SEAP - Policy, Legal and Institutional Working Group Report

LEVEL ONE

NATIONAL LAND AND ENVIRONMENTAL ACTION PLAN

NATIONAL LAND AND ENVIRONMENTAL POLICY

The National Land and Environmental Policy (NLEP) is to formally state which land and environmental related goals or broad objectives the National Development Strategy is setting out to achieve, and to be a framework and guidance in achieving these objectives. For example, the goal may be to achieve efficient and sustainable land use throughout the kingdom, to use land to assist in developing the human resource to its highest potential, to maximise the economic return, etc.

Once that goal is decided, it is possible to define policies, develop strategies, prioritise activities and to weigh alternatives. For example, natural resource management, agricultural production, infrastructural and residential development all require clearly defined policies. Such policies provide a framework for development and help avoiding conflict situations. They include clear guidelines and instructions on the direction, timing and location of balanced and sustainable land development.

The broadly-focused National Land and Environmental Policy should address matters of land management, administration and legislation, and include but not necessarily be limited to the following issues:

Economic: macro and micro, with particular reference to land economy and affordability (enabling markets to work), and to basic living requirements of the entire population, and inclusive of all land-related economic activities, such as energy and tourism, especially eco-tourism.
Environmental: with particular reference to conserving biodiversity, halting land degradation and employing sustainable land and water management practices.
Social/cultural: with particular reference to human settlements and rural to urban migration and its consequences.
Food security: especially the land and water related aspects of food production.
Land tenure: in particular arrangements related to Swazi Nation Land, Concession Land, Crown Land, Freehold Land, Farm Dwellers, Leasehold, and other proposals towards tenure.
Information: management of land and environment related information systems.

STATUS OF POLICY

Non-existent, despite calls for same by technical experts since at least 1983 (Nkambule, below), by His Majesty in 1993, by the National Workshop on Land Tenure in 1988, and by the Economic Vusela in 1995.

An approach has been made to the British Government for ODA provision of a facilitator towards local preparation of this policy.

ISSUES SUMMARY

Environment, land use and resource management

National prioritization and spatial planning of major land uses (animal production, arable cropping, forestry, nature conservation, settlements, industry, tourism, etc.).
Environmental degradation/desertification and (deforestation, declining biodiversity, loss of habitat, soil depletion, range and watershed degradation, etc.).
Invasion of alien flora and its consequences.
Optimal land use presently not necessarily the current land use.
Current unsustainable land use and land and environmental management, leading to declining production, degradation and contamination.
Loss of arable land to settlements, industry, roads, power lines, dams, parks, etc.
Management of water resources and catchment areas; conservation of wetlands and riparian zones; quality, quantity and efficiency of water delivery; competition in use for irrigation, settlement and industry; transboundary implications.
Energy demands increasing, but present use inefficient; dependency on RSA power supply (90% of all electricity).
Improper balance of energy sources: alternative renewable energy sources not fully explored; coal insufficiently exploited; wood overexploited.
Air and water pollution, including transboundary spill-overs.
Disposal of waste, especially hazardous and toxic waste.
Disposal versus recycling of urban waste in peri-urban and rural zones.
Deficiencies in land and environmental datebases / information management and availability.
Insufficient preparedness to deal with disasters.
Insufficient, fragmented and scattered environmental and land legislation.
Acute shortage of qualified environment and resource management professionals in both the public and private sectors.

Land tenure, land economics, population

Rapid population growth (3.4% annually).
Rural to urban migration and urban encroachment (5% urbanization annually): the interdependence and complementarity of the urban and rural sectors.
The centrality of property rights in economic performance and wealth distribution, in particular land-related property rights and their role in a commercial context and in encouraging entrepreneurship.
Lack of accessibility of the property market to Swazi citizens and enabling property markets to work to the benefit of Swazis.
Land tenure's relevance in social, cultural, environmental and economic contexts.
Gender issues in land tenure and land use rights and their social effects.
Need to change fundamental social attitudes towards land management.
Inclusion of land and ecosystem functions as well as land resources values in national accounts.
Capital investment in infrastructure versus land quality improvement.
Settlements develop unplanned and uncontrolled, without proper water, sanitation, waste disposal, etc.
Increase of environmental health related diseases; 80 percent of all diseases caused by contaminated water and improper sanitation, leading to unacceptable high mortality rates, especially of infants.
Acute shortage of qualified property professionals in both the public and private sectors.

SUMMARY POLICY PROPOSALS

Sources of relevant policy principles and practical policies include UNCED 1993 Agenda 21 on Environment and Development and its adoption in the SADC Regional Policy and Strategy, Habitat II (1996) and the Integrated Planning for Sustainable Use of Land Resources (FAO, 1995).

Relevant Swaziland documents include the draft 1995 National Physical Development Plan (NPDP), the Economic Vusela (1995) report and drafts and reports under the National Development Strategy (NDS). The NDS and in particular NPDP should be instrumental in setting out the spatial priorities, including the agroecological zoning concept, for the main subdivision at the next hierarchical level of rural, peri-urban and urban land and environmental policies, and providing guidelines for the interaction of these levels.

Broad Overall Objectives:

To employ the land resource towards achieving the vision of the National Development Strategy.
To alleviate poverty as a major underlying cause of environmental degradation.
To achieve the best possible use of the land through optimal sustainable management of land and water resources, in support of equitable economic development.
To improve the linkage of rural settlements with the mainstream of economic, social and cultural life, towards assuring sustainable communities and safe environments, and reduce pressure on urban growth.
To improve the nation's environmental conservation status and reduce desertification and land degradation.
To preserve natural heritage, including genetic, species and habitat diversity and maintain ecosystems function and integrity.
To improve living conditions and provide adequate and affordable shelter for the entire population.
To provide opportunities for all for land access and legal security of tenure.
To reduce significant threats to human health, ecosystems and future development.
To provide an efficient and effective supply of energy with optimum utilization of indigenous energy resources.
To achieve food security through environmentally sound management practices.
To promote human development and capacity building.

Policy Principles:

Human beings be entitled to a healthy productive life in harmony with nature.
The eradication of poverty is essential for sustainable land use.
That gender be eliminated as a criterion for allocation of land and other rights.
Land access and clearly defined and secure tenure are fundamental to the fights against poverty, inequity, overpopulation, ignorance, environmental degradation, and environmentally engendered illnesses and death.
Resources be shared and managed on an equitable and sustainable basis.
National land and environment policies be integrated with the policies guiding macroeconomic and social development.
Culture, heritage and social structures be recognized in resource management.
Markets be enabled to work, as the prime land and shelter delivery mechanism.
A choice of safe, reliable and affordable energy resources be made available to all.
The principle of free-market environmentalism be adopted and applied as the most powerful and efficient tool in the environmental regulatory framework.
Cost of pollution be born by the polluter, and liability and compensation for the victims of pollution be ensured.

Policy Practical Elements

Environment, Land Use and Resource Management:

Environmental protection rights should be applied, in the sense that all are bestowed with the proprietal right that the land, water and air used be uncontaminated.
Prioritization and spatial distribution of major land uses be based upon the agro-ecological zoning (AEZ) approach, with special reference to habitat and vegetation type differences.
Equitable, efficient and sustainable use be made of shared water resources, with priority for domestic use.
Conservation and rehabilitation of land and water resources as much as possible be integrated into all productive systems.
Planning, management and evaluation systems for land and other natural resources be improved and strengthened.
Environmental assessment and monitoring (Environmental Impact Assessment -EIA) be integrated into land development.
Resource consumption be reduced through recycling and conservation.
Practical and sound standards and guidelines be set to control environmental pollution.
Priority be given to integration of renewable energy technologies, such as solar, biomass, hydro, etc., into the overall energy supply.
The reliance on women for the provision of energy sources and water be reduced.
Regional integration and global cooperation on environment and development be increased.
Mechanisms be created to ensure the active involvement and participation of all stakeholders, particularly communities and people at the local level, in decisions on land use and environmental management.

Land Tenure, Land Economics, Population

Planning and decision making on zonation of urban, peri-urban and rural land be based on channelling short term social and market forces into desirable long term land use patterns.
Clearly defined, enforceable and transferable property rights, including land tenure, be expanded to include all property rights throughout the kingdom.
Land tenure arrangements be adapted to facilitate optimal sustainable development, being available to all Swazis, including women, through a wide tenure spectrum inclusive of the current SNL and freehold.
General access be provided to family planning services, with sufficient funding.
Government to facilitate an enabling legal and institutional framework for a well-functioning property market.
Linkages between urban centres and rural areas be maintained through efficient and affordable transport, information and communication systems.

Human Settlements and Environmental Health

Adequate shelter, infrastructure and services be made available at affordable financial and social cost, to all who are in need.
Levels of environmental quality required for sustainable management be defined for all types of human settlements.
Timely provision of land required for urban and rural settlement be pursued, after careful selection and thorough appraisal of other land use options.
Overall environmental conditions be improved to control environmental health hazards, and reduce infant and adult morbidity and mortality.

Policy Supportive Elements:

Effective land, settlement, health and general environmental legislation be formulated and enforced.
The formation of property-related professional organisations be encouraged to facilitate appropriate standards of professional, ethical and environmentally aware behaviour.
Information systems on land, ecosystems, environmental health, energy, etc. be strengthened.
Institutional framework for planning and decision making be improved.
Land management to adopt "Total Quality Management" systems and principles.
A mechanism or body with joint public and private sector membership be established to monitor the effectiveness of policy formulation.
Research and appropriate technological capacity be strengthened.
Education and public awareness on the importance of the environment, energy sources and land resource management be expanded.
Apply appropriate fiscal measures, including expenditure, taxation, monetary and planning policies to promote the adequate supply of land.

SUMMARY STRATEGY PROPOSALS

Overall strategic approach

A new approach is necessary in sustainable land related development, based on the following set of strategies:

To fully integrate environmental management and economic development planning.
To approach the planning and development of land and other natural resources in a holistic, integrated and cross-sectoral way.
To manage natural resources with shared responsibility.
To develop new partnerships on equitable basis and to involve all stakeholders in the decision making process.
To develop transparent, comprehensive and accessible systems for provision of land access and legal security of tenure.
To recognise the private sector as the prime mover in development, and to channel its energies towards sustainable development by clear direction.

One-sided sectoral approaches to land resource development are to be avoided as they may result in inappropriate use and degradation of resources. To adequately cover all sectors involved it is essential to develop new partnerships between departments, ministries, parastatals, NGO's, land-user associations, communities, individuals. Human resource development is the key to this strategic approach.

There is a need to assess present environmental conditions and trends, for which the following strategies were formulated by FAO (1995):

To develop and apply a framework for land use decision making based on land suitability and socio-economic evaluation.
To develop statistical and geo-referenced databases on land and environmental resources, on actual land uses and functions and on socio-economic conditions.

The development of the decision making framework and environmental databases in Swaziland has made good progress, but is still deficient in certain fields such as biotic resources. The information systems available can be used at various policy and decision making levels. Most of the direct application is at the lower hierarchical levels, especially rural and peri-urban.

Supportive strategic elements

The overall strategy also needs to include supportive elements, based on the land and environmental policy support part. For Swaziland it is important to make efficient use and benefit from regional data transfer and exchange of expertise.

To institute a "land institutions audit" that is, a systematic study of the legal institutions, legal instruments, and adjudicative processes affecting land, documenting the time, complexity and costs involved.
To introduce a comprehensive national Land Information System.
To accelerate regional integration, capacity building and information transfer, and to promote shared environmental responsibility.
To establish and implement consultative mechanisms between those responsible for employment generation, environmental protection, protection of cultural heritage, resource mobilization and the maximization of resource efficiency.
To integrate land and shelter policies with policies for reducing poverty and creating jobs.
To reorient education and training programmes towards sustainable development.
To increase public awareness and make information available with regard to environmental and development problems.
To establish one single institution with the overall authority to coordinate and deal with all land affairs and management of land, water and other natural resources.
To improve coordination between environmental institutions and organizations through an effective coordinating mechanism established and operated by the Swaziland Environment Authority.
To review, update, coordinate and enforce comprehensive land and environmental legislation.
To design land transfer mechanisms and instruments financially accessible to low income groups: simplified, cheap and easily manageable systems providing land title security -for example, standard forms for land transactions.
To develop human resources in land economy/valuation and law, environmental management and law, environmental assessment and evaluation.
To prepare comprehensive inventories of publicly held land as part of the land use planning and prioritisation exercise.
To assess land supply and demand and collect, analyse and disseminate information, and determine groups whose needs remain unmet by market mechanisms.

Land tenure strategy

The greatest contribution that land tenure policy can make supportive of national land policy is to clarify property rights. The greater the clarity, the less the confusion, the more the potential to achieve the overall objectives of the national land and environmental policy. The fundamental grounding of a land tenure policy is that all landed property rights reside in the Head of State unless delegated to a real or artificial person, unless evidenced in writing. History demonstrates that persons will not be motivated towards the above objectives without the possession of clearly defined and enforceable property rights.

The fundamental policy principle driving this category should therefore be that clearly defined and enforceable property rights be placed in the hands of as many individual Swazis as possible. That is, subject to the retention of all existing clearly defined de jure property rights, that all current de facto rights be made de jure by being evidenced in writing by His Majesty.

The Head of State to establish the authority to coordinate and deal with all land affairs and management of natural resources, to delineate all land, air and water property rights His Majesty sees fit to delegate to persons.

Develop and employ land codes and legal frameworks (for example a body of law, a cadastre, rules for property valuation and others) that define the nature of land and real property and all the rights that are formally recognized.
Such rights to be made enforceable, and guaranteed by the government.
Permit land exchange without undue restriction, and seek to constantly improve procedures towards making property transactions transparent and accountable.

Environmental protection strategy

In addition to the overall integrated environmental and development strategy, the following strategies specifically relate to environmental protection.

To modify national income accounts to make them reflect economic loss resulting from degradation of natural resources and loss of biodiversity.
SEA to determine a phased schedule (on the basis of allowing adequate time for polluters to amend current defiling practices) to introduce the enforceability of the "polluter pays the polluted" principle.
To audit the consumption of biologic resources in order to increase awareness of the balance between consumption and production.
To enforce, improve and monitor the implementation of the Environmental Audit, Assessment and Review Regulation with respect to all development projects.
To establish a monitoring and surveillance team to appraise the status of the environment on a country-wide basis.
To update and apply water quality standards.
To develop and apply air quality and noise pollution standards, including the phasing out of ozone depleting substances.
To monitor and control all polluting activities.
To improve and apply standards for the disposal of waste, as laid down in the Solid Waste Disposal Regulations.
To strengthen the advisory and information dissemination capacity of the Swaziland Environmental Authority and the Swaziland National Trust Commission.
To strongly involve the private sector in reducing pollution and improving management of waste, including storage and discharge.
To include environmental performance as a criterion in tender evaluation, following the Environmental Management Manual.
To ratify and implement programmes of Environmental Conventions, and make efficient use of the Convention facilities in preparing and implementing national action programmes.
To increase disaster alertness and preparedness through efficient organization, plans and measures to deal with disasters in general and the effects of drought in particular.
To recognize and use indigenous knowledge systems in resource management.
To maintain and enhance biodiversity as part of all development programmes.
To introduce protected area management categories, comprising a wide range from Nature Reserves to community environmental conservation units.

Settlement and environmental health strategy

In addition to the general regulatory environmental protection strategy, specific strategies relate to improving environmental health and living conditions. Planning for human settlements is best achieved in zonal patterns, with a human settlement hierarchy linked to the national spatial strategy.

To plan and design affordable urban and rural settlement schemes on a nationwide scale, with acceptable standards of living and health criteria.
Government to introduce and pursue sustainable urban management by providing and maintaining adequate infrastructure, such as water supply, sanitation, solid waste disposal, energy, roads and communications.
To introduce environmental monitoring in human settlements, especially in the peri-urban zone.
To implement national environmental health programmes with special attention to following aspects and components:
- safe water supply and sanitation
- pollution and solid waste control
- food safety, hygiene and security
- housing
- control of communicable diseases
- control of vermin (insects, rodents, etc.).
To develop innovative approaches of waste collection and encourage separation of waste according to different recycling and disposal methods.
To mobilize communities and neighbourhoods in solid waste collection and disposal; authorities to provide receptacles and satellite disposal sites and to encourage food for waste programmes in cleaning up operations.

National land use planning strategy

National land use planning is part of the practical strategy to achieve the overall development objectives, guided by the national land and environment policy and the policies identified in the various subsectors. Land use planning at national level provides a framework for balanced and sustainable rural, urban and peri-urban development.

At the national land and environment policy level there is therefore already a need to include an overall strategy on preferred land uses in the various zones and spheres of the country. For certain land uses, e.g. game and nature reserves, it is advantageous to have concentrations or zones. To avoid urban-rural conflicts, it is essential to have a clear strategy on which land to select for urban development and expansion, and how, when and where to plan for peri-urban transitions.

The differences in land suitability between the major agroecological zones of the country play an important role in the decision making process. Recommendations for such differentiated approach are available for Swaziland, and is further worked out at the rural and peri-urban land and environmental policy levels. Comparison of the recommended land use with the present use shows that much of the land is not optimally used. Changing to another land use is often the most rational development option.

To define spatial priorities for major urban, peri-urban and rural land uses.
To apply changes in major land uses in order to sustainably develop degraded, high potential or underutilised land, following standard land use change recommendations:
- eroded land (mostly rangeland): to reclaim through crop production (if suitable), forestry or specific nature conservation measures;
- land with high arable potential currently under grazing or forest: to introduce crop production systems.
- not used, underutilized and reserved land: to evaluate and determine land suitability, to compare options and to select appropriate use(s). This category of land offers the best opportunities for urban use, settlement and introduction of new land use types such as nature reserves.
- low potential or abandoned arable land: To evaluate for urban use/settlement, animal production (game and livestock), nature/game reserve.

National water resources development strategy

A national water resources development strategy is necessary to improve the supply and rational use of water. The limits of the use of surface water have been reached, and improvement can only be achieved by enlarging the storage capacity. Ground water development takes place by means of boreholes, but selective use has to be made of ground water resources. There are no quantitative assessments available of the recharge of ground water. Present indications are that ground water resources have to be reserved for domestic purposes, drinking water for livestock, and to a certain extent also for small-scale irrigation and minor industries. The use of ground water should not be planned for large-scale irrigation and macro-industries.

To establish a central government department or agency, such as a National Water Authority, where all responsibility and decision making in water development is concentrated. One of the major tasks is the coordination of all aspects of water development planning, implementation and monitoring programmes, including transboundary arrangements.
To formulate a National Water Resources Policy which deals with all aspects of surface and ground water development, regulation, apportionment, etc. Of particular importance is long term planning, based on the analysis of future needs and requirements of water, and the distribution according to the main water uses (urban, industrial, agro-industrial, rural domestic, irrigation, energy generation) and waste water treatment.
To define water catchment management plans for the major river systems, including dams, major water works and uses, with special attention to monitoring of water flows.
To improve the water storage capacity, based on both large and small to medium dams, in order to deal with future demands and to expand irrigated crop production. Land and water use plans, including irrigation and conservation programmes, should be integrated in order to make full and sustainable use of the water resources.
To improve water apportionment, water conservation (water saving irrigation methods, purification techniques, storage, etc.) and surface water monitoring (pollution control).

Energy strategy

Energy strategy is of fundamental importance to the effective functioning of the economy and is a crucial factor in ensuring an acceptable standard of living for all. The strategies presented below attempt to provide adequate and appropriate energy supply along with an opportunity for the energy sector to minimise its impact on the environment. However, it is important to understand that some measures, although reducing environmental impact locally, may have environmental implications globally. The increase in electricity consumption in rural areas may reduce the number of trees that are cut for firewood. However, the impact of increased emissions from generators in South Africa will have environmental impact that should be considered.

To appraise major long term energy supply options: imported electricity from South Africa and Mozambique versus locally produced energy (hydropower and coal fired power stations).
To increase connection rates in both urban and rural areas.
To permit excess electricity generating capacity installed within the local industry to supply national grid.
To gradually reduce reliance on petroleum and replace by alternative energy sources, such as ethanol.
To pursue optimal local use of the indigenous coal reserves.
To address the woodfuel supply and demand imbalance.
To further develop the recycling of wood waste from plantation forests.
To implement the Increased Utilization of Renewable Energy in Swaziland Action Plan.
To encourage the adoption of safe and fuel-efficient domestic energy end-use appliances.

Community participation strategy

To create an institutional framework which enables activities at the local level to be structured and coordinated in support of a coherent land management policy.
SEA to facilitate and cooperate with those religious organisations (eg Bahais), NGOs (eg Yonge Nawe) and service clubs (eg Rotary) that encourage environmental awareness.
Where appropriate, environmentally aware companies to be encouraged to promote their awareness in their advertising campaigns.
Environmental education to be transmitted as essentially complementary to customs and traditions. Traditional practices that subscribe to the sustainable use of the environment to be encouraged and publicised by the government, and those that are incompatible with same, and therefore ultimately destructive to the culture, to be discouraged or prohibited.
To target strategies to critical subject matters eg, firewood, ploughing and planting, livestock, and natural disasters.
To create the post of Environmental Integration Coordinator within the National Curriculum Centre of the Ministry of Education, to adapt the subjects in the formal education curriculum towards raising environmental awareness.
SEA and the SNTC, in cooperation with tinkhundla, to create at least one environmental education centre for each of the four regions of Swaziland.
To encourage the role of the media in community education and participation.

KEY REFERENCE MATERIAL.

The key references at the higher levels are also key references for the levels below them.

Aitken, C. 1995. Report on Land Related Legislation to the Government of Swaziland. Two Volumes.

FAO / MoAC Field Documents 9 & 10.

Farvaque, C. 1992. Reforming Urban Land Policies and Institutions in Developing Countries. Washington.World Bank Urban Management Programme.

Matsebula, M. 1992. "Development Goals in Swaziland: Strategies, Achievement and Policy Implications" in Okore, A. (Ed); Proceedings of the National Workshop on Population and Development: Focus on Swaziland, UNFPA/UNDESD, Department of Statistics & Demography, University of Swaziland.

Mc Dermott, M. 1996. Issues Paper for the Swaziland Economic Vusela and National Development Strategy . 3/96 (updated version): (extract).

MEPD 1995. Heading for Change Report of the Economic Review Commission. July 1995 (extracts).

MHUD 1995. National Physical Development Plan, 1996-2006: Plan Inc./Burrow Binnie Ltd. 2 Volumes. Mbabane.

MHUD 1995. Swaziland National Report for Habitat II.

MHUD 1993. Towards a National Land Policy for Swaziland.

MNRE 1993.The Proceedings of the National Seminar on Environment and Development. Makina, J.C. (Ed.) UNISWA

MoAC / USAID 1988. Report of the National Workshop on Land Tenure in Swaziland, Social Science Research Unit, University of Swaziland, Kwaluseni. University of Wisconsin.

Sagric International 1994 Land Information Management Strategic Plan. A report to the Government of Swaziland.

UNCHS 1996. The Habitat Agenda. Nairobi. Habitat.

MINISTERIAL INVOLVEMENT

Refer to Legal Notice No. 194 of 1996: including, but not necessarily limited to:

Deputy Prime Minister's Office (DPMO): Tinkhundla, Regional Administration, Community Development, Disaster Relief Administration);
Ministry of Economic Planning and Development (MEPD): (NDS, Population issues, statistics, census);
Ministry of Finance (MoF): (Land related Revenue Collection, Information Management);
Ministry of Natural Resources and Energy (MNRE): ( Land Resources, Valuation, Consolidation; Environmental Protection, SEA, Water, Wildlife, Game Act, National Trust, Mines, Surveys);
Ministry of Housing and Urban Development (MHUD): (Urban Land ,urban government (including the fiscal cadastres, WSC, Housing & Human Settlements, Physical Planning [NPDP]);
Ministry of Agriculture and Co-operatives (MoAC): (Agricultural land administration and use, Livestock, Crops, Forestry, Fisheries, Soil conservation, Irrigation, Rural settlement);
Ministry of Enterprise & Employment (MEE): (Industrial land);
Ministry of Justice (MoJ): (Registry of Deeds, Legislation, Conveyancing);
Ministry of Public Service & Information (MPSI): (Administration);
Ministry of Public Works & Transport (MPWT): (Roads and government buildings, including government housing administration);
Ministry of Transport and Communication (MTEC): (Planning and administration of transport infrastructure).