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| PROGRAMS
- Land Resources - Land Tenure |
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BEST PRACTICES ON TRANSBOUNDARY RESOURCE TENURE SECURITY: NETCAB Phase 2
While, droughts, pests, wars and other man-made disasters pose serious threats to the sustainable utilisation and management of natural resources, the greatest challenge lies in the creation and sustenance of appropriate institutional, policy and legislative regimes that will regulate access and control over resources. There is a highly mobile and interactive population within the vicinity of SADC's borders, which rely on natural resources. Governments in SADC have taken cognisance of the potential conflicts that could arise out of uncoordinated policies and strategies governing the use and management of natural resources.
To obtain an understanding of the policy conditions that impact on the effective use and management of natural resources in transborder areas, a study was commissioned by IUCN-ROSA under the second phase of NETCAB. The first phase reviewed land reform strategies and community based natural resources management in Botswana, South Africa, Mozambique, Zambia and Zimbabwe. In addition, case studies were conducted in the same countries.
Under phase two, a detailed literature review analysing land tenure and natural resource management policies in Zambia, Mozambique and Zimbabwe was carried out. More specifically, the study looked at policy and legislation governing the use and management of land, forests, wildlife, water and fishery resources. The intention of this study was to establish how the policy and legislative environment hinders or promotes human security in transborder areas. In addition, to the literature review study PRAs research including some comprehensive field studies will be conducted. In addition to the above activities the study has a training component on conflict management.
Outcomes and lessons that could be drawn from the literature review study: A synopsis
 In some rural communities of Mozambique, frequent land conflicts are associated with the
boundaries between plots.
In some Mozambican locations, there were and still are cases of management of natural
resources based on the common property principle by the local communities. In southern
Mozambique, such experiences include the exploration of mussel beds along the coast,
extraction of salt; fish pools and utilisation of traditional water wells, the use of holy places,
use of pasture areas, utilisation of certain fruit trees, cultivation of mushrooms and of
forests.
The current formal system of land tenure and of other natural resources recognises the right
to land through occupation for the local communities and through tenure for all other
individuals, including foreigners. An important aspect of this legislation is that for a person
to get right to use and/or to utilize land in a given area of Mozambican territory, it is
compulsory to present land use plan of the area. Local resident communities have also to
be consulted to verify whether or not the area in question is under use. This creates an
opportunity for the reduction of potential conflicts, common in the past between national,
foreign investors and the local communities.
There is a growing inclination towards participatory planning and effective community
involvement in many parts of southern Africa.
There is an absence of a 'demand-driven culture of policy formulation' among communities
of southern Africa. A demand-driven policy obtains where a community or group brings up
specific issues that affect them as well as arguing for specific policy positions which they
regard to support their interests.
In planning and promoting intra and international (transborder) utilisation and management
of resources, tenurial arrangements are central to the designing of sustainable and
acceptable interventions. The policy and legislative regimes of interested or affected states
are also important to the design of appropriate programmes.
Perceptions, views and interests of affected communities are critical in the design and
implementation of appropriate programmes and interventions.
Governments should recognise existing indigenous organisations/ traditional institutions
and support their resource management schemes.
Governments should use and build on existing indigenous knowledge systems of
environment and natural resource management. This process can begin by involving the
local communities and their indigenous practices in policy and legislation formulation.
Governments should be ready to establish the infrastructure for marketing natural resources
i.e. wildlife resources, to create incentives (such as subsidies), funds to initiate research
and technical facilities.
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ZERO - Regional
Environment Organisation - All Rights Reserved 2005 |
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Land