeguarding biodiversity.

Malawi is a signatory to a number of international conventions that have a bearing on SLM.

Chief among them are the three major Rio Conventions; the United Nations Framework

Convention on Climate Change (UNFCCC), United Nations Convention on Combating

Desertification (UNCCD) and United Nations Convention on Biological Diversity (UNCBD).

SLM, although not specifically mentioned in these instruments, is critical in achieving the

aspirations of all these conventions. Malawi has developed national strategies to guide the

implementation of theses conventions such as the National Adaptation Programme of Action

(NAPA) under the UNFCCC, the National Action Plan to Combat Desertification under the

UNCCD and the National Biodiversity Conservation Strategy under the UNCBD.

Malawi also has a National Strategy for Sustainable Development for the implementation of the

Johannesburg Plan of Implementation following the 2002 World Summit on Sustainable

Development. Apart from theses national strategies which suffer from general lack of

implementation due to resource constraints and poor national level coordination, there is general

lack of linkage to a number of current national initiatives dealing with sustainable land

management. Specifically for UNCCD, coordination among stakeholders at national level was

found inadequate although the coordinating agency, the Forestry Department, has continued to

report to the Convention’s Secretariat on the progress of the convention’s national

implementation as required.

The study recommends the strengthening of the coordination mechanisms for the three Rio

Conventions in order to maximize their synergistic benefits to SLM. This could be through joint

coordination and programming of implementation modalities. This could also entail pooling

coordination under one institution, rather than is currently the case where the three conventions

are under three different departments which sometime fall under different ministries.

Malawi has acceded to a number of other Agreements but is yet to accede to the Nagoya

Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising

from their Utilization to the Convention on Biological Diversity. This is an international

agreement which aims at promoting sharing the benefits arising from the utilization of genetic

resources in a fair and equitable way, including appropriate access to genetic resources and

appropriate transfer of relevant technologies, taking into account all rights over those resources

and to technologies, and by appropriate funding, thereby contributing to the conservation of

biological diversity and the sustainable use of its components. This has potential of supporting

SLM activities as it promotes the provision of incentives to local communities involved resource

conservation.

The fair and equitable sharing of the benefits arising out of the utilization of genetic resources is

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one of the three objectives of the Convention on Biological Diversity and for Malawi it is crucial

to SLM as it will regulate and control bio-piracy now common in the name of collecting samples

for research while utilizing the same for trade. This is done without prior informed consent or

approval and involvement of indigenous and local communities and without mutually agreed

terms. Malawi should accede to the Nagoya Protocol and put in place mechanisms that will

ensure equitable sharing of benefits that will encourage adoption of SLM.

From the above discussion it can be concluded that the MEAs and their relevant protocols

provide international support to the formulation and implementation of policies and programmes

in support of sustainable natural resources management at national and lower level to meet

national obligations under those instruments. Opportunities arise to utilize the various funding

windows under these agreements to support SLM activities in Malawi. Apart from lack of

implementation of associated national strategies and poor coordination, another challenge is is

lack of capacity in developing fundable programmes that would benefit from these various

funding windows.

3.1.2 Instruments at Africa Region Level

At Africa region level, a number of instruments guide African Union (AU) member states in

ensuring sustainable land and environmental management; NEPAD’s Comprehensive African

Agricultural Development Programme (CAADP), the Action Plan of the Environmental

Initiative of NEPAD (APEIN) and the African Union Commission/ United Nations Economic

Commission for Africa/ African Development Bank spearheaded Framework and Guidelines on

Land Policy in Africa (FGLPA).

CAADP comprises of four mutually-reinforcing pillars and these include the following:

(a) Sustainable land and water management;

(b) Improved market access and integration;

(c) Increased food supplies and reduced hunger; and

(d) Research, technology generation, dissemination and adoption.

Sustainable land and water management is therefore fully entrenched in the CAADP and is

considered pivotal as it provides the foundation for the other pillars. This is from the realisation

that unsustainable land and water management and over-dependence on rain-fed agriculture in

Africa are the most serious limiting factors for sustained agricultural productivity. CAADP’s

aspirations are fully entrenched in Malawi’s Agricultural Sector Wide Approach (ASWAp)

which is the current investment framework in the agricultural sector.

The APEIN is an initiative of the African Ministerial Conference of Environment (AMCEN)

through its Secretariat, the United Nations Environment Programme (UNEP) within the

framework of NEPAD to develop and implement a holistic environmental programme for

Africa. The programmatic areas cover the following priority sectors and cross-cutting issues:

combating land degradation, drought and desertification; wetlands; invasive species; marine and

coastal resources; cross-border conservation of natural resources; climate change; and, cross-

cutting issues. The plan of action builds upon the related problems of pollution, forests and plant

genetic resources, wetlands, invasive alien species, coastal and marine resources, capacity

building and technology transfer.

APEIN takes full consideration of economic growth, income distribution, poverty eradication,

social equity and better governance as part and parcel of Africa’s environmental sustainability

agenda. This continental action plan was later translated into sub-regional action plans at

regional economic community levels with the technical support of the International Union for

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the Conservation of Nature. However, these have not informed processes at national levels and

therefore their implementation has not been effective.

Last but not least, the FGLPA is an instrument that recognizes the centrality of land issues in the

social and economic development of African countries and promotes access to land, secure land

rights, gender equity, improved governance in the land sector and reduction of land-related

conflicts. It articulates some of the relevant principles to inform the development, content and

implementation of land policies in Africa and outlines the pathway for member states to have a

shared vision for securing access to land for all users, enhancing agricultural productivity and

sustaining livelihoods. It is important to note that the FGLPA are voluntary in the sense that they

are neither a normative framework intended to be binding upon nor for adoption by member

states. They are however important guidelines for ensuring sustainable utilization of African’s

most important productive resource which is land and represents the African heads of States and

Governments’ commitment to addressing land management issues.

Apart from CAADP, the other instruments at Africa region level mentioned above are yet to find

their way into Malawi’s national and sectoral policies. FGLPA was developed and adopted

much later after most of the policies were formulated and APEIN did not trickle down from the

regional economic blocks to national level.

3.1.3 Southern Africa Development Community Sub-Regional Policies and Protocols

Malawi as a member of the Southern Africa Development Community (SADC) is bound by the

SADC Treaty, SADC’s founding document, that while recognizing the sovereign equality of

Member States was built upon objectives that include achievement of sustainable management

of natural resources and effective protection of the environment.

Further, in SADC’s effort to eradicate poverty and achieve deeper regional integration, it

developed a Regional Indicative Strategic Development Plan (RISDP) adopted in 2004 which is

its 15-year road map. The RISDP has eleven priority intervention areas but directly relevant to

SLM are the areas dealing with sustainable food security (production, availability and food

safety) which also addresses issues of sustainable natural resources management (fisheries,

forestry and wildlife) and the area dealing with environment and sustainable development which

promotes environmental mainstreaming and the integration of environmental and sustainable

development issues into sectoral, national and sub-regional socio-economic development

planning. RISDP is aligned to the New African Partnership for Development (NEPAD) and is

considered SADC’s framework for implementing NEPAD initiatives.

To strengthen cooperation among its member states SADC has developed a number of protocols

in support of achieving free movement of goods and services. Relevant to SLM in Shire River

Basin are SADC Protocols on shared watercourses, wildlife management and law enforcement,

energy, mining, forestry and fisheries. All these advocate for sustainable use of natural

resources. With the Shire River Basin being part of the larger Zambezi River Basin, it is

important that its management conforms to the provisions of the SADC Protocol of shared

watercourse systems for the benefit of all riparian communities. The main objectives of some of

the protocols are indicated in Box 1 below.

Box 1: Sub-regional protocols

SADC Protocol on Forestry, 2002

These aim at promoting the development, conservation, sustainable management and utilization

of all types of forests, trade in forest products and achieve protection of the environment and

safeguard the interests of both present and future generations.

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SADC Protocol on Wildlife Conservation and Law Enforcement, 1999

The protocol provides policy, administrative and legal measures for promoting conservation and

sustainable wildlife management practices in Member States.

Revised SADC Protocol on Shared Water Courses, 2000

This aims to foster close cooperation among Member States for the protection, management, and

use of shared watercourses in the region. It calls for collaboration on initiatives that balance

development of water courses with conservation of the environment and sets out the

establishment of appropriate institutions necessary for the implementation of the provisions of

the protocol.

To be in line with global, regional and subregional development strategies, Malawi’s policies

and laws on NRM and SLM should to the extent possible incorporate their relevant aspirations.

3.2 National Environmental Governance

The Malawi’s constitution, the Malawi’s long term development perspective as outlined in the

Vision 2020 and the medium term national development frameworks; both the Malawi Growth

and Development Strategy I that run from 2005 to 2011 and its successor Malawi Growth and

Development Strategy II (2011-2016) provide solid foundations for integrating environmental

sustainability and natural resources management issues in the policy and planning processes at

national and sectoral levels. The extent to which these aspirations have been translated in past

and existing policies and programmes has varied.

3.2.1 The Constitution of the Republic of Malawi

The Malawi Constitution of 1995 lays a strong foundation for policy and legal reform in

environmental governance. Section 13 declares:

"The State shall actively promote the welfare and development of the people of Malawi by

progressively adopting and implementing policies and legislation aimed at achieving the

following goals:

(d) To manage the environment responsibly in order to:

(i) Prevent the degradation of the environment;

(ii) Provide a healthy living and working environment for the people of Malawi;

(iii Accord full recognition to the rights of future generations by means of

environmental protection and the sustainable development of natural resources;

and,

(iii) Conserve and enhance the biological diversity of Malawi."

Prevention of environmental degradation, conservation of biological diversity and ensuring

intergenerational equity in terms of access to benefits from environment which the constitution

promotes are cornerstones of SLM. The constitution therefore sets, as a guiding principle,

integration of environmental sustainability alongside social and economic sustainability

considerations in national and sectoral policy discourse and planning towards sustainable

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development of the country. The Constitution does not make direct reference to SLM but by

requiring all the citizens “to manage the environment responsibly”; it lays the foundation for

SLM.

3.2.2 Malawi Vision 2020

Through a long, consultative and participatory process Malawi developed a shared vision for the

long term development of the country which was adopted in 1998. It is apparent that in this

vision the main rallying point was the need for sustainable development, the development that

does not compromise the ability of the resource base to provide the needs for the future

generation. The Vision 2020 challenges Malawians to aspire for a nation which is:

“God-fearing, secure, democratically mature, environmentally sustainable, self-reliant with

equal opportunities for and active participation by all, having social services, vibrant cultural

and religious values and being a technologically-driven, middle-income economy by the year

2020”

Elaborating on its inspirations and options for environment and natural resources management

the vision dwells on addressing environmental challenges identified in the National

Environmental Action Plan (NEAP) such as controlling land degradation, arresting

deforestation, preventing degradation and depletion of water resources, developing fisheries,

restoring and conserving biodiversity, developing human settlement, controlling air pollution

and managing climate change issues, eradicating poverty and controlling population growth and

political advocacy for proper management of natural resources and the environment. All these

options are relevant to the present day understanding of what SLM stands for.

Unfortunately, the Malawi Vision 2020 although considered an important long term

development planning tool, it is less publicised; less cited in most policies and is the least

known. It would help much if all development planning is guided by this vision so that all

sectors are seen to be driving towards one goal of sustainable development through providing

integrated ecological, social and economic interventions.

3.2.3 Malawi Growth and Development Strategy II

The Malawi Growth and Development Strategy (MGDS II) of 2011 – 2016 is the second

medium-term national development strategy for the country and builds on the success of MGDS

I that ended in 2011. It is Malawi’s road map for the attainment of the MDGs that among many

goals set out to halve the level of poverty by year 2015 and the need for ensuring environmental

sustainability. It recognizes the fact that in the medium term, agricultural production and

smallholder integration into commercial activities will remain a mainstay of the Malawian

economy, while strategies to target high growth sectors are being developed. Commercialization

of agriculture entails improving management and making land use decisions of improving

quality of products that attract good prices on the market. Commercialization fuels SLM as it

provides incentives for investments in land improvement ventures.

MGDS II like its predecessor is therefore a strategic reference document to be followed by all

stakeholders in order to achieve the nation’s goal of creating wealth through sustainable

economic growth and infrastructure development. Wealth creation is important for SLM as this

will raise the incomes of the natural resources dependent communities and enable them to invest

in practices and technologies that promote sustainable natural resources management. As stated

earlier in this report, poverty is considered to be one of the drivers for environmental

degradation and any efforts aimed at reducing it can go a long way towards improving

environmental stewardship.

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The MGDS II has six thematic areas: Sustainable Economic Growth; Social Development;

Social Support and Disaster Risk Management; Infrastructure Development; Improved

Governance and Cross Cutting Issues. Out of these six thematic areas, nine priority areas pivotal

to the achievement of sustainable economic growth and wealth creation have been identified as

follows: Agriculture and Food Security; Transport Infrastructure and Nsanje World Inland Port;

Energy, Industrial Development, Mining and Tourism; Education, Science and Technology;

Public Health, Sanitation, Malaria and HIV and AIDS Management; Integrated Rural

Development; Green Belt Irrigation and Water Development; Child Development, Youth

Development Empowerment; and Climate Change, Natural Resources and Environmental

Management, (Malawi Government, 2011a).

The inclusion of Climate Change, Natural Resources and Environmental Management among

the nine priority areas in the national development agenda, although not itself significant for

ensuring environmental sustainability, is a strong anchor upon which requisite pragmatic

interventions including on SLM can be built and implemented.

3.3 National and Sector Policy Environment in Support of SLM

The environmental objectives and strategies of different policies at national and sector level give

an indication of the level and magnitude of support they render to SLM interventions. It must

however be borne in mind that most of these policies were formulated before the concept of

SLM gained momentum.

3.3.1 National Environmental Policy (NEP)

As an umbrella policy adopted in 1996 and revised in 2004 it aims at ensuring that all sector

policies do embrace the principles of sustainable development. As a framework instrument, the

NEP guides different lead agencies in so far as their activities affect the environment and natural

resources management, including how to minimize impacts of environmental degradation. Its

aspirations under different sectors considered relevant to enhance the ideals of sustainable land

management are summarized in the overall goal of the policy that states that “the overall policy

goal is the promotion of sustainable social and economic development through the sound

management of the environment and natural resources”. Specifically the policy sets out many

objectives that lend themselves to support sustainable land and water management. Examples

include, but not limited to:

Ensuring that national and district development plans integrate environmental concerns, in

order to improve environmental management and ensure sensitivity to local concerns and

needs;

Increased public and political awareness and understanding of the need for sustainable

environmental protection, conservation and management;

Involvement of local communities in environmental planning and actions at all levels and

empower them to protect, conserve and sustainably manage and utilize the nation's natural

resources;

Managing, conserving and utilizing the country's biological diversity, (ecosystems, genetic

resources and species) sustainably for the preservation of national heritage; and

Promoting the sustainable use of land resources of Malawi, primarily, but not exclusively,

for agricultural purposes by strengthening and clearly defining security of tenure over land

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resources.

The 2004 National Environment Policy prescribes the policy and institutional arrangements

necessary for effective delivery of sustainability agenda and provides the basis for

Environmental Impact Assessment and environmental management plans. The implementation

of the policy is, however hampered by lack of the required legal framework and institutional

arrangements to support the aspirations.

3.3.2 Water Sector

Policies in the water sector are critical to the adoption and success of SLM initiatives. The

overall policy goal of the 2005 National Water Resources Policy is to ensure sustainable

management and utilisation of water resources, in order to provide water of acceptable quality

and of sufficient quantities, and ensure availability of efficient and effective water and sanitation

services that satisfy the basic requirements of every Malawian and for the enhancement of the

country’s natural ecosystems. It is meant to address all aspects of water including resource

management, development and service delivery. As can be discerned from the policy goal,

quality and quantity of water is much affected by human activities in the catchments.

Given the importance of catchment protection to water resources management, SLM is too

important for the Ministry of Water Development and Irrigation to be left just in the hands of

other sectors as the policy seems portray. Fortunately the action on the ground realizes this; the

Shire River Basin Management Programme fully embraces SLM in the component of

Catchment Protection. It must be realized that most of SLM activities promoted by DLRC and

other stakeholders hinge on control of water movement on the soil surface and in the soil profile

hence the saying that “take care of the water the soil will take care of itself”.

The policy relating to riverbank cultivation states: “there shall be no agricultural and

infrastructure construction activities below the 477-metre above mean sea level contour line

along Lake Malawi and below the 100-year flood water level along rivers, except where written

authority from the responsible Minister is granted”. The 477 –metre above sea level and the 100-

year water flood level are difficult to demarcate and cannot easily be enforced.

The policy therefore addresses issues of sustainable land management through catchment

protection but leaves the responsibility to relevant sectors such as Forestry Department and

Land Resources Conservation Department through their policies to implement such initiatives.

This gives the impression that the policy does not consider SLM as a core business of the Water

Department, rather it just have to provide conducive policy environment in which other sectors

can play their roles in SLM. The policy prescribes restrictions on riverbank cultivation which is

difficult to measure and enforce.

3.3.3 Forestry, Wildlife and Energy Sectors

Forestry resources play a major part in supporting livelihoods, infrastructure development and

energy besides providing habitat for animals and providing protection for soil and water

resources for agriculture and domestic use.

The activities in the forestry sector are guided by the 2006 National Forestry Policy which is

concerned with production of wood resources in human-made plantations, woodlots, and natural

woodlands. The policy provides a framework for sustainable production and conservation of

wood resources and recognises the importance of wood fuels in the national energy supply and

the need to bring about improvements in their sustainable production and supply. The policy

specifically mentions the wood fuel needs of farmers in its general objectives and strategies, and

recognises the importance of forest products in improving the quality of life in rural

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communities and providing a stable local economy. Additionally, the policy calls for a reduction

in the dependence on wood fuel as a source of energy through switching to alternative sources of

fuel and adopting wood fuel-saving devices so that 50 per cent of energy should be sourced

from non-biomass sources.

The general objectives of the policy are to satisfy people’s many diverse and changing needs,

particularly those of the rural people who are the most disadvantaged by allowing them to have

regulated and monitored access to some forest products. The establishment of appropriate

incentives that promote community-based conservation and sustainable utilisation of the forest

resources as a means of alleviating poverty are considered one of the strategies. Controlled

access to forest resources and provision of appropriate incentives are tenets of SLM in the forest

sector and to that effect the policy does strongly support SLM.

The policy is currently being revised and is expected to be finalized by end of 2013. The

National Forestry Policy of Malawi, 2013 (Draft) is aligned to the 2002 National Land Policy

by among other things recognising that both rural and urban areas will be subject to planning

and management controls that will promote sustainable forestry management. It also aims to

reduce overdependence on wood fuel, promote efficient use of wood fuels as a way of reducing

the rate of deforestation. Realising that biomass will remain a significant source of energy for

the foreseeable future the new policy is realistic and advocates the promotion of sustainable

charcoal production.

Perhaps what is new and significant in the new draft policy is the inclusion of emerging issues

such as climate change, Payment for Ecosystem Services (PES), Reduced Emissions from

Deforestation and Forest Degradation (REDD+)

, Clean Development Mechanism (CDM) and

HIV and AIDS. As far as SLM is concerned the new policy maintains the strengths of the old

policy but fails to take advantage of climate change, PES, REDD+ and CDM as more than

instruments for just providing avenues for alternative funding mechanisms but also providing

incentives to communities to invest in SLM. Given that the Department, with the support from

USAID technical assistance, is preparing national REDD+ readiness through developing a

strategy, emphasis in the new policy should be placed on community benefits and incentives

through these new instruments.

Malawi has 21.6 per cent of its land area as protected areas: national parks, wildlife reserves and

forest reserves. These areas contain the highest concentration of wildlife resources. Unfortunately,

both inside and outside protected areas the situation is characterised by general degradation of

wildlife resources largely due to increasing human population pressure, poverty, and inadequate

appreciation of the resources' benefits which often lead to habitat loss and over exploitation.

Management of these wildlife resources is guided by the National Wildlife Policy 2000 which

aims at ensuring proper conservation and management of the wildlife resources in order to

provide for sustainable utilisation and equitable access to the resources and fair sharing of the

benefits from the resources for both present and future generations. Wildlife forms the basis for

the tourism industry in Malawi which is overwhelmingly nature-based and has potential for

increased contribution to GDP according to MGDS II and the Government’s recently launched

Economic Recovery Programme. The National Wildlife Policy seeks to meet the following

objectives among others:

Ensure the adequate protection of representative ecosystems and their biological diversity

through promotion and adoption of appropriate land management practices that adhere to the

principles of sustainable use;

Enhance public awareness and understanding of the importance of wildlife conservation and

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management and its close relationships with other forms of land use;

Take the necessary legislative steps as well as pertinent enforcement measures to curtail the

illegal use of wildlife;

Create an enabling environment for wildlife- based enterprises; and,

Develop a cost-effective legal, administrative and institutional framework for managing

wildlife resources without compromising the special ecological attributes of the resources.

It is evident from the above policy objectives that it is consistent with aspirations of SLM,

although wildlife reserves in Malawi have suffered poaching and encroachment leading to

reduction of biodiversity of both flora and fauna. The challenge is that of enforcement of

existing regulations and provision of alternative sources of livelihoods to border-zone

communities.

Continued high dependence on biomass energy is the major cause of deforestation in Malawi,

yet the energy policy’s pronouncements do not strongly reflect this fact. According to the

National Energy Policy, 2003, the energy sector is aimed at achieving the following long term

strategic goals:

Make the energy sector sufficiently robust and efficient to support the government’s socio-

economic agenda of poverty reduction, sustainable economic development and enhanced

labour productivity;

Catalyse the development of a more liberalised, private sector-driven energy supply

industry in which pricing would reflect the competition and efficiency that would have

developed through the reformed process; and

Transform the country’s energy economy from the one that is overly dependent on

biomass (93 per cent) to one with high modern energy component to its energy mix. A

biomass commercial mix target of 50 per cent-50 per cent is set for the year 2020.

The objectives of the energy policy include: improving efficiency and effectiveness of the

commercial energy supply industries; improving the security and reliability of energy supply

systems; increasing access to affordable and modern energy services; stimulating economic

development and rural transformation for poverty reduction; improving energy sector

governance; and mitigating environmental, safety, and health impacts of energy production and

utilisation. It is however silent on the promotion of sustainable production of biomass energy

such as charcoal despite the fact that biomass energy will continue to contribute significantly to

energy supply in the country.

This gap in the National Energy Policy is addressed in the Malawi Biomass Energy Strategy

of 2009 whose overall objective is to ensure a sustainable supply of affordable wood fuels. Its

three specific objectives are to:

Increase the supply of sustainable wood fuels;

Increase the efficiency of energy use; and

Create the institutional capacity to manage the biomass energy sector.

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The strategy acknowledges the overdependence of Malawi on biomass energy in particular

wood fuel and charcoal that are produced unsustainably and the need for interventions to

manage the biomass energy sector. It is recommended that these progressive objectives of the

strategy should be taken on board when revising the National Energy Policy which is overdue

for revision.

3.4 Policies and Legislations on Bush Fire Control

The National Forestry Policy (2006), the National Forestry Policy of Malawi, 2013 (Draft), the

National Wildlife Policy 2000 and the National Irrigation Policy and Development Strategy

(2011) take recognisance of the threats posed by uncontrolled fires in the respective sectors and

have addressed the fire issue. However the analysis found that fire does not receive as much

emphasis as it should in the forestry policies. Just to illustrate the issue; out of nineteen policy

priority areas high lightened in 2013 draft policy, uncontrolled fire is mentioned as an issue in

only two of them. It is an issue under industrial forest plantations where strengthening of fire

management systems involving government, communities and private sector is the suggested

strategy. Secondly it is an issue under the priority area dealing with biodiversity conservation

where no strategy has been provided to address it. In all other policy priority areas uncontrolled

fire is not considered as an issue which is a very serious oversight. The 2006 policy also takes

almost the same view although fire is taken as a management tool under controlled conditions.

Under the Forest Act, however setting fire and even neglecting to assist in fighting and

extinguishing fire is a serious offence attracting penalties. The Wildlife Act and the Irrigation

Act do also prohibit the setting of bush fires and prescribe penalties for none compliance.

Given the significance of uncontrolled fires particularly in the forestry and wildlife sectors, the

policies should explicitly give conditions of its use and prohibit setting of fires as a crosscutting

issue in all their policy priority areas.

3.4.1 Land and Agriculture Sectors

Land is the most important single productive asset available to the majority of Malawians for

use to support their livelihoods. It is for this reason that its use and management must be

jealously guided for the development of Malawi whose economy is agricultural based. Yet, prior

to 2002, Malawi had no comprehensive land policy and that caused a number of land

governance problems that affected the sustainable management of land-based resources. The

2002 National Land Policy was aimed at removing most of the pressing problems that created

tenure insecurity and undermined speedy and transparent land transactions in Malawi. It

provides for a number of interventions that aim at improving land security, transparency in land

administration and improved management. The most important innovation is the reform of

customary land into registered customary estates effectively making the whole country a

planning area subject to planning and land use controls. The policy has made recommendations

on a number of other areas including land access and tenure reforms, land access for non

citizens, land use planning and registration and land administration and dispute settlement.

The difficulty however, has been that the innovative and progressive aspirations that would

contribute to SLM are not supported by equally progressive land laws. The enactment of new

laws has delayed to the effect that there is inadequate legal and regulatory framework to enforce

compliance4. In addition the National Land Use Planning Policy is currently not in place to

regulate land use and development planning in both urban and rural areas. Land use planning is

4 At the time of writing this report Parliament was sitting and there was very strong hope that the land related bills

would be tabled for enactment.

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a perquisite for SLM to take root and the absence of the planning framework currently is a

serious policy gap that needs urgent attention.

The National Land Policy in its current state provides adequate safeguards for ensuring

sustainable land use. There may however be tension between the objective of tenure security

(which might be promoted by restricting land transfers to prevent land grabbing) and that of

promoting transfer to the most efficient user, or to enabling land holders to raise capital using

land as security as a way of financing investments necessary for SLM. Awareness creation on

communities’ land rights need to be enhanced with the support of NGOs.

Agriculture is the foundation of the Malawian economy employing 84 per cent of the national

workforce and contributes about 39% of the country’s Gross Domestic Product (GDP), and

more than 90 per cent of the foreign exchange earnings. Agriculture is the main livelihood of the

majority of rural people, who account for more than 85 per cent of an estimated population of 14

million people. Agriculture is the dominant land use in the country and it is important that the

policies and practices in the sector conform to the dictates of SLM.

The policy environment in the agriculture sector has been very dynamic since independence as

government pursued an agriculture-based development strategy and most of loan conditions

focused mainly on reforming the agricultural sector. The emphasis on tobacco growing by the

estate subsector led to the conversion of a lot of customary land to private leaving the

smallholder farmers with limited land holding sizes and some pushed to cultivate in marginal

and sometime unsuitable areas. Smallholders were relied upon to provide a marketable surplus

of the staple food crop maize to feed estate and urban workers often without adequate improved

inputs and under poor land management practices.

Expansion of tobacco growing brought with it problems relating to deforestation and soil

erosion as tobacco itself is a poor cover crop that does not provide adequate protection to the

soil against the devastating impacts of rain drops. Later liberalization of tobacco growing meant

increased hectarage under tobacco and increased demand for trees for barn construction and

tobacco curing. On the other hand the food self-sufficiency policy pursued meant that everybody

had to be a maize producer; this led to dominance of maize on the landscape every year often

under traditional and unimproved type of management often with limited fertilizers.

The Government of Malawi has developed various national development strategies, agricultural

strategies and agricultural-related legislation and policies to ensure the promotion of the

economy. These include the National Agricultural Policy-2010-2016 (NAP), the National

Irrigation Policy and Development Strategy (2010), National Nutrition Policy and Strategic Plan

(2007-2012), the Cooperative Development Policy, National Nutrition Policy and Strategic Plan,

ASWAp, the MGDS I and II which provide the national policy context. The ASWAP is based

on the priority agricultural elements of the MGDS and is consistent with the CAADP under the

umbrella of the New Partnership for Africa’s Development (NEPAD) and can be considered to

embrace all current policies in agriculture.

ASWAP recognizes three focus areas; (i) food security, (ii) commercial agriculture, agro-

processing and market development and (iii) sustainable management of land and water. It is

therefore significant that ASWAp identifies sustainable land and water management as a focus

area requiring investment. The strategy focuses on sustainable land and water utilisation

putting emphasis on conservation agriculture, afforestation, protection of fragile land and

catchment areas, and on rehabilitation of degraded agricultural land. This must translated by

allocation of adequate financial resources to support implementation. It must also be noted that

the first two focus areas are very important for adoption of SLM as they look at the other aspects

of social and economic sustainability and incentives. Activities on water focus on improving

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water use efficiency and expanding area under irrigation and this provides a stronger anchor to

the Green Belt Initiative (GBI). The analysis takes note of the fact that institutional development

and capacity building and technology generation and dissemination are considered as key

support areas for ASWAp hopefully to receive equal attention in its implementation.

Issues of technology development and dissemination are critical for adoption of SLM and the

analysis notes that agricultural technology generation in Malawi is skewed towards crops at the

expense of NRM. The major public agricultural research institutions are the Department of

Agricultural Research and Technical Services (DARTS) in the MoAFS, and Bunda College of

Agriculture (BCA) formerly of the University of Malawi and now under the newly created

Lilongwe University of Agriculture and Natural Resources. The Agricultural Research and

Extension Trust (ARET), Tea Research Foundation of Central Africa, Illovo, formerly Sugar

Corporation of Malawi (SUCOMA), Forestry Research Institute of Malawi (FRIM) and seed

companies comprise the private institutions involved in technology generation. Together these

institutions constitute the National Agricultural Research System (NARS).

The various institutions in the NARS differ in their scope and mandate for research. For

example, the research undertaken by BCA is an integral part of its training program and focuses

on basic and applied research conducted by undergraduate and postgraduate students. ARET,

TRF and Illovo are commodity–based research organizations focusing on tobacco, tea and

coffee, and sugarcane respectively. Private seed companies are mostly engaged in breeding

maize seed. DARTS is by far the largest public agricultural research institution. As one of the

seven technical departments in the MoAFS, DARTS has the national mandate for technology

generation for all crops and livestock, except for those commodities that are the responsibility of

other institutions. Little emphasis is put on research in NRM.

In as far as research in NRM in general and SLM in particular is concerned the NARS are not

well equipped as they lack adequate and up to date survey equipment and laboratory facilities to

support the research. The land resources appraisal done in the late eighties to early nineties at

national level with the support of UNDP and FAO under the Department of Land Resource

Conservation and DARTS are now out of date. The ministry has also failed to retain staff trained

in tools of NRM surveys and research such as Geographic Information System (GIS) and

Remote Sensing.

While Malawi is doing well in commodity research, lack of emphasis on NRM poses a threat

that would undermine the progress made. It is the recommendation of this assessment that there

is need for strong investment in NRM research to provide the information that would lead to the

development and implementation of necessary interventions. It is noted that huge investments in

irrigation are made in absence of detailed soils characterization and that the country’s land

resources information is outdated and most often scarce. Sustainable utilization of any natural

resource depends on the deep understanding of its nature, extent, its potentials and limitations

for specific uses.

In the Ministry of Agriculture and Food Security, the Land Resources Conservation Department

(LRCD) through the National Land Resources Management Policy and Strategy of 2000 is

pivotal in promoting SLM. The overall goal of this policy is to promote the efficient, diversified

and sustainable use of land based resources both for agriculture and other uses in order to avoid

sectoral land use conflicts and ensure sustainable socio-economic development. It can be argued

that this was an attempt to directly address the issue of SLM, but some commentators have

described it as not going far enough as it lacks innovative and progressive strategies to achieve

the aspirations. Although the policy goal makes reference to assurance of sustainable social and

economic development, it is seen as largely ensuring ecological sustainability through the heavy

emphasis it places on physical and biological conservation. The policy also is NOT explicit on

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the issue of riverbank cultivation as it provides no guidance on the size of the buffer zone along

rivers and the recommended management practices of such zones. This is a critical gap as the

policy is most often cited as conflicting with the Water policy on this issue although it is largely

silent on this.

The National Land Resources Management Policy and Strategy is due for review having been

adopted 13 years ago. It needs to take on board emerging issues including climate change, CA

and aspirations of the 2002 National Land Policy which has far-reaching implications on land

management. It also needs to be explicit on the use of environmentally fragile areas by

providing evidence based recommendations on the size and management of buffer zones along

river channels.

In the Livestock subsector the Policy Document on Livestock in Malawi 2006 has a vision that

sees “Malawi becoming a nation that is self-sufficient in safe locally-produced livestock

products”. The policy recognises that livestock farmers are facing new challenges as the

processes of democratisation and decentralisation become more institutionalised, with

liberalised economy and the need to respond to the new demands from farmers, which will

enhance livestock production and hence improve people’s livelihood. The policy advocates for a

demand-driven pluralistic extension system.

In addition, the policy emphasises synergistic benefits of crops and livestock and recognises

limitation of available grazing land as one of the major constraints to livestock development. It

promotes integration of environmental sustainability in livestock development strategies by

observing land carrying capacity and promoting intensification systems that minimize

overgrazing and degradation. At policy level the livestock development aspirations are consistent

with SLM principles although at operational level there are challenges in ensuring positive

synergies particularly considering the dominant extensive management system and the potential

for competition for crop residues necessary to maximize ground cover under conservation

agriculture systems. Localised cases of overgrazing do occur in the Shire River basin

particularly in Lisungwi area; interventions will need to address this through supporting

intensification systems.

Recently there is a push towards the politically supported “One family - One cow” campaign;

the environmental impact of this is not known. However, it will be necessary to ensure that this

is done with safeguards to protect the environment including against contributing significant

overgrazing.

The National Fisheries and Aquaculture Policy 2001 is currently under review. Developed at

the time when the Department of Fisheries was in the Ministry responsible for Natural

Resources, its main thrust is conservation of fish stocks with the aim of maximizing sustainable

yield from the natural and man-made water bodies, improving efficiency in exploitation,

processing and marketing and promoting the industry. The policy therefore focuses on

addressing the deterioration observed in the sector by promoting a more sustainable culture of

utilizing the fish resources and enhancing efforts that seek to build alternative channels of

increasing stocks (Gil Yaron et. al, 2011). Contribution of the sector to the attainment of

national food and nutritional security is largely missing in the current policy.

On riverine and floodplain fisheries the policy undertakes to involve riparian communities in the

sustainable management of the riverine environment and adjacent floodplains and wetlands and

makes no mention of what exactly would be done in that regard. The policy also acknowledges

the problems of soil erosion and siltation that contribute to aquatic weeds infestation, but is shy

in addressing the source of the problems in the upper catchments.

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Fisheries contribution to deforestation through increased demand for wood for drying fish and

the need for alternative environmentally-friendly fish drying methods like solar driers is also not

addressed. Fisheries policy needs to embrace principles of sustainable land management in

catchment areas where water for either the natural or man-made water bodies come from and

addressing environmental problems around fishing villages.

The Farm Inputs Subsidy Programme (FISP) is the country’s flagship programme for

attainment of food security. It is in its seventh year of implementation and was designed to

achieve food security and raise smallholders’ incomes through increased maize and legume

production. In the 2011/12 agricultural season, the FISP packages included subsidies of fertilizer

for maize, of improved maize and legume seeds. The programme takes up to 6 per cent of the

country’s GDP and about 60 per cent of the budget of the ministry (Malawi Government,

2012a). This has had successful influence on food security, but its impact on the environment

and SLM need to be also appreciated.

It is evident that the programme has increased fertilizer consumption by making it affordable to

smallholder farmers. In as far as the programme increases inorganic fertilizer and improved seed

uptake, it can be said to promote good crop cover in the fields and the quality of crop residues

that is good for SLM. However, this has not been paralleled by increased uptake of organic

nutrients through application of manure. This might have negative impact on the soil’s physical

characteristics and soil erodability. It can also be argued that the availability of cheap

fertilizers has tended to hide the effects of bad land management which will be manifested once

the subsidy is withdrawn. Hence the need to systematically move towards developing organic

exist strategies for FISP. It is recommended that FISP should always be accompanied by strong

campaign for organic manure-making and use in an integrated way with inorganic fertilizers. In

that way the long term productivity of the soils can be sustained.

Annual ridge-tillage is almost synonymous to land preparation in Malawi; ridges are

constructed by hand using a broad bladed hoe about 30 cm deep, and, in the following season,

the ridge is split and remade in the previous furrow. It is known that this practice dates back to

the 1930s during the colonial era and was aimed as a primary strategy for erosion control where

farmers were forced to align the ridges along the contour (Douglas et al., 1999). The policy on

land preparation has been to ridge on contour and while this has served its purpose in controlling

soil erosion, the use of hand hoe annually has created an impervious hoe pan that restricts water

and nutrient movement in the soil (Douglas et al., 1999). The Ministry is now vigorously

promoting conservation agriculture (CA) based on principles of minimum soil disturbance,

maximum ground cover and crop rotation. This is counter to the long tradition of hand hoe

tillage and it will take massive training and campaigns to reorient the extension drive towards

CA and change farmers’ mind-set to adopt the system.

The current agricultural policies need to integrate CA rather than formulating a stand-alone CA

policy for Malawi. The National Land Resources Management Policy and Strategy once revised

should incorporate this system touching on all elements of research, extension, knowledge

management, inputs and farm machinery. To this effect the study recommends the strengthening

of the current National Conservation Agriculture Task Force in line with its draft strategy

document that advocates the evolution to an independent Trust to enable it effectively

coordinate CA research and development in Malawi.

3.4.2 Irrigation Sector

The irrigation sector is guided by the National Irrigation Policy and Development Strategy

(2011) that seeks to increase area under sustainable irrigation, extend cropping opportunities,

facilitate crop diversification, create an enabling environment for irrigated agriculture, enhance

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capacity for irrigated agriculture and promote a business culture in the small scale irrigated

agriculture sector. It is aligned to the MDGS and realizes the importance of complying with

environmental standards set in the NEP. Two of its nine policy statements on irrigation are

directly relevant to SLM:

Environmental consideration shall apply for all irrigation and drainage projects as provided

for in the Environmental Impact Assessment (EIA) Guidelines for Irrigation and Drainage

Projects (2002); and

Conservation measures for irrigation projects catchment areas shall be vigorously pursued to

ensure availability of water resources.

Under one of the specific development strategies that seek to identify and develop areas with

irrigation potential to facilitate utilization of irrigable land in Malawi, the policy makes some

demands with regard to environmental and social management considerations as follows:

All irrigation development shall be integrated with other natural resource management

activities to protect and conserve the environment;

Environmental analysis shall be made to ensure that unacceptable environmental impacts

are avoided and that features such as high water tables, salinity and erosion are

monitored;

Projects shall be designed, implemented and managed in compliance with the EIA

guidelines for irrigation and drainage projects as defined by EAD;

The impact of irrigation development on health shall be closely monitored and mitigated;

and,

Use of renewable energy sources shall be encouraged.

The policy recognizes the need for appropriate irrigation technologies and research in areas

relevant to SLM such as technical, agronomic, environmental, social, financial, land and water,

economic and policy issues. This study finds the National Irrigation Policy and Development

Strategy 2011 to be one of the most progressive in terms of its considerations of environmental

issues in general and therefore SLM compliant as it articulates its environmental objectives and

strategies clearly.

Nonetheless, irrigation investments are capital intensive but these are not accompanied by

detailed soil surveys with regard to potential for ponding and salinization in the future. With the

formation of the GBI, this would require establishing deliberate policy on intensive research

prior to the development of any irrigation schemes within the Shire River Basin in particular and

elsewhere in the country, in general.

3.4.3 Construction and planning

According to Government of Malawi (2011b), climate change policy gap analysis indicated that

the Road Transport Policy has an environmental objective and strategies to take care of

environmental issues. The objective is to prevent adverse environmental effects of road

construction and ensuring that the infrastructure itself is environmentally friendly. The strategies

include: include in the planning for the construction of roads environmental impact assessments

(EIAs) and energy conservation; promote environmental protection and resource conservation;

ensure that roads do not impede drainage and cause accumulation of water pools that become

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breeding grounds for mosquitoes; ensure that drainage outlets do not become the source of soil

erosion and promote use of more energy-efficient and less pollutant modes of transport. These

strategies are indeed in line with SLM aspirations as roads if not properly aligned and drained

are a source of runoff accumulation and destruction of fields down slope. In other cases poorly

aligned roads have become waterways and have eroded. It is not however not uncommon to find

roads draining into crop fields which means that the policy not strictly adhered to. There is need

to strengthen monitoring of compliance by road contractors.

The Civil Aviation Policy has dealt with environmental issues in its objectives and strategies

e.g. the objective is to prevent adverse effects of the construction of an aviation infrastructure

and ensure that the infrastructure and operations are friendly to the environment. The Strategies

include undertaking environmental impact assessments in all new airport projects; implement

conventions ratified by government on environmental protection.

The Rail Policy also deals with environmental issues; the objective is to prevent adverse

environmental effects of rail construction and ensuring that the infrastructure is environmentally

friendly. The strategies include environmental impact assessment (EIA) and energy conservation

issues in the planning for rail construction; promote environmental protection and resource

conservation; ensure that rail lines do not impede drainage; implement soil conservation

measures along the railway line and promote use of more energy efficient and less polluting

types of locomotives.

The general trend in construction of buildings is the apparent preference for burnt bricks, which

require a lot of wood for curing. Use of concrete blocks is minimal due to high prices of cement

but an opportunity exists where concrete blocks can be promoted through use of incentive

mechanisms under CDM. Other environmental concerns involving construction industry is river

and dambo sand mining which disturbs the fragile riverbanks and wetlands causing slumps and

erosion.

In respect of the foregoing, it is the view of this analysis that the Construction Policy ought to

take into account the pertinent issues raised which are environmentally unfriendly such as use of

burnt bricks and sand mining in environmentally fragile areas.

3.4.4 Mining Sector

Known mineral prospects are sufficiently promising to suggest the development of at least a

modest mineral sector over the next few years that would account for possibly as much as 10 per

cent of GDP and a significant share of exports (World Bank 2009). It became necessary for

Malawi to develop a policy framework to guide the mining sector and the policy has just been

launched this year 2013. The new mining policy takes on board recommendations from the

Mining Sector Review of 2009 and is consistent with international standards and good practice

in ensuring transparency, accountability, benefit sharing, environmental management and

addressing impacts arising from mining operations.

The World Bank, 2009 observed that existing environmental impact assessment (EIA)

framework for managing environmental and social issues in the mineral sector conforms in most

respects to international good practice. However, large mining developments can overstretch the

limited capacity of this system which suffers from a lack of sector experience, human resources,

funding, and inadequate coordination at the planning and implementation level. It also noted that

the existing decentralization process that establishes a bottom-up development planning system

has potential to catalyse sustainable development out of mineral sector growth in villages and

districts, but must overcome the reluctance of the central government to devolve responsibilities

and budget to the district administrations, which stems from concerns over weak administrative

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capacity and lack of effective accountability.

Small-scale mining in the Shire River Basin and in particular in the four project districts of

Blantyre, Balaka, Neno and Mwanza if well-coordinated and supported provides a promising

avenue for diversifying sources of income and increasing opportunities for increased investment

in sustainable land management. This notwithstanding, the negative environmental impacts of

small scale mining should be minimized by promoting rehabilitation of excavated areas.

3.4.5 Local Governance and Administration

The National Decentralization Policy of 1998, backed by the Local Government Act of the

same year, devolves political and administrative powers and responsibilities to the District

Councils. The policy also involves the integration of governmental agencies at the district and

local levels. The Decentralisation Policy aims at integrated decentralisation that advocates

“transfer of tasks or authority to local ‘multi-purpose’ institutions with a territorially restricted

mandate” and the District Assemblies in principle are such multi-purpose institutions.

The District Councils have a series of functions and services assigned to them. These include:

Education Services; Medical and Health Services; Environmental Services; Roads and Street

Services; Planning Authority; Land Resource Utilization; Business and local tourism; Natural

Resources; Fisheries; Forestry; Water; Community Development, Agriculture, Livestock and

Irrigation. The line ministries, however, retain responsibility for policy formulation and

enforcement, in addition to functions such as “inspectorate, establishment of standards, training,

curriculum development, international representation, etc.” As a legal framework, the Local

Government Act of 1998 establishes a fairly specific and detailed set of rules for the operation

of the District Councils, but does not specify how services and functions under the sector

ministries should be devolved to the District Councils (Randi Kaarhus and Ramji Nyirenda,

2006). Beyond the District Councils responsibilities are further devolved to Area Development

Committees at Traditional Authority’s level and to the Village Development Committees where

Community Based Organizations including the Village Natural Resources Management

Committees are responsible for development activities including NRM and SLM.

The progress towards decentralisation has been slow due to a number of problems including lack

of political will and the reluctance of the line ministries to devolve power. This is mostly

disguised as due to lack of requisite capacity at the District level to perform those functions.

There also remains some important unresolved issues including weak, poor and ineffective

linkages between decentralisation policy and other public policy reforms; persistent power

struggle and conflicts of roles between elected members of the ADCs and VDCs and Traditional

Authorities; weak institutional capacity, ineffective participation of the local communities due to

lack of elected Councillors, lack of information, knowledge and skills; and inadequate financial

resources at District Council level among others. District, area and village level structures within

their limited resources do prioritize projects that most often are to do with infrastructural

development to the detriment of environment and natural resources management projects.

Village Natural Resources Management Committees (VNRMCs) where formed are most often

not functional.

There is a general agreement among stakeholders that decentralisation is good for sustainable

natural resources management as it leaves stewardship of the resources in the hands of District

Councils, local leaders and the communities who use them for their livelihoods. The sense of

ownership so cultivated, coupled with the presence of strong local leadership are ingredients of

sustainable natural resources management. Nowhere is this more vividly demonstrated than in

Village Forest Areas which have been left to regenerate using local byelaws. Implications of this

experience to SLM in Shire River Basin is that communities and local leaders will need to be

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empowered and properly incentivized to adopt practices that will not degrade the environment.

The flip side of this is where local leaders including politicians are at the forefront of

unsustainable natural resources exploitation through their own actions or through corrupt ways

of allowing exploitation in exchange of favours. This makes enforcement by extension workers

very difficult.

Within the agricultural sector, the decentralisation of functions includes the responsibility for

service delivery in the form of extension services. At the national level, an extension policy was

finalized in 2000, and launched under the name: Agricultural Extension in the New Millennium:

Towards Pluralistic and Demand-driven Services in Malawi (Malawi Government, 2000). The

policy guidelines indicate a shift from supply-driven to demand-driven extension service

provision, including the principle of “those that benefit pay”. The general orientation of the

agricultural extension policy is in line with the decentralisation policy, with its aim to empower

local level stakeholders to participate more effectively in decision-making, programme

development and implementation. The effect of this policy shift on sustainable natural resources

management activities in the agricultural sector depends on the exposure of the communities to

information, knowledge and skills that will make them appreciate the environmental problems

and demand services in that area.

SLM activities at community level have suffered in particular due to the absence of Land

Resources Conservation Officers at EPA levels who instead are at district level. In general most

sectors at Balaka, Neno and Mwanza are represented by officers at acting positions indicating

that the districts are not appropriately staffed. Despite these problems, coordination at District

Council level is much better through the District Environment Subcommittee of DEC than at

headquarters. There seem to be however a problem of double reporting to the District Councils

and to the Departmental headquarters.

3.5 Donor Cooperation Frameworks in Support of SLM

There has to date been little experience with forms of donor support to SLM that are not

fundamentally project-based. This reflects the limited progress that has been made in moving

towards programmatic approaches to SLM in comparison with some other sectors. The overall

determinant of success is likely therefore to be the effectiveness of national leadership to ensure

coherence among related initiatives. Lack of national leadership leads to the conclusion that

policies and projects are donor driven and therefore not sustainable beyond their life time The

World Bank supported Shire River Basin Management Programme is one of the first attempts in

programmatic approach to SLM.

A number of NRM projects by Government and NGOs are supported by cooperating partners. In

particular for the Shire River Basin there are a number of donors supporting Malawi

Government in the management of this economically important ecosystem. The support by

cooperating partners is usually in line with their policies as elaborated in their various

cooperation frameworks. A number of these operational frameworks have objectives and

strategies that are relevant to SLM. Below is a review of selected donor frameworks:

3.5.1 United Nations Development Assistance Framework in Malawi

In its current United Nations Development Assistance Framework (UNDAF) 2012-2016, the

UN family has identified the following strategic areas: (i) Poverty Reduction; (ii) HIV and

AIDS; (iii) Children and Young People; (iv) Gender; and (v) Sustainability, as the strategic

development priorities of its interventions in Malawi. Sustainability is included as key realizing

the importance of integrating social, economic and environmental sustainability issues in

sustainable development discourse and planning and these are also the tenets of SLM. UNDAF

realises that:

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Potential benefits of sustainable natural resources management for the achievement of

key development objectives are not sufficiently reflected in national, sector or district

level planning, budgeting and implementation due to capacity gaps; and

Better integration of sustainable goals requires more detailed analysis on the links

between environmental, economic and social sustainability on pro-poor development,

capacity development, coordination across government and budget allocation on

environment and natural resources management.

One of the important lessons from the evaluation of the past UNDAF is that alignment should

not only be confined at the level of the country’s overarching MGDS but also to the sector

policies and programmes. Relevant to SLM the UNDAF has included among its expected

outputs “to provide strategic focus on climate change and natural resources management” and

outcomes around issues concerning climate change, natural resources management and disaster

risk management. The UN and other cooperating partners will continue to support Malawi

Government in implementing a national programme on climate change and sustainable NRM as

part of the national development agenda.

3.5.2 FAO Malawi Country Programme Framework (CPF)

The Food and Agriculture Organisation (FAO) has a long history of supporting Malawi through

the implementation of agricultural and natural resources management initiatives. It is currently

supporting government efforts in promoting the implementation of climate-smart agriculture to

build resilience in agriculture. In addition FAO is supporting a number of CA initiatives in the

country and with other donors has provided support for establishment of the National

Conservation Agriculture Task Force.

Under its current Country Programme Framework (CPF) 2013-2015, FAO will in the coming 3-

5 years continue supporting the government to design and implement a comprehensive and

holistic climate change program integrating sustainable environment and natural resources

management in agriculture. Additionally FAO will continue supporting the government in

promoting sustainable development and utilisation of natural resources such as forestry and

fisheries. It will also support the government in implementing the 2002 land policy and related

legal reforms that aim at securing land tenure and promoting equitable access to land which to a

large extent support SLM.

Specifically and more relevant to SLM, FAO will:

Support government in integrating sustainable environment and natural resources

management in agriculture with the overall national development taking into

consideration the contribution of fisheries and forestry, and the possibility of creating

green jobs opportunities;

Promote the securing of land rights for poor small-scale farmers through advocating for

implementation of land policy and legal reforms and supporting the monitoring of

implementation of the land policy;

Facilitate the development of rural land use planning policy and guidelines;

Support work on land use classification, land suitability assessment/mapping and soil

fertility mapping to guide crop suitability; and

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Support government to integrate climate-smart agriculture in ASWAp to promote

resilience in agriculture within the national climate change programme.

3.5.3 British Department for International Development (DfID)

The DfID’s Country Operational Plan (COP) for Malawi for the period 2011 – 2015 is aligned

to MGDS II and also complements its planned regional work which includes promoting climate-

smart agriculture and food security, maternal health, HIV and AIDS, trade and regional

integration and climate change. With other British agencies it has a joint UK Action Plan on

climate change in Malawi. DfID’s bilateral work focuses on local adaptation to climate change

and energy efficiency. It has also provided seed funding to the World Bank on carbon finance

mechanisms which have significant potential to leverage resources to protect Malawi’s

dwindling forests. These NRM-related initiatives in the area of climate change adaptation and

mitigation are supportive to SLM.

3.5.4 The World Bank Country Assistance Strategy

The Country Assistance Strategy (CAS) 2012-2015 of the World Bank for Malawi is also fully

aligned with the MGDS II adopted in April 2012 and the subsequent Economic Recovery Plan

(ERP) launched in October 2012. The strategy is built around three themes; (i) Promoting

Sustainable, Diversified and Inclusive Growth; (ii) Enhancing Human Capital and Reducing

Vulnerabilities; and (iii) Mainstreaming Governance for Enhanced Development Effectiveness.

CAS is aligned with the Bank’s Africa Regional Strategy which has two pillars: competitiveness

and employment, and vulnerability and resilience and is built on a foundation of governance and

public sector capacity. Under its theme of Promoting Sustainable Diversified and Inclusive

Growth, one of its expected outcomes is to achieve increased productivity and

commercialisation of agriculture and sustainable management of water resources for multiple

uses.

The Bank intends to support efforts of government towards diversifying the economy and

increase productivity, particularly for crops and exports, and build land and water resource

management and institutional capacity. The Bank’s support in land policy and legal reforms,

irrigation and recently, the 15-year Shire River Basin Management Programme under the

Ministry of Water Development and Irrigation is a manifestation of its commitment to SLM

principles.

3.5.5 Japanese International Cooperation Agency (JICA)

JICA Malawi’s programme is fully aligned to the Malawi Growth and Development Strategy

and ASWAp. Of direct relevance to SLM is the fact that it has embraced the ASWAp pillar –

Sustainable Land and Water Management whose components are sustainable land management,

sustainable water management and irrigation development, and sustainable management of the

effects of climate change. The following projects are being implemented by JICA: (i)

Sustainable Land Management Promotion Project in Mzuzu ADD, (ii) Development of Medium

Scale Irrigation Schemes in Blantyre and Machinga ADD and (iii) Community Vitalisation and

Afforestation in the Middle Shire (COVAMS).

COVAMS is basically a capacity building project which started in 2007 whose goal is to

mitigate siltation into the Shire River. Its purpose is to ensure that productive activities including

tree growing and soil erosion control are being implemented with consideration of forest

conservation and rehabilitation in the target villages in the Middle Shire. The second phase of

the COVAMS covering the next five years will work hand in hand with the UNDP/GEF SLM

pilot project in the same four districts.

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3.5.6 The Royal Norwegian Embassy Development Cooperation

The Royal Norwegian Embassy supports Malawi’s actions to realise the vision and the main

objectives put forward in the MGDS. Its key areas for long-term cooperation with Malawi

include governance, health and HIV and AIDS, environment and natural resources and gender

The Royal Norwegian Embassy supports SLM through its various projects under the strategic

area of environment and natural resources notably the Lake Chilwa Basin Climate Change

Adaptation Programme implemented jointly by the Leadership in Environment and

Development, the Forestry Research Institute of Malawi and the World Fish Centre and the

support it provides to Mulanje Mountain Conservation Trust.

The interest in ENRM shown in different Donor policies do not always translate into increased

funding to ENRM sectors. While different donors are aware of the importance programatic

approach in support of government’s priorities, it was learn during consultations that during the

design stage of the GEF/UNDP SLM project the donor community and the private sector were

invited to join hands but they never came forward. Millennium Challenge Account chose to

implement in the upper Shire River and the World Bank SRBMP is overlapping other projects

because it covers the whole Shire Basin.

3.6 Policy Gaps, Conflicts and Complementarities

The most often cited policy conflict among stakeholders is that between agriculture and water

policies in terms of buffer zone along river channels. Critical analysis has however shown that

although it is observed that farmers cultivate up to the riverbanks, written agricultural policies

are against that although they are not explicit in terms of providing limits while the water policy

provides limits which are difficult to enforce. It is true that winter cultivation taking advantage

of residual moisture is advocated, this should not be mistaken as promoting use of river banks

for cultivation. The treadle pump use also seem to lend credence to the conflict debate where

water delivery pipes are too short to avoid cultivation of river banks. There is consistence in the

two policies but the difficult arises at the implementation level.

Gaps exist in terms of old policies that need to be reviewed to incorporate some immerging

issues that support SLM. The National Land Resources Management Policy and Strategy is one

such policies that is much overdue for review that will strengthen guidance in SLM effectively.

A gap also exists due to the absence of the National Land Use Planning Policy that will guide

planning and management of both urban and rural areas as provided for by the 2002 national

land Policy. This will help to enforce planning requirements and development and therefore

support SLM.

Stakeholders expresed the view that one of the glaring gaps that contribute to poor

implementation of existing policies is lack of implementation frameworks. Policies are

developed without considering how they are going to be implemented, by who, when and using

what resources. Policies also have no monitoring instruments to track progress of

implementation and provide signals for improvements in implementation process.

Involvement of private sector institutions in NRM activities is left to individual institutions with

guidance of their respective Corporate Responsibility policies. It was the view of some

stakeholders that for this to have maximum impact, private sector involvement should be

coordinated through a deliberate policy by Government to mandate all private sector institutions

to controbute to the course of NRM for the sustainable development of the country. Otherwise

the individual private sector contributions are too small to make meaningful impact on the

environment.

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The fact that there are many policies on NRM in different sectors does not by itself represent

conflict or overlap of policies and mandates. The many policies do complement each other in

ensuring that all aspects of NRM are covered holistically. The problem is however the absence

of a coordinating mechanism at national level for NRM sectors. The EAD which is mandated by

EMA to coordinate such sectors is ill equiped in terms of capacity and financial resources. The

inter-departmental coordination mechanism of EAD and National Environmental Focal Points

Steering Committee is not functional. The creation of a independent National Environment

Protection Agency as provided by NEP2004 will perhaps address this gap.

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CHAPTER FOUR: LEGAL AND REGULATORY FRAMEWORK

As stated earlier the supreme law of the land, the Malawi Constitution, provides solid grounds

for developing, implementing and enforcing policies and legislations that will ensure sustainable

environmental management.

4.1 The Environment Management Act

The Environment Management Act (1996) (EMA) gives strength to the principles outlined in

the NEP 2004 to the extent that wherever sectoral legislation conflicts with the EMA the latter

shall take precedence. It provides for the creation of regulations on all aspects of environmental

management, so that gaps or inconsistencies in sectoral legislation may be easily rectified. It

creates, for the first time, a firm legal framework for environmental impact assessment (EIA)

and environmental audit. Following this National and sector specific EIA Guidelines were

developed and approved. These formed the main instruments for ensuring environmental, social

and economic sustainability of interventions in all sectors.

Most importantly, the 1996 EMA established a National Council for the Environment with

considerable powers to mediate in situations of conflict, and it accorded to the Environmental

Affairs Department responsibility for the co-ordination of environmental monitoring,

interventions and investments in the environment/natural resources sectors and environmental

education and awareness-raising. Just as the NEP 1996 and 2004 provided a structural

framework for policy development across many sectors, so the EMA provided a legal

framework for the development of new sectoral legislations.

As stated earlier, NEP 1996 was revised and in existence is now NEP 2004 which among the

main innovations establishes the National Environment Protection Agency that will have more

powers as an independent national environmental watchdog. This necessitated the review of the

1996 EMA; unfortunately the draft revised EMA has been on the shelf since 2006 and has seen

revisions under different Ministers but has not been enacted to date. It is hoped that once the Act

is in place the enforcement and institutional mechanisms for support of NRM and SLM across

sectors will be enhanced.

4.2 Agricultural Land Use and Management

In the agricultural sector legal and regulatory frameworks in direct support of SLM is

conspicuously missing. Extension has depended on persuasion to promote SLM and other

activities leaving nature to punish the offenders through decreased production. Unfortunately

effects of bad land management have social impacts that transcend those directly responsible.

The adoption of pluralistic, demand driven extension system while consistent with

Decentralization Policy and Local Government Act has left NRM at the mercy of local

institutions and communities to demand and often has not received priority. On the other hand

the Ministry has not taken advantage of the provisions of EMA to develop control orders to

regulate agricultural use of environmentally fragile areas and as a result degradation has

continued unabated.

While extension needs to continue assisting farmers that use marginal areas with appropriate

conservation measures, there is need to strengthen compliance to SLM in the agriculture and

related sectors by developing an Agricultural Land Use and Management Act that will

stipulate incentives and punitive measures in that area. The draft which was developed

sometime back needs to be revisited and revised to incorporate some emerging issues that are

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consistent with SLM. The Act should set maximum slope allowable for cultivation and stipulate

the buffer zone along river banks not allowed for cultivation.

4.3 Land Related Laws

In the land sector the legal and regulatory regime is characterized by old instruments that are not

in line with the progressive aspirations of the 2002 National Land Policy. A special Law

Commission on Land Related Laws was appointed and commenced its work in March 2003.

The Commission endeavoured to translate the findings and recommendations of the 2002

National Land Policy into Law by considering the existing legal framework and several research

findings including the report on the Presidential Commission on Land Reform. The Commission

completed its work in March 2010, various Acts were amended and new bills drafted which are

yet to be enacted. It is claimed that this delay in enacting the amendments and bills has delayed

the implementation of several provisions of the policy that aim at improving tenure security,

land administration and management and potentially lend support to SLM efforts. It is hoped

that the new bills and amendments will be legislated in the Budget Parliament seating of

May/June 2013 and any shortcomings will be identified during implementation that will

necessitate appropriate amendments to the SLM aspirations.

According to the Special Law Commission, 2006 eleven bills were drafted and these are the

following:

Land Bill, 2012;

Customary Land Bill, 2012;

Registered Land (Amendment) Bill, 2012;

Physical Planning Bill, 2012;

Forestry (Amendment) Bill, 2012;

Mines and Minerals (Amendment) Bill, 2012;

Land Survey Bill, 2012;

Land Acquisitions (Amendment) Bill, 2012;

Local Government (Amendment) Bill, 2012;

Malawi Housing Corporation (Amendment) Bill, 2012; and

Companies (Amendment) Bill, 2012.

All the new bills and amendments are meant to align the land related laws to the 2002 National

Land Policy which among other things seeks to improve tenure security and promote public

participation in land administration and management and to that effect the bills do not contradict

the principle of SLM. The provisions in the Bills are summarized in Annex E. It should be noted

that the different bills address different issues and are under the jurisdictions of different

ministries and departments and cannot be combined into one as has been suggested in other

quarters.

The following are some of the provisions which directly or indirectly support SLM objectives:

Part V; Section 37 of the Land Bill gives power to the Minister from time to time, by

order published in the Gazette to make provisions for regulating, managing and

controlling the use of all land other than public land or private land situated within a

City, Municipality or Township. Such order will make provisions regulating and

controlling the use to which land may be put, the method of cultivation and growing of

crops and keeping livestock, the maintenance of proper drainage of such land and the

fencing, hedging and modes of access to such land, the preservation and protection of the

source, course and banks of streams and generally for the good management and

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conservation of the soil, water, woodland, pasture and other natural resources thereof.

Under Customary Land Bill Customary Land Bill any local government authority having

jurisdiction in any village may advise the Minister to declare any customary land as

hazardous land if in its opinion it is necessary to do so. The bill defines “hazardous

land,” as land the development of which is likely to pose danger to life or to lead to the

degradation of or environmental destruction on that or contiguous land and includes:

(a) Mangrove swamps and coral reefs;

(b) Wetlands and offshore island in the sea and lakes;

(c) Land designated or used for the dumping of hazardous waste;

(d) Land within sixty (60) metres of a river bank or the shoreline of an inland lake;

(e) Land slopes with a gradient exceeding any angle which the Minister shall, after

taking account of proper scientific advice, specify;

(f) Land specified by the appropriate authority as land which should not be

developed on account of its fragile nature; or

(g) Land specified by an appropriate authority as being land which should not be

developed on account of its environmental significance.

It is significant to note condition (d) above that seems to differ from the condition given in the

Water Resources Policy that talks of the 477 meters above sea level line around Lake Malawi

and a hundred –year flood line for the rivers as a limit for cultivation.

The same Customary Land Bill creates Customary Land Committees and gives them the

functions of managing customary land on the basis of the principle of sustainable development

considering the relationship between land use, natural resources and the environment.

4.3.1 The Forest Act

The Forestry Act, 1997 regulates management of trees and forests under customary and private

land as well as in protected areas. It provides for establishment of Forest Management

Agreements between communities and the Department of Forestry that enhance co-management

of forest resources. Forest Management Agreements lay the foundation for sustainable forest

management. It also provides for penalties for forest offences as well seizure of forest products

and articles by forestry officers and police officers.

As far as fire management is concerned the Act is very clear on its prohibition, declaration of

fire protection areas and the assistance to be rendered in fire fighting. It declares that,

“No person shall light or cause to be lit a fire in any village forest except with the authorization

of the management authority subject to the provision and conditions of the forest management

agreement. Any person who lights a fire in or near a forest reserve, protected forest area or

village forest area shall take all necessary precautions to prevent the fires escaping from control

and shall be liable for any damage to the forest reserve, protected forest area or village forest

area caused by any failure to take such precautions”.

Fire is a good management tool, but if it is uncontrolled it’s the cause of forest and grassland

degradation in many parts of Malawi including the Shire River Basin. The law allows fire only

under the provisions and conditions of forest management agreement which has to do controlled

fire burning as a management tool that also promotes natural regeneration. The law must

emphasise the role of local leaders and communities through fire management subcommittees of

VNRMCs in fire control and management which is currently missing.

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4.3.2 The Mines and Minerals Act

The Mines and Minerals Act Cap 61:01 of 1981 empowers the Department of Mines to create

an orderly and environmental sustainable mining industry by among other things ensuring that

mineral rights are only granted after taking into account the need to conserve the natural

resources in or on the land over which mineral right is sought and after EIA studies. In addition

mineral rights are expected to be granted with conditions to prevent, limit or treat pollution and

minimize effects of mining in adjoining or neighbouring inhabitants. Conditions for the

rehabilitation of area damaged by prospecting or mining are also included in the licence.

Sharing of benefits from mining operations with the surrounding communities is potential cause

of future conflicts. The mining agreements should clearly stipulate the corporate responsibilities

of the mining entities to the surrounding communities and to the nation.

4.4.3 Other Relevant Laws

4.4.3.1 National Water Resources Act, 2013

Provides for the establishment of the National Water Resources Authority to replace the

National Water Resources Board and paves way for the establishment of River basin authorities

such as the Shire River Basin Management Authority and sub catchment management units. The

strength of this for SLM is that the Authority will have powers to enforce planning and

management requirements for sustainable utilization of resources in the Shire River basin.

4.4.3.2 National Parks and Wildlife (Amendment) Act, 2004

The Act provides for the declaration of protected areas of public land; national parks, wildlife

reserves or nature sanctuaries and creates the necessary governance and funding frameworks for

their management. The purposes of these protected areas, according to the Act, are: to preserve

selected examples of biotic communities of Malawi and their physical environments; to protect

areas of aesthetic beauty and of special interests; to preserve populations of rare, endemic and

endangered species of wild plants and animals; and to assist in water catchment conservation,

among others.

The Act strongly prohibits any activity in the protected areas that would destroy animals, plants

and aesthetic value of the environment such as entering and residing without authority, use of

weapons, traps, explosions or poisons, setting of fire, deposition of litter or waste, cultivation,

prospecting for minerals and mining. It stipulates penalties for would be offenders, which this

review considers not adequate to deter offenders. The Act also regulates commerce in wildlife

and its specimens with the goal of better safeguarding the resource.

It is the considered view of this review that the National Parks and wildlife (Amendment) Act,

2004 provides adequate legal support for the implementation of the policy. The implementation

of the Act, however, is constrained by a number of factors including human resource and

financial resources and lack of alternative sources of income for boarder zone communities.

4.4.3.3 Irrigation Act, 2001

The Act makes provisions for the sustainable development and management of irrigation,

protection of the environment from irrigation related degradation, establishment of the National

Irrigation Board, the Irrigation Fund and other matters related to irrigation development in

Malawi.

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It mandates farmers to maintain irrigation canals, drains and other associated infrastructure in

their holdings and prohibits people from engaging in practices which are destructive or

potentially destructive to the catchment area of a river that provides water for irrigation. It

prohibits livestock grazing, setting or causing to set fire on irrigation schemes or farms.

Recognizing the destructive effects of fires, puts the responsibility for averting, fighting or

extinguishing fire on irrigation schemes or farms in the hands of everybody. The Act is silent on

the maintainance of buffer zones along riverbanks but as can be seen above it prohibits any

action that are destructive to the catchment.

Although the Act embraces some aspects of SLM, it does not stipulate the requirement for EIA

as a prequisite for irrigation development as aluded to in the Irrigation Development Policy and

Strategy 2011 which it predates. This speaks to the need for the review of the Act especially in

the light of the Green Belt Initiative that intends to expand area under irrigation considerably

and the potential environmental impactssuvh as salinization that this might bring.

4.4.3.4 The local Government Act

The Local Government Act (1998) supports implementation of the Decentralization Policy by

giving powers to the local authorities for planning and development of the areas under their

jurisdictions. It devolves authority and relocates capacities from the centre to the local

assemblies. The Local Assemblies have responsibility to ensure sustainable management of

natural resources in their jurisdiction. However, devolution of authority has been slow and

implementation of programmes is constrained by human and financial resources limitations.

4.5 Gaps, Conflicts and Complimentarities Within Legislations

The current analysis concludes that the existing legal regime provides adequate regulatory

framework for the promotion of SLM in Malawi. If properly implemented and enforced the

level of land degradation currently observed would have been checked. However, the obvious

gap exists in terms of regulating use of agricultural land to the detriment that environmentally

fragile areas are deforestated and used without adequate protection measures. This requires

urgent attention by fasttracking the formulation of Agricultural Land Use and Management Bill.

SLM will receive a boost with the enactment of this bill as it will prescribe measures to be taken

to sustain the productivity of the land based resources.

Within the respective Acts, there are differences in how the environmental objectives and

strategies are expressed, but in general there are expressed in their aspirations to safeguard the

environment in undertaking the different sectoral mandates. This can be improved by making

use of the Environmental Sustainability Creteria Framewok (ESCF) produced by the EAD

which gives the issues, the principles and sustainability indicators for each sector. To a certain

extent the various existing Acts can be considered to be mutually supportive and compliment

each other although at operational level differences might occur due to coordination and

interpretation problems.

The apparent conflicts which generally occur at implementation level arise as a result of

differences in interprentation and limited coordination at that level. With the development of

National Guidelines for Natural Resources Management under the Shire River Basin

Management Programme, it will complement the streamlining of SLM approaches and messages

by different players and will reduce the occurrence of conflicts at community level.

Malawi Government (2012), on issues for national Climate Change Policy lists a number of

gaps, contradictions and overlaps among sector biodiversity laws and policies as follows:.

The Forestry Act and Fisheries Conservation and Management Act make reference to

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the duties of environmental officers in execution of obligations under both Acts but

the Environmental Management Act (EMA) itself does not provide for this;

The EMA gives an opportunity for officers at local government level to perform

certain duties on biodiversity conservation but these duties are not supported in the

Local Government Act and the National Decentralization Policy;

In a number of sector biodiversity acts such as forestry, fisheries and wildlife the

penalties are perceived to be lenient and not deterrent enough. A number of offences

committed under the Forestry Act (1997) have penalties ranging from MK5, 000 to

MK20, 000.

The National Land Policy provides for fragile areas such as steep slopes, wetlands

and areas susceptible to flooding to be zoned to prevent or minimize the adverse

environmental impact of cultivation and other developments such as housing under

objective 6.4.1(d) of the policy, whilst the National Water Policy advocates for

buffer zones around the same areas. These two policies can also contradict with the

aim to attain food security under the agriculture sector where cultivation in dambos is

encouraged.

4.6 Impact of Current Policies and Legislations on Communities

The general outcry about the current policies and laws is that there is limitted effective

participation of communities during their formulation. As a result the awareness levels by

communities of existing policies and laws including their rights on land is at best limiting. In

instances where they are aware they lack resources to implement them. This is made worse by

inadequent extension services available at grassroot level due to human resource and financial

constraints of their local assemblies. Lack of adequate research on alternative policy options as

they affect or are affected by the environment lead to formulation of policies that do not address

existing problems adequately. The programmes introduced by different stakeholders are also not

affirmative as they are often seen as doing too little and too late for any meaningful impact on

the communities given the nature and seriousness of existing environmental problems. Most of

initiatives mainly look at ecological sustainability of the landscapes without addressing the

plight of the communities in terms of their livelihoods. The perspective by the resource users

who are mostly preocupied with their immediate suvival strategies tend to highly discount the

need for NRM initiatives.

Policies promoting community participation particularly in the Forestry sector through

development of Management Agreements and impowement of the local leaders have had

positive impacts on both the communities and the resources they are managing. There are signs

that previously degraded village forest areas have been left to regenerate, thanks to the policy of

decentralized environmental management. On the other hand, policies that demonise charcoal

production instead of promoting its sustainable production and use, providing alternative sources

of income and alternative sources of energy have tended to put the resource users on a collision

path with the law creating animosity between the enforcers and the communities.

In agriculture, the impact of constant policy changes and pricing create uncertainilities that

affect farmers to make land use decisions. This might cause reduced investments in land

improvements and therefore ecourage degradation. Some policies such as subsidized agricultural

inputs have had positive impact in addressing food insecurity at national level but its

sustainability is questionable given its donor dependency nature.

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4.7 Environmental Sustainability Principles

For the different policies and Acts to be fully SLM compliant they must embrace sustainablity

principles relevant to each particular sector as indicated in the ESCF produced by EAD and the

Guidelines for Integrating Environmental Sustainability and NRM Issues in Policy and Planning

Process (draft) produced by the Office of the President and Cabinet.

The later calls for adequate stakeholder consultations, in-depth analysis of policy options in

particular regarding their impacts on environment and other issues when formulating policies at

all levels. The ESCF provides principles and sustainability indicators that would enahance

responsiveness to SLM in specific sectors. For example, in agricultural sector it advocates

policies and legislations that aim at ensuring the economic viability of agricultural production,

the natural resource base and other ecosystems that are influenced by agricultural activities. In

water the principles of Integrated Water Management (IWM) which among other things

recognise that water is a finite and vulnerable resource, the need for participatory approaches in

water management, the centrality of women in the provision and management of water and that

water has an economic value. Details of the principles are indicated in Annex F.

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CHAPTER FIVE: INSTITUTIONAL ARRANGEMENTS AND COORDINATION

Institutional arrangements and coordination are important factors in the overall management of

natural resources. Governance of natural resources naturally begins from the social and

economic policies formulated by government which call for openness and transparency,

inclusiveness and communication, coherence and integration, equity, accountability, efficiency

and responsiveness and sustainability (Rogers, P. and Alan W. Hall, 2003). The institutional

framework for delivery of environmental management in Malawi is well explained in the

Strategy for the Decentralization of Environmental Management (Malawi Government, 2001), it

can be urgued that SLM can also be delivered through the same framework. However, problems

of coordination at national level arise partly due to formation of parallel and project based

coordination mechanisms that do not respect those established by law.

5.1 Public Sector institutions

A closer look at the discussion in Chapter II reveals the fact that while public sector institutions

exist in the districts, there are still some gaps and challenges that occur and this is perhaps why

so many other players are engaged in SLM activities to “complement” government efforts in the

delivery of its services. The efforts of these players are commendable but they cannot be seen to

effectively deal with the real challenges experienced on the ground since there seems to be

continued land degradation within the Shire River Basin and each player is engaged in activities

that may not be congruent with the objectives of others.

The above scenario is even made worse by the country’s lack of a national-level environmental

protection agency which would otherwise enjoy sufficient authority and resources to close this

gap. Consequently, institutions responsible for environmental protection within the basin

compete for resources and recognition against those arms of government and the private sector

institutions with the authority and adequate financial resources to utilise the Shire Basin’s

resources. The constitutional requirement for a clean and safe environment is not matched with

institutional arrangements and financial resource allocation necessary to make a positive impact.

5.1.1 National level

A National Council for the Environment was created under EMA 1996 with considerable

powers to mediate in situations of conflict, and it accorded to the EAD responsibility for the co-

ordination of environmental monitoring, interventions and investments in the

environment/natural resources sectors. It is perhaps with this in mind that EAD coordinates the

UNDP/GEF SLM project in the Shire River Basin. After all EAD is the guardian of the

overarching NEP and EMA to which all the NRM sectors are supposed to align. On the other

hand the Department of Lands in the Ministry of Lands, Housing and Urban Development is the

custodian of the National Land Policy and the various Land Acts which guide ownership, tenure

and land administration which affect the other sectors. While DRLRC within the Ministry of

Agriculture and Food Security (MoAFS) is mandated by its policy to ensure sustainable land

management for agriculture and other uses, it restricts its influence only in the agricultural

sector.

The Departments of Water Development, Irrigation, National Parks and Wildlife and others

have sector mandates and obligations provided by their policies to ensure sustainable

management. Despite being at the same level institutionally with these Departments the

Environmental Affairs Department (EAD) in the Ministry of Environment and Climate Change

Management (ME) has the supreme responsibility over how natural resources are used and

managed within the country. This responsibity lacks matching authority and power to effectively

coordinate NRM issues. It must be noted that at national level, there is no functional mechanism

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for coordination of environment and natural resources issues among ministries and / or

departments. There are however programme/ project spacific coordination arrangements in the

form of Steering Committess or Technical Committees for example under the SRBMP and the

SLM Technical Working Group under ASWAp. This is all the more reason that an independent

National Environment Protection Agency is prposed to be created under the revised EMA which

is not yet enacted.

At the national level, as would also apply at the district level, challenges and gaps have been

identified as they apply to institutional arrangements and coordination (Hirji, R. et al, 2002) and

these include the following:

Entrenched sectoral policies, programmes, laws and institutional arrangements which

will need closer inter-ministerial coordination and new and innovative approaches for

national development planning and for integration of environment in decision-making in

the public and private sector;

Lack of qualified staff, expertise, funds and equipment to implement and enforce many

existing national laws and international conventions; and

The need to de-emphasise command and control regulatory approaches to environmental

protection and management and move towards wider use of economic instruments and

legal incentives as well as empowerment of local communities in the management of

natural resources on which their lives depend.

From the foregoing, there are still deficiencies in how the public sector institutions operate

because of the apparent independence they hold in executing their goals and objectives without

taking account of integration. This is made worse by apparate professional protectionism that

confins sectors not to open up for ideas from other sectors.

5.1.2 District level

The implication for SLM under decentralization is that the District Councils (DCs) are the lead

agencies for ensuring that SLM is mainstreamed into the process of District Development

Planning. This entails that SLM, must therefore, be considered an integral part of the District

Development Plans (DDPs) and the mainstream function of the Area Development Committees

(ADCs), Village Development Committees (VDCs) and Community Based Organizations

(CBOs), as well as the District Executive Committees (DECs) and Area Executive Committees

(AECs) in the reparian districts.

Periodically, the District Councils within the Shire River Basin prepare their DPPs which are

reference documents for implementation and monitoring of activities as well as utilisation of

resources within the district. These plans are supposed to be referred to by among others, the

DCs, the DECs, (AEC), the ADCs, the VDCs, parastatal organisations, NGOs, CBOs,

development partners and private sector institutions. All interventions in the districts by the

various stakeholders are therefore expected to be in conformity with the DPPs.

For agriculture purposes, the basin is covered by a number of Agricultural Development

Divisions (ADDs) including Lilongwe ADD in terms of the area falling under Ntcheu District,

Machinga ADD in terms of the area falling under Machinga, Balaka and Zomba districts,

Blantyre ADD for the catchments in Neno, Mwanza and Blantyre districts and Shire Valley

ADD for the area under Chikhwawa an Nsanje Disticts. The implications of this in terms of

implementing and coordinating basin wide activities is significant and the establishment of the

Authority will assist to bring together districts belonging to different ADDs.

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At the District Council level most of the NRM related departments at the national level are

represented to carry out their sector specific mandates. The coordination at this level is

considered adequate as the Departments’ representatives are members of DEC and they sit in all

planning and coordination meetings. Joint planning and monitoring of field programmes is

implemented much for the reason of reducing expenses than for promoting synergy in

implementation. Most of the district staff responsible for environmental management within the

Shire River Basin including, in this case SLM, are those that have received delegated

responsibilities and are in acting positions meaning that they may not be fully trained and

qualified in SLM.

Because of shortfalls in District Councils’ annual financial allocations, some of the districts if

not all are unable to adequately implement their 5-year development programmes. Inadequate

funding was reported either as a result of underfunding from line ministries, misallocation or

diversion of resources to other prefered programmes including addressing some unforeseen

occurences such as extream weather events. Almost all the four districts visited lamented that

the UNDP / GEF SLM project disburses funding to the districts often too late and eratically.

This affects most of the time bound activities of SLM and the districts feared that most of the

planned activities of project may not be implemented within the specied timeframe.

Another challenge has to do with the fact that line ministries still have control over their staff in

spite of responsibilities being devolved to the District Councils through the Decentralisation

policy. Line ministries more often than not give direct instructions to their members of staff and

with most of them doing the same, there is disaggregation of activities and no coordination.

Lack of incentives,

technological capacity,

knowledge and skills all

contribute to inadequate

delivery of services by staff

who do not posses such

qualities or are in want of

capacity building. The levels

of infrastructural

development are sometimes

so prohibing that they offer

no incentive for staff to opt

and work in some districts

(See plate above). Since

some roads for instance are

only graded once per year

during the dry season, they

are also “rivers of mud”

preventing communication

between settlements a picture

which is taken as lack of interest by government to improve people’s welfare. Under such

economic dispensation, developmental messages are seldom taken seriously more so those that

have to do with SLM.

For SLM to take root in the Shire River Basin besides improving the staffing levels of NRM

sectors at District Council level and providing adequate training in SLM, a number of other

issues including the improvement of road infrastructure and other facilities that would attract

high caliber staff to be retained in those districts need to be addressed.

Figure 6: One of the principal roads leading to Neno Boma

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5.1.3 Local/ Community level

Although decentralisation has brought government’s operations closer to the people, it must be

recognised that decentralisation alone cannot effectively have a quick positive impact on the

people if poverty-reduction programmes and projects do not take into account formation of

local-level institutions and uses local knowledge. Formation of local-level institutions is

important since those assuming office have specific knowledge on the needs of local people and

how these needs can be addressed. However, it has been observed (WRI, 2005) that the intended

benefits of local democracy and for the poor largely remain unrealised due to flawed

implementation of reforms. Yet it is necessary to take into account the fact that the choice of

which institutions to empower with new management or decision-making responsibilities and

the way those local institutions are accountable to the people, have profound implications for the

effectiveness of decentralisation.

At the local level, government has facilitated the formation of a comprehensive structure that is

responsible for the management of natural resources and these structures are found in almost all

the districts of the Shire River Basin. The lowest level consists of a Village Natural Resources

Management Committee (VNRMC) that is also responsible for carrying out development

projects that may exist within the village or villages including SLM initiatives. However, the

slow progress, registered in relation to SLM can be attributed to several reasons which all point

to the total lack of empowerment at the local level to enable the committees effectively manage

what is “their own”. Because they have no alternative sources and facilities to effectively

manage and control use of resources, they fall victim of the very issues they are supposed to

prevent. For effective implementation of SLM VNRMCs need to be empowered with knowledge,

formulation and enforcement of bylaws related to SLM.

Local empowerment is important because it provides the community with a strong voice where

often they had none. In addition, local empowerment also restores their traditional norms of

practice and local rights that could or were lost through centralisation of governance of state

resources (WRI, 2005). What therefore remains in the various sub-basins of the Shire River

Basin is to strengthen the existing committees into powerful institutions with clear mandates in

the use and management of resources including the provision of incentives, awareness and

building capacity so that they are able to effectively carry out their roles in accounting,

monitoring, planning, and dispute resolution. The levels of deforestation within the Shire River

Basin are alarming particularly with regard to the amount of wood made into charcoal. To deal

with this problem, a number of solutions can be proposed but at community level the following

will have positive impacts:

Removal of any incentives that promote the unsustainable use of forest products

such as provision of financing system which allows individual rights to land when

the individual uses it and clears land for agriculture;

Provision of economic incentives for conservation at the national level such as

through tax concessions for agencies that support or carry out conservation work and

research; and

Provision of economic incentives for conservation of natural resources to local

communities close to forests and other lands such as financial support for individual

conservation efforts like terracing such as is being done in Balaka or afforestation

and creation of a revolving community development fund.

At the district level therefore it would be necessary to include the required budget lines for these

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functions in the annual financial allocations as well as creating a strong working relationship and

partnership between the District Commissioner, traditional leaders and communities.

5.2 Private Sector institutions

The Shire River Basin’s resources are exploited by a number of several small to large private

sector institutions which include those in the hospitality industry, water supply, power

generation, agriculture and

others. Because of the

relatively poor state of the

basin, some of these

institutions face serious

challenges in their

operations due to pollution

from aquatic weeds which

have to be removed

regularly and mechanically

by ESCOM, siltation of the

main abstraction point of

the Blantyre Water Board

(BWB) which is

periodically dredged or

simply due to low water

levels which makes

abstraction of water for

sugar irrigation difficult. Similarly, during times of high water levels in the Shire River when its

tributaries bring in huge volumes of runoff, the water is heavily laden with silt and consists of

high turbidity warranting huge costs of water treatment and purification by the BWB at Nkula as

well as the Southern Region Water Board (SRWB) at Liwonde.

These private sector institutions, including State Corporations, however are independent entities

and operate on their own with SRWB, BWB, Illovo only benefitting from the power they

purchase from ESCOM. They therefore do not have a relevant structure under which they would

jointly undertake their social corporate responsibilities and each reports to the relevant ministry

with BWB reporting to the Ministry of Water Development and Irrigation (MoWDI), ESCOM

reporting to the Ministry of Environment and Climate Change Management and Illovo to the

MoAFS when need arises. Other private institutions such as hotels and lodges and the

transportation industry within the basin equally report to their respective public authorities, in

this case the Ministry of Works and Public Infrastructure (MoWPI) and the Department of

Tourism respectively. In this regard, a gap exists with respect to the coordination of private

sector institutions within the basin which is most required so as to effectively regulate their

operations and invest in SLM activities which would guarantee a better environment for their

investments and reduce the cost of providing services to their customers through reduction in

cost of production.

There are two recommendations aimed at optimizing efforts in SLM by the private sector

institutions; the first has already been alluded to in the earlier section of this report, government

deliberate policy to make provision of corporate social responsibility to environment not

voluntary but mandatory. The second is to coordinate the implementation of this policy through

an institution like Malawi Chambers of Commerce and Industry initially and then later the Shire

River Management Authority.

Figure 7: A silt dredger on the banks of the Shire River at Nkula

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5.3 Non-Governmental Organisations

The Council for Non-Governmental Organisations in Malawi is the overall body that provides

administrative functions on the operation of NGOs in the country. However, the NGOs are

coordinated by different sector specific networks according to their nature of work. For example

NGOs in the environment sector are coordinated by the Coordinating Union for the

Rehabilitation of the Environment, (CURE), the NGOs in land and NRM sector are coordinated

by the Malawi LandNet and the NGOs in agriculture and food security are coordinated by the

Civil Society Agriculture Network (CISANET). It is apparent that there may be some overlaps

of membership and mandates, however, all these networks have no mandate to direct where an

NGO has to operate neither do they rule on what activities that NGO has to engage in.

Consequently, any NGO has the freedom to operate in any area of its choice a situation which

has seen the concentration of NGOs in particular districts than others due to choices and

preferences sometimes with uncoordinated approaches.

The proriferation of NGOs has an advantage that they complement government’s efforts in a

number of ways. It has however some disadvantages in that some NGOs engage in activities for

which they do not have adequate expertise just by working on emerging issues that are likely to

attract funding. SLM might fall into the same trap and it will be necessary that NGOs are

trained in SLM as well. Most importantly NGOs in the districts should work towads

implementation of DDPs.

Non-Governmental Organisations are important and effective partners of government in

development. They are well-placed to raise public awareness and build capacity at the local level

(UNEP, 2004) such as in SLM activities within the Shire River Basin. Currently, CEPA has

assisted in the development of village bylaws within the basin and this could be extended to

other areas so that communities are able to establish their own bylaws in the governance of

natural resources in their areas under local governance structures that have been strengthened

and empowered as discussed.

5.4 Local leaders

Local leaders consist of the Village Head (VH), the Group Village Head (GVH) who is the

overall leader of a group of villages, and a Traditional Authority5 (TA). These are “custodians of

tradition” supervised by the District Commissioner in all areas of social and economic

development in their areas. Some of them play vital roles in development and demonstrate

effective capacity and ability to develop their areas while others become politicised and forget

their roles of looking after their subjects as dictated by tradition. Under these conditions, when

politics takes prominence over social and economic issues, others come in to plunder their

resources leaving the environment in dire dearth.

The role of local leaders at community level in implementing NRM initiatives should not be

forgotten as it has been proven that where there is strong local leadership communities adopt

NRM or SLM technologies. Training of local leaders in concepts of SLM and leadership skills is

seen to be vital in fostering its adoption. The training should include visits to communities that

are doing well in NRM activitiesin general and SLM in particular. Their role and influence is

vital to the success of NRM.

5 This grade is graduated in several levels of authority from the Sub-Traditional Authority (STA), Traditional

Authority, Senior Chief and Paramount Chief.

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5.5 Capacity gaps

While some of the challenges being faced in the Shire River Basin can be attributed to issues of

institutional arrangements, policy inadequacies or simply business-as-usual attitudes on the part

of those that have to enforce the policy, others are as a result of implementation gaps especially

relating to human resources, skills and expertise, technology, facilities and equipment and

inadequate financial resources.

5.5.1 Human resources

As stated earlier, the decentralization has not been matched by allocation of adequate staff both

in terms of numbers and relevant expertise. As Chief Executives of the Districts the District

Commissioners need to be at higher ranks to be able to lead and coordinate activities of other

sectors at that level. They should be at high enough level to engage at almost equal level with

the Prrincipal Secretaries of the sectors they coordinate. Decentralization should not just be seen

as devolving functions but adequate authority and capacity must be shifted to the districts, close

to the communities in that way the Districts will be accountable to the communities more than to

central government as is currently the case.

All sectors at district level should also be represented by level of staff able to implement the

various activities that are envisaged to adequately deliver the outputs and outcomes under each

set objective. In the case of the Shire River Basin for instance, those entrusted with the

responsibility of environmental management and SLM in particular are currently not necessarily

those that have had relevant training in SLM. A case in point is Balaka and Neno where the

officers dealing with SLM are in acting positions. Other departments such as Water

Development are represented by officers of very low grade with the effect that they are unable to

contribute effectivelly during the planning and coordination meetings.

The agricultural extension system is poorly staffed as most sections are unmanned and some

frontline extension workers cover more than one section. The DLRC representation is only at

District level, the Extension Planning Areas do not have Land Resources Conservation Officers

as they were withdrawn following adoption of unified extension system. The extent of land

degradation and the demand on land resources conservation expertise in the implementation of

SLM in a district requires that there should also be Land Resources Conservation Officers at

EPA level.

The forest extension services that include protection of gazzeted forest reserves, promotion of

forest conservation, protection and management of forest produce, tree planting and

management, etc., are important components of SLM in the Shire River Basin. Other Districts

have District Forest Officers at acting level and limited number of poorly resourced forest

guards and patrol men to effectly enforce protection of forest reserves.

Perhaps the conclusion made by the TerrAfrica/FAO/ World Bank (2009) in their detailed

public expenditure review for SLM in Malawi on the institutional framework for SLM best

summarizes the institutional challenges currently in this sector. The study concluded that the

institutional framework for SLM is:

“striking on two aspects: its understaffing and its lack of coordination. The departments which

carry out SLM related activities are very severely understaffed: MOAFS‘s Land Resource

Department has 150 staff which is mainly field based but with a 70% vacancy rate in 2008; the

Forestry Department, with 6000 staff at district level, is handicapped by this large but

insufficiently qualified staff leaving little room in the budget for covering operating costs; staff

in the mining department are very few (16 posts filled in 2008); and, finally, the Environmental

Affairs Department of the MLN has only very limited presence at district level (28 staff with

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60% vacancy of posts). Existing human resources for SLM promotion in the field are thus

generally poor” (TerrAfrica/FAO/WB, 2009).

Although this picture might have changed since then, it is unlikely that the staffing levels have

improved significantly since then. Of critical importance for SLM is adequate staffing of NRM

departments at District level, DLRC staffing at EPA level and general agricultural extension

staff at section level.

5.5.2 Skills and expertise

As stated earlier in this report, SLM requires multidesciplinary approach where various

expertise are integrated at catchment level. This means that for SLM, there is need for

knowledge and expertise in agricultural extension, land resources conservation, forestry, water

management, irrigation, wildlife management and others. It is therefore a knowledge intensive

system that is dynamic and requires practitioners to freequently be exposed to new knowledge

and practices.

Technical knowledge and expertise in different sectors is a prerequisite for efficient delivery of

SLM services and therefore ability to work as a team is necessary. Also important is the

production of learning and training materials for various aspects of SLM keeping pace with new

developments in that area. It is therefore recommended as a way of improving the knowldge

base of both resource users and extensions agents, that effort must be made in producing

different knowledge and information management products such as leaflets, posters, policy

briefs on SLM and disseminate them.. These products must be envidence based demonstrating

the ecological, social and economic benefits of SLM and best practices from within the country

and elsewhere..

The in-service training institutions in agriculture, forestry, wildlife and other relevant sectors

should incorporate SLM concepts and principles in their training curriculum. Likewise

curricula at the Universities should integrate SLM to ensure that future graduates are well

equiped to assist resources users in SLM.

5.5.3 Technology

Land is the life blood of the social economic development of Malawi and therefore its sustained

productivity is pivotal to sustaining the development gains of the nation at any particular time.

To do that land management must be guided by policies and technologies that are based on well-

grounded research that take into consideration their potentials and limitations.

The need for research to inform policy development processes has been stressed in the earlier

parts of this report. At technology level it cannot be disputed so far that agriculture research

institutions in Malawi have traditionally and for many decades concentrated on developing new

crop varieties, use of fertilisers, breeding of animals and the associated veterinary services,

extension and other such activities without giving much attention to emerging research

requirements for NRM in general and SLM in particular. Malawi can no longer afford to

continue operating without adequate knowledge of its natural resources base and how to

sustainably mange those resources. Emphasis should be placed on farmer centred adaptive

research to provide answers to the problems resource users face when implementing SLM. Some

research to adapt SLM technologies used elsewhere in the world to suit the local conditions and

farmers’ circumstances is required.

Efforts in promoting research on resource conserving technologies must be supported and in

particular there is need for increased investment in research on climate smart technologies for

climate change adaptation and mitigation as well as for sustenance of land productivity such as

rainwater harvesting, floodwater harvesting, conservation agriculture and others. Forestry

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research should focus on adaptation to climate change, agroforestry and NRM based income

generating activities in support of SLM.

Livestock research should focus on productivity, feeds and feeding regimes in the face of

climate change and limited grazing land, intensification and harnessing of livestock waste for

diversification of sustainable energy sources.

Some major challenges exist for land users to adopt SLM technologies as some of them might

require additional inputs. These are basically related to materials such as machinery, seeds,

fertilizers, equipment etc. They also relate to labour, markets and knowledge. Some practices

might require few extra or different inputs and little change compared to current practices others

might require complete changes. According to FAO, 2011, some considerations relating to

inputs need to be given at community level to enhance adoption of SLM technologies that

include facilitation to access finance, inputs, equipment, knowledge (extension) and labour.

5.5.4 Facilities and equipment

The issue of facilities and equipment needed by the resource users to adopt SLM is covered

elsewhere in this report. At national and district level extension agents need adequate relevant

equipment to facilitate promotion of SLM. They range from survey equipment for

characterization of the resources, maps earial photograps, satellite images, laboratories for

scientific determination of management parameters and the associated computer facilities to

enable automated analysis of information and report writing. Also important is adequate

Geographic Information System, Remote Sensing and Geographic Position System (GPS)

capabilities to be able to carry out change detection studies and monitor the impact of the SLM

technologies on the environment.

Different sectors would require different specialized equipment to enable them implement the

different integrated components of SLM, Due to the need for constant supervision, the District

Authority staff require means of mobility such as vehicles and motor cycles.

Other accessories include protective clothing for extension staff, forest /wildlife guards

guardspatrols and patromen to enforcement of conservation in protected areas. The Districts in

Shire River Basin which were visited complained of lack or inadequate enabling facilities for

SLM.

5.6.5 Financial resources

As has been pointed out repeatedly in this report that social and economic development and

growth depend on the natural resources base especially for an economy that is hugely agro-

based, the need for adequate allocation of financial resources for SLM activities need not be

emphasised. Currently the level of financing for SLM activities in Malawi are disproportionate

to the level of expenditure that would be justified based on likely economic returns from SLM.

Of course the estimation of the financing gap for SLM activities is complicated partly due to the

fact that there is inadequate knowledge and information available about the current levels of

SLM and SLM-related expenditure.

The 2009 Public Expenditure Review (PER) on SLM in Malawi done jointly by TerrAffrica,

FAO and the World Bank provides useful indications on the level of investment in SLM

activities. The definition used for this PER was that SLM expenditure was one which

specifically aimed at ensuring the maintenance over time of soil productivity and of the

country‘s forest and water resources. It concluded that the Government, donors and NGOs

implemented an estimated MK 3 million to MK 4.5 million on SLM activities and investments

in the previous three years, equivalent to about 0.8% to 1% of GDP. This excluded investments

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on privately owned land. Although the actual figure is debatably too low because it excluded

expenditures in other NRM sectors, it serves to illustrate that the budget allocation to SLM was

and perhaps is still considerably low. It must be borne in mind that the study was done before

the economic valuation of sustainable natural resource use in Malawi concluded in 2011 (Gil

Yaron, et al, 2010 and therefore it was unable to determine whether sufficient public funds were

being directed towards SLM.

In the agricultural sector, funding under ASWAp for the sustainable land water management

focal area was said to have improved the funding levels for SLM, but even that DLRC estimated

it at only about 3% of the total ASWAp budget.

.

Concerns were raised by stakeholders that often most of the interventions in SLM are

underfunded to the point that they often do not have an impact. This is in comparison to the

seriousness of the environmental problems in the Shire River Basin. Specifically for the

UNDP/GEF SLM project, disbursements of funding were considered unpredictable and

untimely for most of the season-dependent activities. There is need to consider increasing

financial allocations for SLM interventions.

5.7 Prequisites for coordinated basin management

5.7.1 Programmatic Approach

Implementation of SLM in the Shire River Basin requires a more programmatic approach

championed by central government and supported by development partners. Lessons from the

basin indicate that there are many players that are individually implementing their own activities

including some SLM activities. These activities are mostly project based and their sustainability

beyond the life of the projects is doubtful. With little financing and dismal levels of SLM

activities in most sub-basins, land degradation continues leaving the poor communities to

grapple with increasing poverty.

Addressing issues of SLM in the Shire River Basin (and indeed the whole country) requires the

central role of government which must mainstream SLM objectives into the overarching policy

processes discussed in Chapter III rather than relying on ad hoc initiatives outside core

government processes which even if they succeed in attracting donor resources are likely to

prove to be unsustainable. The approach would entail carrying out the following (Jones, S.,

2009):

Understanding the causes and dimensions of the SLM challenge in each sub-basin, in

learning what practically can be done to address the challenges, and in turning this into

an effective national programme or strategy;

Involvement of wide groups of stakeholders in the development of the strategy for SLM

(including their differing interests and influence over the policy process), and letting this

broad group own the strategy;

Integrating SLM priorities into national policy statements and goals such as the MGDS,

and how well mainstreamed it is into other (sectoral and cross-cutting) policies and

strategies

Developing a results framework against which to assess SLM progress, including the

establishment of appropriate monitoring and evaluation (M&E) mechanisms; and

Determining the respective roles of different organisations and institutions public and

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private as well as the NGO community and development partners and CBOs in

implementing the SLM strategy.

The above approach must take into account the expectations and aspirations of local

communities and must respect their institutonal arrangements at the local level as well as

indigenous knowledge systems (IKS). It is important to mention that SLM need not be project-

based but rather carried out as a holistic programme. Increasing the flow of donor resources

specifically earmarked or targeted on SLM will not in itself address current challenges in the

basin if the project based approach continues, but likely to only lead to further proliferation of

activities that lack sustainability. This will need improved coordination among government

institutions, NGOs, private sector institutions and donors.

5.7.2 Institutional Arrangements

Increasingly there is need for efforts integrating natural resource management inclusive of water,

land, and biodiversity with actions and developments of humans, particularly in heavily used,

sensitive environments such as the Shire River Basin. The institutional arrangement for

enforcing this paradigm is the proposed Shire River Basin Management Authority that will

allow communities to take a central role in management and development processes in their

areas.

As stated elsewhere in this document, the SRBMP plans to facilitate the establishment of a Shire

River Basin Management Authority that will improve coordination of sustainable management

in the basin’s resources. This is also supported by the UNDP-GEF SLM project. The legal basis

for this institution is established under the new Water Resources Act, 2013. Most stakeholders

agree that this will be a very important development and that it will go a long way towards

addressing the many problems facing the basin by, among other things, instituting standards and

enforcement mechanisms for planning, management, and monitoring of activities in the basin,

The nature and form of this institution cannot be determined at this stage, as this will require

detailed institutional studies and taking experiences from other places where such river basin

authorities have been in existence for some time. It was understood from the consultations that

such studies were on the plans of SRBMP and that any attempts to propose structures and

functions at this stage might lead to some conflicts in future. However, this study makes an

observation that the establishment of this institution might take some time perhaps somewhere

towards the end of the 15 year life period of SRBMP and the SLM project, meanwhile the main

institutions active in the basin will need to be well coordinated by the existing secretariat of the

programme. The present arrangement of the Secretariat comprising officers representing

different sectors active in the basin need to be seen as an interim Secretariat for the Authority

that will provide lessons for organic development of the actual Authority.

The various players in the basin must work together towards the establishment and

operationalization of this basin wide institution contributing expertise and resources for its

building blocks. There is a limit to how much the UNDP/GEF project can contribute towards the

establishment process given its short timeframe and resource availability. It should however

contribute towards the initial ground work for the process by providing a platform for

stakeholder consensus building and awareness creation. The project in cooperation with the

JICA, World Bank, EU and MCA counterparts should seek to contribute by championing the

following emphasizing the importance of putting communities at the centre of the Shire

River Basin management process:

Bringing stakeholders of the basin together;

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Sharing information from the current study and other relevant information on the basin;

Introducing concepts of basin management and integrated water resource management;

Discussions of issues within the basin and activities for the Shire River Basin Management

Authority to focus on; and,

Facilitation of discussions on structure of the Authority, management and governance

framework, institutional roles and community involvement.

Co-financing of activities among the projects towards the establishment of the Authority is

recommended and this calls for joint planning of the roadmap including specific timeframes

towards its actualization.

These are some of the inception activities and do not preclude the need for detailed institutional

studies and designs that will provide the TORs of the institution and its management staff,

governance framework, and code of conduct, relationship with the National Water Resources

Authority; National Environment Protection Agency, sustainable financing mechanism for the

Authority and incentive arrangements for promotion of sustainable land and water management

in the basin. The SRBMP has already commissioned studies that will provide some inputs for

basin planning.

Specifically for MCA initiatives in the basin, synergy needs to be explored towards the role of

the proposed Trust Fund to see whether this facility can be utilized to support the activities of

the Authority. While the details of the functions of the Trust Fund are yet to be established, the

various actors in the basin need to contribute towards the discussions that will lead to its

establishment and insure that this develops into a sustainable financing mechanism for the basin.

Strong national leadership in the development process of the Authority is crucial in aligning the

different aspirations of the various players towards one shared vision for sustainable

development of the basin and the nation. This national leadership is to be spearheaded by the

Water Development Department, the Forestry Department, EAD, the Land Resources

Conservation Department and the National Parks and Wildlife Department that will provide

guidance and alignment to government aspirations.

Given the different timeframes of the major interventions in the Shire River Basin; GEF/UNDP

SLM project two years, the JICA COVAMS next five years, MCA-Malawi five years and the

World Bank SRBMP fifteen years, it will be necessary to dovetail the efforts right from the

beginning so that the software part of establishment of the Authority has the contributions from

all the projects. It is obvious that the implementation will be left with SRBMP that will develop

strategies for its long-term sustainability beyond the support of the World Bank.

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CHAPTER SIX: CONCLUSIONS AND RECOMMENDATIONS

As a country, Malawi has been undertaking a number of SLM-related activities through

programmes of different government ministries and departments, NGOs and some private sector

organizations with the support of cooperating partners. These have in the past been done without

calling them SLM since the concept as it is currently promoted is relatively new. However the

emphasis on the need for sustainable utilization of land-based resources or at least intentions are

entrenched in the Constitution, national development frameworks and in most of the sector

policies such as agriculture ( land resources conservation), forestry, irrigation, wildlife, lands,

environment and tourism. For the other sectors the policies were developed mainly with the

motivation of reducing poverty, promoting economic growth and food security, however most

strategies and acivities to achieve these objectives impact on land and may lead to land

degradation if not carefully considered.

General Recommendation:

SLM need to be mainstreamed in all sectoral policies given the importance of land for

the social development of Malawi.

6.1 Policies

6.1.1 Multilateral Environmental Agreements

The basis for global SLM support and coordination is provided in different Multilateral

Environmental Agreements which Malawi have acceded to and has developed national strategies

for their implementation. However, the developed national strategies have suffered

implementation problems due to lack of financial resources. The study has noted that

improvement in the coordination and implementation of the three Rio Conventions: the

UNFCCC, UNCD and UNCBD at national level will go a long way in promoting SLM activities

since most interventions under these conventions are land-based.

Recommendations:

Improve implementation and coordination of MEAs through joint programme

planning and implementation under the comnventions;

Pool coordination functions under one institution rather than three different

institutions which may fall in different ministries as is the currently the case;

Build Capacity of stakeholders in developing fundable programmes that would benefit

from the various funding windows of the MEAs; and

Provide adequate resources; financial and human for the implementation of the

existing national strategies and action programmes.

6.1.2 National and Sectoral Policies

The country’s constitution, the Malawi Vision 2020 and the umbrella medium-term national

development planning framework; the current and the former MGDSs, may not have mentioned

SLM but they lay strong foundations for the development of policies and programmes that

comply to environmental sustainability creteria in which SLM can be supported. For the

purposes of this study policies and laws that directly or indirectly address sustainable use of

land-based resources in their objectives and strategies were considered SLM-compliant although

they may not have mentioned SLM.

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The umbrella NEP 2004 guides different lead agencies in so far as their activities affect the

environment and natural resources management, including how to minimize impacts of

environmental degradation. Its aspirations under different sectors considered relevant to enhance

the ideals of SLM are summarized in the overall goal of the policy that states that “the overall

policy goal is the promotion of sustainable social and economic development through the sound

management of the environment and natural resources”. However, most sector policies have

focused more on their mandates except a few which have included SLM-related objectives and

strategies. Coordination among sectors at national level is found lacking although instututional

framework for decentralized environmental management exists.

The policy framework regarding specific aspects of the protection, sustainable management of

natural resources including land exist. These are as single-sector and single-institution

instruments tailored to support delivery of specific sectoral mandates without due regard to the

potential linkages and synergies that might exist with the other sectors. They do not specifically

address SLM although they support SLM goals. The nature of the economy of the country is

such that it is difficult to imagine sectors that do not impact on land and therefore ideally, all

policies and laws should have elements of SLM which is currently not the case.

In agriculture which is the major sector for SLM, the National Land Resources Management and

Strategy is outdated and needs to be reviewed to incorporate some emerging issues such as

climate change and conservation agriculture. This is important in the light of increasing use of

environmentally-fragile areas such as steep slopes and riverbanks for agriculture due to

increasing population pressure and the need to expand land under agriculture to meet food needs

which is counter to the aspirations of SLM..

Lack of implementation and weak enforcement of existing policies rather than lack of SLM

policies is a major challenge that has led to land degradation in Malawi. The study attributes this

to the fact that policies are developed without accompanying implementation frameworks that

detail what to implement, when and by whom including how the implementation will be

monitored. The human and financial resources required to implement those policies are also not

considered to the effect that most policies are not implemented.

Private sector participation in NRM in general and SLM in particular is commendable, however

it is dependent on individual private sector institutions’ corporate responsibility policies which

are voluntary and not binding. As such the efforts are scattered and the impact on the

environment might not be significant.

This study agrees with the observation made by the National Capacity Self-Assessment on

Desertification and Land Degradation Thematic area conducted by EAD in 2006 that though

relevant policies exist in a number of sectors, most of these require review to be in line with the

current situation such as to clearly accommodate international and regional obligations and other

emerging issues. It also notes that most policies are developed at sectoral level where cross-

sectoral issues either take a secondary position or are ignored; there is an urgent need to develop

policy statements where these do not exist and revise those indicated accordingly.

Recommendations:

Improve intersectoral planning and implementaion among ENRM and other relevant

sectors to enhance synegies among different policies and programmes that will benefit

promotion of SLM;

Finalize the development of the National Land Use Planning Policy that will guide the

planning and sustainable use and management of land in both urban and rural areas;

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Integrate SLM objectives and strategies in different policies and programmes rather

than developing a specific national policy on SLM;

Strengthen the role of PES, CDM, REDD+, GWC beyond providing alternative funding

mechanisms, but most importantly in providing incentives for natural resource users

to invest in SLM in the revised Forestry Policy;

Revise the National Land Resource Management and Strategy 2000 to incorporate

relevant emmerging issues such as PES, CDM, REDD+ and also to incorporate

principles of climate smart agriculture in general and Conservation agriculture in

particular. Also revise the National Energy Policy 2003 to promote sustainable

production of biomass energy.

Harmonize the policy on riverbank cultivation and management among the various

sectors; the Water, Agriculture (Land Resources Conservation), Lands sectors by

providing evidence based policy guidelines which are measurable, implementable and

enforceable;

Increase investment in NRM research to provide information that would lead to the

development and implementation of necessary SLM interventions.. Sustainable

utilization of any natural resource depends on the deep understanding of its nature,

extent, its potentials and limitations for specific uses;

Policies in the Construction sectors should be reviewed to incorporate the need to use

environmentally friendly construction materials such concrete blocks and refrain from

use of burnt bricks and sand mined from environmentally fragile areas such as

riverbanks and dambos;

Policies should always have elaborate implementation and M&E frameworks and an

indication of how the required resources would be mobilized;

Government should increase budgetory support for the enforcement of ENRM policies

and donors need to consider providing additional support to government ministries

and departments which have articulated their action plans for different policies

through a Sector Wide Funding Mechanism; and

Government should coordinate efforts of private sector through a deliberate policy that

will mandate private sector institutions to contribute towards ENRM rather than

leaving it to voluntary individual corporate social responsibility policies.

6.1.3. Donor Cooperation Frameworks

The interest in ENRM shown in different Donor policies do not always translate into increased

funding to NRM sectors. While different donors are aware of the importance of programatic

approach in support of government’s priorities, project based appraoches in SLM interventions

have continued. A number of National stratrgies and action programmes have suffered

implementation bottlenecks due to insuficient funding.

Recommendations:

Align frameworks not only to the nation’s development planning framework such as

MGDS, alignment should also be at implementation level by targeting support to specific

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SLM activities;

Increase funding that will support implementation of National Strategies related to NRM

and SLM; and

Provide programmatic and coordinated support to SLM instead of project based

interventions that may not be sustainable;

6.2 Regulatory Framework and Enforcement Mechanisms

Laws exist to support implementation of SLM related policies in forestry, wildlife, irrigation,

mining and other sectors, however, their enforcement is a challenge due mostly to lack of

awareness on the part of resource users, poor and mostly under-resourced extension systems in

terms of human and financial resources and equipment. For instance, the Environmental

Management Act gives strength to the principles outlined in the NEP to the extent that wherever

sectoral legislation conflicts with the EMA the latter shall take precedence. It provides for the

creation of regulations on all aspects of environmental management, so that gaps or

inconsistencies in sectoral legislation may be easily rectified. It creates a firm legal framework

for environmental impact assessment (EIA) and environmental audit. Yet these are not strictly

followed.

The Irrigation Act, the Mines and Mineral Act and the Wildlife Management Act provide for

EIA studies before major projects are implemented and have put requirements for environmental

management plans and environmental rehabilitation. Although they do not mention SLM

specifically, the implementation of these laws would make the interventions to be in line with

SLM standards and principles.

In the basin a major challenge is the enforcement of forestry laws particularly with regards to

charcoal production. The law allows charcoal production under licence and from sustainable

forest sources. However no forest resources in the basin can be said to be sustainably managed

with a forest management plan. Therefore all the charcoal production in the basin which is

rampant in Mwanza and Neno is illegal unless sustainability of tree sources and the production

is done under licence.

Gaps exist and the major one is the absence of an Agricultural Land Use and Management Act

to support the implementation of the Land Resource Management and Strategy. Agriculture is

the single major land use in Malawi and strategies employed to achieve poverty reduction and

food security objectives mostly have effects on land. The study also found that this bill was

drafted sometime back but was not processed through the required channels. It will be necessary

as a starting point to review this draft bill and incorporate some emerging issues. Ideally this

should await the revision of the National Land Resources Management Policy that might take

some time. Alternatively, in the interim regulations can be developed mostly to control use of

environmentally-fragile areas.

From the few examples given, it is imperative that most legislation relevant to

desertification/land degradation or SLM either need to be developed or require a review so that

they are in line with the current situation such as in dealing with relevant international

obligations and emerging issues such as climate change, PES, REDD+ and others.

Recommendations:

Develop and enact Agricultural Land Use and Management Bill to regulate

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management agricultural land and use of environmentally fragile areas for agricultural

purposes;

Develop and implement programmes aimed at creating awareness among land users,

local leaders and politicians about the existing laws, obligations and rights;

Develop regulations and control orders for management of important ecosystems

under existing EMA in the absence of Agricultural Land Use and Management Act;

Review the Forestry Act, the Wildlife and Management Act, Irrigation Act and othe

relevant Acts to incorporate emerging issues such as PES, REDD+, and Green Water

Credit;

Review the Mines and Minerals Act to align it with the Mines and Mineral Policy

2013;

Strengthen extension and enforcement systems by providing adequate human and

financial resources to effectively enforce existing laws; and

Enact the revised EMA to provide for the establishment of the National Environmental

Protection Agency and other innovative provisions.

6.3 Institutional Arrangements

There are many institutions dealing with SLM related activities, these include a number of

ministries and departments, NGOs and private sector organizations.

6.3.1 National level

At national level the establishment of the National Environmental Management Agency and the

National Water Resources Authority provided for in the 2004 NEP and the 2013 Water

Resources Act respectively provide for two critical and powerful national institutions for

managing the environment and water resources respectively. Care will have to be taken that

functions and responsibilities of these two institutions do not conflict or overlap. Although the

later will work through the established river basin authorities, water issues are mostly

environmental in nature and there is potential for conflict with the proposed National

Environmental Management Agency.

The observation that most ministries and departments dealing with SLM are poorly staffed

should be looked at seriously. The existing vacancies at various levels should be filled so that

they can adequately support the delivery of SLM programmes through their respective District

level sector staff members. Also related to this is the provision of training relavant to SLM to

national level staff and development of staff rentetion policies that would check the brain drain

of qualified staff to outside SLM sector institutions. The SLM-related line ministries at national

level and the concerned departments have their policies which guide them in the management of

specific natural resources. They have different capacities and expertise that would be harnesed

to develop synergies and enrich each other if only coordination among them can be improved.

For NGOs national and thematic coordination mechanisms exist through networks of like-

minded institutions. These networks have helped to facilitate engaging government during

policy reform processes although they complain that their concerns are rarely taken into

consideration in the final policies. NGOs need to harmonise their approaches as some make

payments to communities to encourage adoptions and others do not. For NGOs involved in land

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and natural resources management, Malawi LandNet has potential to provide a robust platform

for engaging government on SLM issues.

Recommendations:

Establish national institutions such the National Water Resources Authority provided under

the Water Resources Act 2013 that will oversee the establishment and functioning of River

Basin Authorities;

Improve the staffing levels of ENRM sector institutions by filling vacancies at various levels;

Provide relevant SLM relevant training to national level staff and develop staff retention

policies that would check brain drain of qualified staff;

Promote coordination ENRM sectors at national level by revitalizing the coordination

mechanisms established by the existing laws to support decentralized environmental

management;

Promote inter-sectoral planning and implementation of ENRM activities; and

Incorporate SLM concepts and principles in the training curriculum of the in-service training

institutions in agriculture, forestry, wildlife and other relevant sectors. Likewise curricula at

the Universities should integrate SLM to ensure that future graduates are well equiped to

assist resources users in SLM.

6.3.2 District Level

It is important to have adequate capacities at district level in order to deliver effectively. District

Councils have appropriate mechanisms for coordination across sectors represented at that level

through District Executive Committee and the appropriate sector sub-committess. The challenge

is that decentralization has not been implemented fully as District Councils which face capacity

constraints in relation to staffing, funding, equipment and mobility. As a result of these

constraints District Development Plans are not fully implemented.

In Balaka, Neno and Mwanza not only are staffing levels low in terms of numbers relative to the

establishment, but that also, most staff are on acting capacities implying that the positions have

not been filled by the required qualified staff. This poses problems in adequately supporting the

frontline extension staff and communities on issues of SLM. It has been observed that in urban

districts the situation is different giving the impression that qualified officers are not attracted to

work in the other districts due to none availability of some social ammenities and good office

facilities.

Another staffing gap in the case of agriculture, affecting enhanced adoption of SLM

technologies is the non-representation of Land Resources Conservation Officers at EPA level

leaving SLM issues to be handled by general extension staff who have a lot of other activities.

As this is key to the promotion of SLM activities at grassroot level, it is recommended that the

Ministry should revert back to the old system where the department was represented at that

level. In the interim and for the sucess of the project there is need for intensive training of

existing frontline staff in SLM.

The staffing and funding levels for SLM-related sectors at the district level should be improved

to enable them provide adequate services to the field through the field extension staff, the local

leaders, Area Development Committees, Village Development Committees and the existing

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Village Natural Resources Management Committees.

NGOs’ concerns are taken on board during DEC meetings for those represented at that level, but

most NGOs are not involved in SLM activities. They are mostly involved in food security, HIV

and AIDS and relief activities. It is recommended that NGOs’ interventions should always be

guided by the District Decelopment Plans to avoid bringing in activities that are not in line with

it and programmes which may also not be demand-driven.

Recommendations:

Devolution of functions to the District level need to be matched with the shift of appropriate

authority and expertise by posting senior, adequate and qualified officers to the District

Councils;

Improve availability of equipment and means of mobility at district level to enable the

District Council to deliver effectively on SLM objectives;

Provide adequate financial resources and in a timely manner to support SLM activities that

are often time specific;

All interventions in the districts by different stakeholders should be aligned to the

Development Plans of the respective Districts and should aim at addressing issues identified

by the Districts and the communities;

Improve staffing of front line extension staff in various sectors and provide adequate support

to ensure effective delivery of extension services; and,

Locate Land Resources Conservation staff at Extension Planning Area level to be able to

adequately provide support for SLM activities at community level; one Land Resources

Conservation Officer located at the District level is not adequate to cover the whole district

especially that Agricultural Officers at EPA have many other activities in a unified extension

system.

6.3.3 Shire River Basin Level – Shire River Basin Management Authority

As discussed in the report, there are currently a number of institutions; government, NGOs,

private sector and donors active in the Shire River Basin in a number of activities including

SLM. For agriculture purposes, the basin is covered by a number of Agriculture Development

Divisions (ADDs) including Lilongwe ADD in terms of the area falling under Ntcheu District,

Machinga ADD in terms of the area falling under Machinga, Balaka and Zomba districts,

Blantyre ADD for the catchments in Neno, Mwanza and Blantyre districts and Shire Valley

ADD for the area under Chikhwawa an Nsanje Disticts. This dispersed administrative

institutional arrangement makes planning of the basin-wide initiatives difficult hence the need

for the establishment of the Shire River Basin Management Authority that will effectively

manage the planning, implementation and monitoring of all activities in the basin including

SLM..

At the sub-basin level it will be important to ensure active participation of local leaders and

communities in planning and implementation of SLM activities relevant to local ecological

situations and economic circumstances.

Recommendation:

`


The SLM project in cooperation with the JICA, World Bank, EU and MCA counterparts should

seek to contribute by championing community centred Shire River Basin Authority

establishment process by supporting the following: Bringing stakeholders of the basin together;

Sharing information from the current study and other relevant information on the basin;

Introducing concepts of basin management and integrated water resource management;

Discussions of issues within the basin and activities for the Shire River Basin Management

Authority to focus on;

Facilitation of discussions on structure of the Authority, management and governance

framework, institutional roles and community involvement;

Creation of awareness among riparian communities about the Authority and the various

interventions envisaged;

Facilitating inter-district coordination during the development process of the Authority;

and,

Exploring the role of the MCA proposed Trust Fund to see whether this facility can be

utilized to support the activities of the Authority in a sustainable way.

Co-financing of activities among the projects towards the establishment of the Authority is

recommended and this calls for joint planning of the roadmap including specific timeframes

towards its actualization given that the projects have different timeframes.

6.4 Principles and Approaches for Enhanced SLM Adoption

The main approach recommended for enhanced adoption of SLM technologies in the Shire

River Basin is CBNRM which focusses on the resource users themselves and their livelihoods

needs in a participatory manner while ensuring that the present uses do not compromise the

ability of the future generations to meet their demands.

Recommendations

As explained in the report in general policies and programmes in the basin should be informed

by the following sustainability principles:

Land-user-driven and participatory approaches;

Integrated use of natural resources at ecosystem and farming systems levels;

Multilevel and multi-stakeholder involvement; and,

Targeted policy and institutional support, including development of incentive mechanisms

for SLM adoption and income generation at the local level.

6.4.1 Incentives for Sustainable Land Management

Due to the long gestation period nature of most SLM technologies and that their introduction

might involve use of inputs and equipment not normally used by the resource users ,there should

be targeted institutional and policy support that will enhance adoption. Institutions that will

provide the much needed supportive inputs for SLM and policies that create incetives for

multisteckholder participation and community sustained involvement in SLM.

`


Recommendations

Provision of short and long-term benefits through mechanisms such as PES and Green

Water Creduts with payment in cash or in kind as agreed by the communities and the

buyers;

Provision of assistance for establishment might be needed for small-scale subsistence land

users if costs are beyond land users’ means- this is necessary when the technologies entail

use of inputs and equipment that the users normally do not use;

Assistance for establishment if short-term benefits are not guaranteed; and,

Maintenance costs need to be covered by the land users to ensure self –initiative and

ownership.

6.4.2 Economic and social issues

It has been noted that in the basin there is lack of alternative sources of income and communities

do not have adequate financial resources to access inputs required for some of the SLM

activities. It has also been observed that population growth rate in the basin particularly in

Mwanza and Neno are very high and that this causes deforestation through expansion of land for

cultivation, cutting of trees for firewood and charcoal production and uncontrolled bush fires.

Some of the local leaders are at the forefront of the charcoal trade and that the major driver for

this is the increasing demand for biomass energy in the urban areas due to low hydropower

connections, lack of alternative sustainable sources of energy and high tarrifs for electricity.

The road network in the area is poor and this brings problems of access to farm input and

product markets and to social facilities such as hospitals and schools. The poor road network

also causes problems of mobility of extension staff to effectively deliver extension services to

communities.

All this calls for a holistic approach to promotion of SLM where the social, economic and

ecological considerations are given equal weights. The package of SLM should include support

to the promotion of viable income-generating activities that would be seen to pay more than the

practices currently engaged in. This would require detailed study of available income-generating

activities, facilitation of linkages to markets and access to loans to support those activities.

Recommendations

Improvement of road network infrastructure and other social and economic facilities

such as schools, hospitals, markets and clean water supply;

Promote viable alternative income generating activities to relieve pressure off the land

based resources;

Research into alternative sources of renewable energy and promotion of the same both in

the urban and rural areas;

Promote rural electrification and increase the number of households with electricity for

lighting and cooking; and,

Introduction of family planning programmes that will check high population growth,

`


6.4.3 Programmatic Approach

Programmatic rather than project-based initiatives are important for effective implementation of

SLM activities. Unfortunately in the Shire River Basin ENRM activities are fundamentally

project-based. This reflects the limited progress that has been made in moving towards

programmatic approaches to SLM in line with the Paris Declaration on Aid Effectiveness which

is premised on principles of strong national leadership, harmonization, mutual accountability,

results and alignment.

Recommendations:

The SRBMP which has attracted multi-donor support and has a component on catchment

protection which is basically SLM-related should provide lessons for programmatic SLM

approach in future;

Develop a comprehensive national SLM programme in which all sectors will implement

and all the donors will support government in its implementation through a sector wide

funding mechanism;

Support the development of the National Guidelines on Sector specific activities on NRM

planned under the SRBMP;

Despite most donor assistance frameworks being aligned to national development

planning frameworks, assistance to SLM continues to be project based as manifested by a

number of different initiatives in the Shire River Basin. The overall determinant of success

is therefore;

Strengthen the SRBMP Secretariat for it to effectively perform the functions of the

Authority in the interim and coordinate all activities in the basin.

`


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Institute, Washington


`


ANNEX A: Terms of Reference

NATIONAL CONSULTANT

REVIEW ON ALIGNMENT OF THE EXISTING POLICIES IN SUPPORT OF

SUSTAINABLE LAND MANAGEMENT IN THE SHIRE RIVER BASIN

1.0 Background

The Shire River Basin covers over 3.1 million ha and directly or indirectly influences the

livelihoods of over 5.5 million people in the southern region of Malawi. The basin is of critical

economic importance: it is the source of over 98% of the country’s power generating capacity,

supplies water to major urban centres such as Blantyre and Limbe, supports a locally significant

artisanal fishery, and supplies irrigation water for valuable crops. Malawi’s economy is based

primarily on agriculture, dominated by subsistence and rain-fed food production systems that are

greatly challenged by land degradation and declining soil fertility.

However, extensive land use including extensive tree felling coupled with bushfires in the

Middle and Upper Shire have resulted in severe deforestation, land degradation and soil erosion.

Up to 13% of the total forest cover was lost between 1990 and 2005, while 35% of the primary

forest cover was lost in the period 2000 – 2005 (Project Document). Forests on customary land

are neither controlled nor protected hence they are prone to over-exploitation. Studies have

shown that tree species diversity and richness are lower in customary land than in forest reserves

and leasehold land (Mwase et al., 2007), confirming the hypothesis that open access lands are

not compatible with conservation of tree and shrubs. Grazing is also intensive on grasslands of

floodplains, near lakes and streams and wetlands. All this has led to dramatic land degradation

in the Shire basin.

The poor agricultural practices and deforestation has in turn been driven by the negative

interrelationship of high dependence on natural resources coupled with poor resource

management, poverty, rapid population growth, ineffective policy implementation, and poor

economic development, and climate change.

The barriers to the adoption of sustainable land management in the Shire River Basin, are

weaknesses in policy, planning and institutional environment that influence SLM; weak

incentives for adoption of SLM; weak capacities and inadequate skills at all levels required for

promoting and/or adopting SLM. The barriers are briefly summarized below.

Although decentralization has been in place for more than ten years now, devolution of

power and authority is still lagging behind. In the Shire River Basin large numbers of

institutions and organizations work with communities at different levels, all trying to

improve different aspects of natural resource management as a support to livelihoods. One

of the problems is weak coordination amongst these players, with many of them having

different policies and working independently of each other, the result being an array of

uncoordinated and incomprehensive interventions all over the basin.

Sometimes, there are conflicts of interests among the various players and users, in particular

government departments like Agriculture, forestry and EAD) with respect to land utilization.

For instance, the politically driven Green-Belt Initiative has not taken on board the

`


sustainable land management (SLM) principles, hence encouraging irrigation farming in

dambos/wetlands or near river banks, which contributes to land degradation, and siltation of

Shire River and its tributaries

Studies have shown that communities sometimes get conflicting statements from different

government departments with regard to natural resources management.

Natural resources governance at local levels has been weakened by the gradual weakening of

traditional governance institutions without replacing them with effective modern institutions.

As a result, land in communal areas is used as a “common resource” subject to the tragedy

of the commons (Hardin etal 1968). The lack of acts or the conflicts between the acts on the

cultivation of environmentally fragile areas such as steep slopes, stream banks and

wetlands; the lack of strategy for land resources management for the estate sector, as well as

poor understanding of up to date legislation on land use coupled with inability to enforce

them is the result. For instance there is no mechanism for enforcing the 10% covenant for

afforestation in estates or for dealing with farmers who fail, neglect or refuse to adopt

recommended soil conservation measures.

In order to address the above issues, Government and UNDP/GEF developed the Private Public

Sector Partnership Project on Sustainable Land Management (SLM Project ) in the Shire River

Basin with the goal being the provision of the basis for economic development, food security

and sustainable livelihoods while restoring the ecological integrity of the River shire Basin”.

Specifically, the objective is: “To reduce land degradation in the Shire River Basin through

improved institutional, policy and Payment for Ecosystem Services (PES) arrangements.” The

objectives will be achieved through 4 key outcomes:

Policy and institutional arrangement for basin-wide SLM, including preparatory work for the

establishment of the River Shire Development Authority

Private public partnerships providing financial incentives for SLM

Improving knowledge and skills at all levels to support SLM;

Crop insurance providing the basis for increased access to credits as well as increased use of

up to date weather information in decision making for improved livelihood systems.

The project is focussing on the middle and lower Shire river basin. Lessons learnt will be up-

scaled to the entire Basin through the planned River Shire Development Authority.

This four year programme is coordinated by the Environmental Affairs Department (EAD)

of the Ministry Natural Resources, Energy & Environment. Implementation is taking place

in Blantyre, Neno, Balaka and Mwanza districts involving local authorities and stakeholders,

as well as the departments of forestry, energy, Climate Change & Meteorological Services,

Land Resources Conservation, Extension, Water and Planning. Linkages with the private

such as ESCOM, Blantyre Water Board, Southern Region Water Board, as well as NGOs

will be established as well.

2.0. Scope and Tasks of assignment

This review has been initiated by EAD in order to examine and review policies, legislations and

regulations on natural resources in order to address the conflicts between and to seek

opportunities for complementarities that should guide implementation of the SLM in the Shire

River Basin.

`


Specifically, this study will require that the consultant undertakes the following tasks:

Evaluate current policies, legislations and regulations that are relevant to SLM, by

highlighting the weaknesses and conflicts in the current policies, legislations and regulations.

These should include policies and legislation on water, forestry, agriculture, livestock,

fisheries, irrigation, construction and planning, mining, local governance and administration.

Examine the policy and legislations on bush fire control and the use of fire in as a tool

especially in forestry management.

Analyze how communities are affected by the current policies and legislations with respect to

SLM.

Identify the roles and responsibilities of different departments, sectors and local level

institutions in achieving SLM

Identify the shortcomings of the current institutional setup with respect to SLM and

recommend a functional institutional set up.

Recommend policy and legislation changes to promote the principles of Sustainable Land

Management

Analyse and recommend policies, legislations and mechanisms needed to ensure that

government plays its optimum role in SLM.

Recommend principles and approaches to ensure compliance with SLM principles and their

enforcement.

Identify the capacity gaps for the implementation of SLM

Identify potential partners and how to engage them in the implementation of SLM

Identify needed relationships with other initiatives, suggesting ways for improving the

synergies between them.

3.0 Outputs / Deliverables

Inception Report (max. 6 pages), including: An assessment of the ToRs; A strategy and

workplan of how to implement the assignment; Outline of Final Report, List of stakeholders

to consult; References. Draft Inception Report to be delivered max.within5 working days

after commencement of assignment, and to be finalized including comments of stakeholders

within 8 working days after commencement of assignment.

Presentation of main findings to the national stakeholder consultation workshop, to be held

within 4 weeks after commencement of assignment

First draft Report, to be submitted to EAD , incorporating comments from the stakeholder

workshop within 6 weeks after commencement of assignment

Final and approved Report, containing all areas addressed as stated above, and with relevant

stakeholders comments addressed, to be delivered within. 10 weeks after commencement of

assignment.

4.0 Methodology of Assignment

The consultant shall review all available and relevant background information available,

particularly related to policies and strategies that have a bearing on SLM. The team will consult

all relevant stakeholders, either individually or in focus group discussions. Consultant team can

opt for field visits to ground truth their observations and consult with land managers.

5.0 Reporting Lines and Timeframe:

The consultants shall report to the Director of EAD through the Project Manager and will

undertake the assignment in close collaboration with technical supervision and guidance from

the Project Advisor and UNDP Environment and Climate Change team.

`


The assignment will be conducted for a period of 30 person days, spread out over a maximum

of 10 weeks. This includes preparation, inception report, consultations, desk- and field-work,

draft report and final report as indicated in the Deliverables above.

6.0 Qualifications and Experience:

The consultant will have the following qualifications and experience:

Education: Advanced university degree (Masters or higher level) in a discipline relevant to

Natural Resources Management such as: Natural resources management, environment

studies, development studies, geography, or environmental law or policy studies etc..;

Experience: Minimum of 10 years professional experience in policy and legal issues related

to environment, management of natural resources, Policy drafting experience an advantage,

specifically in ENRM

Skills in facilitation and coordination, with strong communication and inter-personal skills

Sound judgment and strong client and results orientation;

Strong analytical and report writing abilities required;

7.0 Competencies:

Strategic/Conceptual thinker who can identify, define and analyze issues and situations using

rational and intuitive processes that result in the drawing of accurate conclusions.

Is up to date of new developments, concepts, definition and theories in the area of Sustainable

Land Management and actively seeks to stay abreast of these developments

Extensive experience in policy and legislative analysis and institutional capacity building

Good understanding of the governance and traditional institutions.

Good ICT skills

Works with energy and a positive, constructive attitude

Demonstrates good oral and written communication skills

Results Orientation

`


ANNEX B: Names of Institutions Consulted

Lilongwe

Land Resources Conservation Department;

The World Bank;

Forestry Department;

Lilongwe Agricultural Development Division;

Total Landcare, Malawi;

Millennium Challenge Account- Malawi;

Shire River Basin Management Programme

Green Belt Initiative;

World Vision International;

Training Support for Partners; and,

Environmental Affairs Department.

Balaka

Balaka District Council;

District Forestry Office;

District Water Office;

Land Resources Conservation Office;

CHANASI (NGO)

Wildlife and Environmental Society of Malawi; and

Concern International.

Blantyre

Blantyre District Council;

Directorate of Planning and Development

District Water Office;

District Environment Office;

Land Resources Conservation Office;


District Lands Office;

Wildlife and Environmental Society of Malawi;

Electricity Supply Corporation of Malawi (ESCOM);

`


Malawi Industrial Research and Technology Development Centre (MIRTDC);

Co-ordination Union for the Rehabilitation of the Environment (CURE);

Centre for Environmental Policy and Advocacy (CEPA);

Blantyre Water Board (BWB); and

Mwanza

District Commissioner, Mwanza District Council;

Directorate of Planning and Development;

District Environmental Office;

District Community Development Office;

Wildlife and Environmental Society of Malawi (WESM);

Evangelical Association of Malawi (EAM);


Land Resources Conservation Office; and

Water Development Office.

Neno


District Lands Office; and

District Environment Office.

`


ANNEX C: Names of Individuals Consulted

Lilongwe

E. Mwendo Phiri, Food Security Manager, World Vision International;

H. Njoloma, Acting National Coordinator, Green Belt Initiative.

John Mussa, Director, Land Resources Conservation Department;

M. M. Mwanyongo, Assistant Director of Environmental Affairs (Policy and Planning);

M. Nthara, Chief Land Resources Conservation Officer, Lilongwe Agricultural Development

Division;

Matthews Manda, Deputy Director, Land Resources Conservation Department and Imprest

Administrator for FIDP;

Nyuma Mughogho, Assistant Director, Forestry Department;

Peter Makwinja, Millennium Challenge Account-Malawi;

Pieter Waalewijn, Water Resources and Irrigation Specialist, World Bank;

Ralph Kabwaza, Millennium Challenge Account-Malawi

Robert Kafakoma, Executive Director, Training Support for Partners;

Thomas Makhambera, Assistant Director, Forestry Department;

W. P. C. Chipeta, Project Coordinator, Shire River Basin Management Programme; and

Zwide Jere, Managing Director, Total Landcare, Malawi.

Felix Tukula, Commissioner for Physical Planning, Ministry of Lands, Housing and Urban

Development

MC Henery Makwelero, JICA

Dalitso Kafuwa, World Bank

Ariko Toda, JICA

Henry Sibanda, SLM Advisor, UNDP

Emmanuel Mponya, European Union

Balaka

Annie Likagwa, Agriculture and Environmental Officer – CHANASI;

Charles Kamwendo, District Forestry Officer and Acting Environmental District Officer;

`


Charles Mkwate, Balaka Water Office, representing District Water Officer;

Chimango Nyirenda, Land Resources Conservation Officer;

David Gondwe, Director of Planning and Development, Balaka District Council;

Duncan Mapwesera, WESM Environmental Chairperson; and

William Kamwenda, Programme Manager, Project Concern International.

Blantyre

Benford Nyang’ombe, Acting District Lands Officer;

Booker Waya, Projects Manager, Blantyre Water Board (BWB).

C. W. Guta, Director General, Malawi Industrial Research and Technology Development Centre

(MIRTDC);

Christopher Mwambene, Executive Director, Co-ordination Union for the Rehabilitation of the

Environment (CURE);

Everson B. Sitolo, Director of Corporate Services, Electricity Supply Corporation of Malawi

(ESCOM);

Fanuel Nkhono, Senior Manager, Electricity Supply Corporation of Malawi (ESCOM);

G. E. Kanyerere, District Forestry Officer;

Gervez Thamala, Executive Director, Wildlife and Environmental Society of Malawi;

Joe Steven Chimeta, Water Quality and Environmental Manager, Blantyre Water Board (BWB);

Kizito Uzamba, Assistant District Water Officer;

M. T. Chigowo, Chief Lands Resources Conservation Officer, Blantyre Agricultural

Development Division;

Maxwell Mbulaje, Environmental District Officer;

Nancy E. Chawawa, Environmental District Officer;

Precious Kantsitsi, Director of Planning and Development, Blantyre District Council;

Titus Kamera, Senior Assistant Land Resources Conservation Officer; and

William Chadza, Centre for Environmental Policy and Advocacy (CEPA).

Mwanza

Boniface B. Chimwaza, District Environmental Officer;

Brian Mtambo, District Forestry Officer;

Edgar Chihana, Director of Planning and Development;

Golden L. M. Ajali, Water Development Officer.

Patson Nthala, Project Manager, Wildlife and Environmental Society of Malawi (WESM);

Phillip Mponda Banda, District Community Development Officer;

Richard Thole, District Land Resources Conservation Officer;

`


S. L. Gwedemula, District Commissioner, Mwanza District Council; and

Vicent Tholo, Programme Coordinator, Evangelical Association of Malawi (EAM).

Neno

E. W. Ngwangwa, District Forestry Officer and Acting Environmental District Officer;

F. Mpinganjira, farmer;

Joseph Thainesi, Acting Environmental District Officer; and

S. D. Chiputula, District Lands Officer.

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ANNEX D: Participants at the Joint Policy Review and Green Water Credit Stakeholders Validation Workshop

Ufulu Gardens, Area 43, Lilongwe on 24th

May 2013

NO Name Organisation Designation Contacts E-mail

1. Henry Sibande UNDP/MECCM SLM Advisor 088122079/0993220719 [email protected]

2. Robert Mzumala FRIM FRO 0888877818/0996154486 [email protected]

3. Khumbo Kamanga CURE CDO 0992815001 [email protected]

4. Olivia Mchangu Liwewe MCA-M SGAD 0994962379/0888381530 [email protected]

5. Lucie Belle Isle MCC.WASHIN SC Consultant [email protected]

6. Clement Chilima FRIM-GWC

Consultant Green water Consultant 0999270170 [email protected]

7. Look Fresken UNDP/White Leed GWC Consultant 0998690911 [email protected]

8. Stephen Nanthambwe Environment-

Consultant SLM Consultant 0995244155 [email protected]

9. Benon B. Yassin EAD CEO 0995416850 [email protected]

10. Chisimphina Mphande UNDP Intern 099482291 [email protected]

11. Aubrey Macheso Forestry Ag EDO 0884229725 [email protected]

12. Dumisani Moyo UNDP Prog. Analyst 0881156262 [email protected]

13. Boniface Chimwaza EAD (Mwanza) EDO 0991866700 [email protected]

14. Amon Kabuli SLM Programe Manager 0999919885 [email protected]

15. Mavuto Chiipanthenga BWB Director of Technical

Services 0999558891 [email protected]

16. Gervaz Thamala WESM Director 0888357893 [email protected]

17. Walunji Msiska EAD Environmental Inspector 0999715419 [email protected]

18. Christopher Manda EAO Environmental Inspector 0999450895 [email protected]

19. Benjamin Kamanga EAD Environmental Inspector 09999384714 [email protected]

20. Nancy E. Chawawa Blantyre District

Council

District Environmental

Officer 0999950187/0888950187 [email protected]

21. Herbert Bolokonya EAD Environmental Inspector 0999227693 [email protected]

22. Michael Makonombera EAD Assistant Director 0999872282 [email protected]

23. Nyuma Mughogho Department of

Forestry Assistant Director 0888646137 [email protected]

24. Catherine Mkanda EAD Secretary 0999259334 [email protected]

25. Etta Mmangisa UNDP Programme Analyst 0999950717 [email protected]

26. Fletcher Ngulube EAD Office Assistant 0884229130

27. E. Mwendo Phiri World Vision Food Security Manager 0888832156/0999832156 [email protected]

[email protected]




























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ANNEX E: SLM Relevant Provisions in the New Land-Related Bills and Amendments

The Land Bill (2012) drafted will replace the Land Act (Cap. 57:01) and the new provisions,

among many include the definition of land and tenure types, access to land by non-citizen,

vesting of land in the Republic rather than the Presidency and the appropriate percentage of rent

payable in relation to agricultural land leases to be two per cent of the market value. These

provisions if implemented will go a long way towards promoting the adoption of SLM measures

and increase productivity through provision of an enabling environment for improving land

governance through decentralised land administration functions.

The Customary Land Bill (2012) is to replace the Customary Land (Development) Act

(Cap.59:01) and the Local Land Board (Cap.59:02). Some of the provisions in the new bill

include; creation of customary estates, formalization of the role of chiefs in land administration,

adjudication of interests in customary land, customary land dispute settlement mechanisms; and

establishment of land committees at various levels. Membership of land committee should be

elected by the community as opposed to being appointed by the Chairperson, who shall be the

Group Village Headman. The impact of this is the strengthening of public participation in the

administration and management of land related matters which is critical to the enhancement of

SLM activities. The creation of customary estates and the accompanied certification of title will

provide tenure security and therefore give incentive to invest in land improvements.

The Registered Land (Amendment) Bill, 2012 seeks to harmonize the existing Act (Cap

58:01) with the 2002 National Land Policy. The amendment makes provisions for access to land

by non-citizens, title registration throughout the country, registration of all land transactions, the

establishment of district land registries; and the creation and registration of customary estates.

The customary estates with certificates of ownership will provide good environment for

investment in sustainable land management. However, this remains a pie in the sky as it will

require massive investments in capacity building and surveys to have all land area surveyed and

registered.

The purpose of the draft Physical Planning Bill, 2012 is to replace the Town and Country

Planning Act (Cap 23:01). It provides a mechanism for the provision of a spatial framework for

implementation of the national social and economic development strategies and programmes

through preparation of land use plans at all levels, granting of planning permits and the powers

of control and enforcement of development in both urban and rural areas. Among the many

provisions it clarifies scenarios where compensation is payable in the event that a person’s right

to property is negatively affected as a result of planning decisions and actions. It will also

support the implementation of the yet to be completed National Land Use Planning Policy and is

critical in ensuring proper land use zoning, development and management and therefore support

SLM initiatives.

The Forestry (Amendment) Bill, 2012 basically aims to harmonize it with the 2002 National

Land Policy and makes the following provisions that are consistent with SLM; the Minister

Responsible for Physical Planning to be included on the list of those to be consulted before an

area is declared a protected forest area, Customary Land Committees to be empowered in the

demarcation of village forest areas; and Local Government Authorities to be empowered to

approve any rules made by Village Natural Resources Management Committees. Although the

last provision sounds retrogressive by requiring upward accountability, it ensures coordination

and harmonization in approaches to natural resources issues at district level.

Since the Forest Policy is being revised the Act will soon need to be revised in line with the new

policy to incorporate the emerging issues such as climate change, REDD+, CDM and PES so

that it also supports the provision of incentives for SLM under these instruments.

`


The Mines and Minerals (Amendment) Bill of 2012 simply aligns it to the 2002 Land Policy

by making it clear that the plan being referred to in various sections is a sketch plan for the area.

Land Acquisitions (Amendment) Bill, 2012 align the Act to the 2002 National Land Policy by

among other things introducing new provisions such as; payment of appropriate compensation,

acquiring authority to include Local Authorities, valuation for compensation to be done by

private valuers appointed by the Minister Responsible for Land Matters or Local Authority, the

right to appeal to the courts by any aggrieved party; and the reversion of land to the Republic in

accordance with the constitution. The current situation is such that it is possible that the lease

agreement of private land may expire without declaration and never reverts to public land as the

law requires. It retains the requirement that10 per cent of land to be under forest; the challenge

still will be monitoring compliance.

The Malawi Housing Corporation (Amendment) Bill, 2012 will empower the Malawi

Housing Corporation to apply for a grant, lease or other disposition of customary land in

accordance with the Customary Land Act. Currently, Malawi Housing Corporation can only

access public or private land through the Minister responsible for land matters. With this

development, Malawi Housing Corporation will be able to acquire land directly through village

land committees to be established after enactment of the New Customary Land Bill, 2012.

The Local Government (Amendment) Bill, 2012 seeks to harmonise it with the 2002 National

Land Policy by empowering the Chief Executive Officers and District Commissioners to

endorse and certify Valuation Rolls or Supplementary Valuation Rolls, empowering the Minister

Responsible for Land Matters to appoint Valuation Tribunals; and by mandating Tribunals to

consider objections to Valuation Rolls and Supplementary Valuation Rolls.

Last, but not least the Companies (Amendment) Bill, 2012 will require the Registrar of

Companies to furnish the Minister Responsible for Land Matters with information regarding the

status of shareholding of Companies in Malawi annually. In addition the Minister Responsible

for Land Matters will be empowered to have oversight of transformations and monitoring the

status of shareholding of body corporate owning freehold land in Malawi. This will make

freehold land subject to management controls unlike how it is currently the case

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ANNEX F: Environmental Principles for Guiding Sector Policies

The following are some sector-specific sustainability principles to be considered according to

the ESCF:

Agriculture Sector

Enhance the recycling of biomass, with a view to optimizing nutrient availability and

balancing nutrient flows over time;

Provide the most favourable soil conditions for plant growth, particularly organic matter

by enhancing soil biotic activity;

Minimize losses of energy and other growth factors within plants’ microenvironments

above and below ground;

Diversify species and genetic resources in the agro-ecosystem over time and space; and

Enhance beneficial biological interactions and synergies among components of agro-

biodiversity, thereby promoting key ecological processes and services.

Water Resources Sector

Policies and laws governing water resources management should be based on Integrated Water

Resources Management (IWRM) also known as the Dublin Principles:

Fresh water is a finite and vulnerable resource, essential to sustain life, development and

the environment;

Water development and management should be based on a participatory approach,

involving users, planners and policy-makers at all levels;

Women play a central role in the provision, management and safeguarding of water; and

Water has an economic value in all its competing uses and should be recognized as an

economic good.

Forestry Sector

From the 1992 UNCED, the non-legally binding authoritative statement on principles for a

global consensus on the management, conservation and sustainable development of all types of

forests was adopted and became the guiding principles for sustainable forestry management.

These principles include the following:

Governments have the sovereign right to exploit their own forest resources and have the

obligation to ensure that activities within their jurisdiction do not cause damage to the

environment of other states;

Governments have the sovereign right to utilize, manage and develop their forests in

accordance with their needs and level of socio-economic development;

Forest resources and forestlands should be sustainably managed to meet the social,

economic, ecological, cultural and spiritual needs of the present and future generations;

`


Governments should promote and provide opportunities for the stakeholder

participation in the development, planning and implementation of forest policies;

National policies and strategies should provide framework for increased efforts in the

management, conservation and sustainable development of forests and forestlands;

The vital role of forests in maintaining the ecological processes should be recognized;

National forest policies should recognize and duly support the identity, culture and

rights of indigenous people;

Efforts to maintain and increase forest cover and forest productivity should be

undertaken in degraded areas;

Sustainable forest management and use should be carried out in accordance with

national development policies and priorities and on the basis of environmentally sound

national guidelines;

Access to biological resources, including genetic material, shall be with due regard to

the sovereign rights of the countries where the forest are located;

New and additional financial resources should be provided to developing countries to

enable them to sustainably manage, conserve and develop their forest resources;

Institutional and human capacity building is critical for the sustainable management of

forest resources; and

Trade in forest products should be based on non-discriminatory and multilaterally

agreed rules and procedures consistent with international trade law practices.

Energy Sector

The following principles are intended to achieve sustainable energy production and use:

Reduce energy-related atmospheric emissions, and enact strict legislation for ecological

performance standards and labelling for energy services and systems;

Establish clear guidelines and internationally standardised evaluation methods for

determining the external effects and risks of all energy systems;

Create international, regional, national and local programs for energy efficiency

improvements, safety controls, waste management and emissions reductions;

Create programs for the substitution of non-renewable energy resources by

environmentally benign sustainable energy technologies;

Introduce full-cost pricing to reflect accurately the total life-cycle social and

environmental costs of energy production and consumption; and

Establish sustainable energy funds to finance energy efficiency improvements and the

best available environmentally sound energy technologies.

Fisheries Sector

Principles to guide efforts in promoting sustainable fisheries include:

`


Adopt a precautionary approach to fisheries management;

Ensure that all relevant stakeholders have a meaningful say in fisheries management;

Decrease fishing-fleet capacity and plan for stock fluctuations;

Protect ecological and species diversity;

Protect critical ocean habitat;

Create marine reserves to protect representative marine habitats;

Manage for and minimizing by-catch and discards in commercial fisheries;

Ensure that aquaculture operates under sustainable standards; and,

Invest in monitoring, enforcement and data acquisition.

Documents

FIINNAALL RREEPPOORRTT - UNDP...TABLE 4: SOME OF THE ORGANISATIONS WORKING IN THE SHIRE RIVER BASIN.....16 FINAL DRAFT REPORT/JUNE 2013. REVIEW OF POLICIES, LEGISLATION AND INSTITUTIONAL