Review and streamlining of national

policies, plans, regional protocols and

international conventions in relation
to the Okavango Delta

Jaap Arntzen
Tiego Mpho
Kamwenje Nyalugwe
 POLICY, PLANNING AND STRATEGY
COMPONENT

Final report

Review and streamlining of national policies,

plans, regional protocols and international
conventions

October 2006

Department of Environmental Affairs

II
 Table of Contents

LIST OF FIGURES.................................................................................................................................... VI
LIST OF BOXES...................................................................................................................................... VII
ACRONYMS............................................................................................................................................ VIII
EXECUTIVE SUMMARY............................................................................................................................X
1.0 INTRODUCTION ............................................................................................................................ 1
1.1 THE OKAVANGO DELTA ................................................................................................................ 1
1.2 KEY ISSUES AND CHALLENGES ..................................................................................................... 2
1.2.1 Conflicting interests and uses.......................................................................................... 2
1.2.2 Platforms for coordination and cooperation................................................................... 3
1.2.3 Integration and interaction................................................................................................ 3
1.2.4 Well-defined procedures of interaction........................................................................... 3
1.2.5 Understanding linkages between ecosystems and human development ................. 3
1.2.6 Diverse stakeholder groups ............................................................................................. 3
1.2.7 No common developmental vision for Okavango Delta Ecosystem .......................... 4
1.3 OKAVANGO DELTA MANAGEMENT PLAN ...................................................................................... 4
1.4 PURPOSE OF THE POLICY REVIEW ................................................................................................ 5
1.5 OBJECTIVES OF THE REVIEW AND VISIONING EXERCISE .............................................................. 6
1.6 APPROACH AND METHODOLOGY .................................................................................................. 7
1.7 CRITERIA FOR SELECTION OF POLICY AND LEGISLATION .................................................................... 7
2.0 INTERNATIONAL CONVENTIONS AND REGIONAL PROTOCOLS .................................. 9
2.1 INTRODUCTION .............................................................................................................................. 9
2.2 INTERNATIONAL AGREEMENTS AND CONVENTIONS ...................................................................... 9
2.2.1 The Convention on Wetlands of International Importance (Ramsar 1971)............. 10
2.2.2 UN Framework Convention for Climate Change (UNFCCC) .................................... 11
2.2.3 UN Convention on Biodiversity (UNCBD) .................................................................... 11
2.2.4 Convention on International Trade in Endangered Species (CITES) ...................... 12
2.2.5 UN Convention to Combat Desertification (UNCCD) ................................................. 13
2.2.6 UN Convention on the Law of Non-Navigational Use of International
Watercourses..................................................................................................................................... 14
2.2.7 Basel Convention on the Control of Transboundary Movements of Hazardous
Wastes and their Disposal (1989) .................................................................................................. 14
2.2.8 Bamako Convention, 1991............................................................................................. 15
2.3 REGIONAL AGREEMENTS AND PROTOCOLS ............................................................................... 15
2.3.1 SADC Revised Protocol on Shared Watercourse Systems ...................................... 15
2.3.2 The Agreement Establishing the Permanent Okavango River Basin Water
Commission (OKACOM Agreement) ............................................................................................. 16
2.3.3 SADC Regional Water Policy (2006)............................................................................ 17
2.3.4 SADC Protocol on Fisheries .......................................................................................... 17
2.3.5 SADC Protocol on Development of Tourism ............................................................... 18
2.3.6 SADC Protocol on Wildlife Conservation and Law Enforcement ............................. 19
2.3.7 SADC Protocol on Forestry ................................................................................................... 20
2.3.8 SADC Protocol on Energy ..................................................................................................... 21
2.3.9 SADC Protocol on Mining ...................................................................................................... 22
3.0 NATIONAL POLICIES, STRATEGIES AND REGULATIONS ............................................. 23
3.1 ENVIRONMENTAL POLICIES, STRATEGIES AND REGULATIONS ................................................... 23
3.1.1 The National Policy on Natural Resources Conservation and Development ......... 23
3.1.2 Draft Community Based Natural Resources Management Policy (2003)....................... 24
3.1.3 Botswana Wetlands Policy and Strategy............................................................................. 25

III
 3.1.4 Botswana Biodiversity Strategy and Action Plan (BSAP).......................................... 26
3.1.5 Revised National Action Plan to Combat Desertification (NAPCOD) ...................... 28
3.2 RESOURCE POLICIES .................................................................................................................. 29
3.2.1 Land................................................................................................................................... 29
3.2.2 Wildlife resources ............................................................................................................ 30
3.2.3 Draft National Forest Policy (2005)............................................................................... 33
3.2.4 Botswana National Water Resource Management Plan ........................................... 33
3.3 DEVELOPMENT POLICIES ................................................................................................................... 34
3.3.1 The Revised National Policy for Rural Development (2002) .................................... 34
3.3.2 Community-based Rural Development Strategy 1996............................................... 35
3.3.3 Botswana National Settlement Policy (1998) ............................................................... 36
3.3.4 The Privatisation Policy ................................................................................................... 38
3.3.5Science and Technology Policy for Botswana..................................................................... 38
3.4 ECONOMIC SECTOR POLICIES .................................................................................................... 39
3.4.1 Tourism sector......................................................................................................................... 39
3.4.2 The Agricultural Sector ................................................................................................... 41
4.0 LEGISLATIVE REVIEW AND ANALYSIS ................................................................................. 43
4.1 GENERAL DEVELOPMENT AND GOVERNANCE ACTS ........................................................................ 43
4.1.1 The Constitution of Botswana........................................................................................ 43
4.1.2 Administrative Districts Act .................................................................................................... 43
4.1.3 Local Government (District Councils) Act............................................................................ 44
4.1.4 Industrial Development Act.................................................................................................... 45
4.1.5 Acquisition of Property Act..................................................................................................... 45
4.1.6 Public Health Act..................................................................................................................... 45
4.2 ENVIRONMENTAL AND NATURAL RESOURCE ACTS ................................................................... 46
4.2.1Environmental Impact Assessment Act (2005).................................................................... 46
4.2.2 Waste Management Act (1998) ............................................................................................ 46
4.2.3 Land Resources ...................................................................................................................... 47
4.2.4 Wildlife Resources .................................................................................................................. 49
4.2.5 Agricultural Resources ........................................................................................................... 49
4.2.6 Herbage Preservation (Prevention of veld fires) Act (1977) ..................................... 50
4.2.7 Forestry Act (1968 and 2005) ........................................................................................ 50
4.2.8 Fish Protection Act 1975 ................................................................................................ 50
WATER WORKS ACT 1962.................................................................................................................... 51
4.3 SECTORAL ACTS ......................................................................................................................... 52
4.3.1 Mines Quarries Works and Machinery Act ..................................................................... 52
4.3.2 Agriculture............................................................................................................................. 52
4.3.3 TOURISM .................................................................................................................................. 53
5.0 POLICY ANALYSIS .................................................................................................................. 54
5.1 INTRODUCTION ............................................................................................................................ 54
5.3 GENERAL OBSERVATIONS ........................................................................................................... 55
5.4 POLICY REVIEW ........................................................................................................................... 57
5.4.1 Participation of local communities and private sector.................................................. 57
5.4.2 Decentralisation of resource management and policy implementation ...................... 58
5.4.3 Coordination between policies and different stakeholders........................................... 59
5.4.4 Policy, sectoral and resource conflicts............................................................................ 59
5.4.5 Environmental perspective ................................................................................................ 60
5.4.6 Ecosystem integrity, resources as economic goods and environmental
externalities........................................................................................................................................ 61
5.4.7 Promoting sustainable resource use ............................................................................ 61
5.4.8 Use of instruments........................................................................................................... 62
5.4.9 Role of research and indigenous knowledge .............................................................. 63

IV
 5.4.10 Gender and youth issues ............................................................................................... 63
5.4.11 CONCLUDING REMARKS ............................................................................................................... 63
5.5 RECOMMENDATIONS ................................................................................................................... 64
5.5.1 Institutions and organisations ........................................................................................ 64
5.5.2 Resource planning ........................................................................................................... 64
5.5.3 Resource rights................................................................................................................ 65
5.5.4 Policies .............................................................................................................................. 65
5.5.5 Resource monitoring and research............................................................................... 66
5.5.6 Support for CBNRM ........................................................................................................ 66
5.5.7 Sectoral development ..................................................................................................... 66
REFERENCES........................................................................................................................................... 68
APPENDIX 1: DEFINITION AND TERMINOLOGY ............................................................................. 71
APPENDIX 2: SETTLEMENT SIZES IN NGAMILAND DISTRICT IN 2001 .................................... 73
APPENDIX 3: PLANNING ZONES OF NGAMILAND DISTRICT ..................................................... 73
APPENDIX 4: SETTLEMENT HIERARCHY IN THE DISTRICT ....................................................... 73

V
 List of Figures

Figure 1 - Location of the Okavango Ramsar Site .................................................................. 1

Figure 2: The Policy Formulation Cycle .................................................................................. 55

VI
 List of Boxes

Box 1: Ecosystem approach principles ..................................................................................... 8

Box 2. Ramsar concept of ‘wise use’......................................................................................... 8
Box 3: Key areas and measures of UNCBD .......................................................................... 12
Box 4: Examples of CITES listed Okavango Delta fauna and flora .................................... 13
Box 5: SADC water policy principles ....................................................................................... 17
Box 6: Proposed areas and measures in SADC Protocol on Forestry............................... 20
Box 7: Developmental and environmental goals of the 1990 White Paper. ...................... 23
Box 8: Strategic objectives and proposed activities (BSAP)................................................ 26
Box 9: Recommended measures for different land tenure categories. .............................. 30
Box 10: Objectives and measures of the DSP....................................................................... 37

VII
 Acronyms

ADP Agricultural Development Policy

ARB Agricultural Resources Board
BRIMP Botswana Rangeland Inventory and Monitoring Project
BSAP Biodiversity Strategy and Action Plan
CBNRM Community Based Natural Resources Management
CBO Community Based Organisation
CBPP Contagious Bovine Pleuro Pneumonia
CHAs Community Hunting Areas
CITES Convention on International Trade in Endangered Species
DAHP Department of Animal Health and Production
DC District Commissioner
DCP Department of Crop Production
DDP District Development Plan
DEA Department of Environmental Affairs
DFRR Department of Forestry and Range Resources
DoT Department of Tourism
DPCWM Department of Sanitation and Waste Management
DSP District Settlement Policy
DSS District Settlement Strategy
DTRP Department of Town and Regional Planning
DWA Department of Water Affairs
DWMPC Department of Waste Management and Pollution Control
DWNP Department of Wildlife and National Parks
EIA Environmental Impact Assessment
FAO Food and Agricultural Organisation
GoB Government of Botswana
HOORC Harry Oppenheimer Okavango Research Centre
IUCN The World Conservation Union
IWRM Integrated Water Resources Management
LB Land Board
MEWT Ministry of Environment Wildlife and Tourism
MFDP Ministry of Finance and Development Planning
NAMPAADD National Master Plan for Arable and Dairy Production
NAP National Action Plan
NAPCOD. National Action Plan to Combat Desertification
NCSA National Conservation Strategy Agency

VIII
NDP National Development Plan
NGO Non Governmental Organisation
NOMP National Ostrich Management Plan
CEDA Citizen Empowerment Development Agency
NSP National Settlement Policy
NWDC North West District Council
ODMP Okavango Delta Management Plan
OKACOM Permanent Okavango River Basin Commission
RADP Remote Area Development Programme
SADC Southern African Development Community
SD Sustainable Development
SEA Strategic Environmental Assessment
SHHA Self Help Housing Agency
TAC Technical Advisory Committee
TGLP Tribal Grazing Land Policy
TLB Tawana Land Board
UN United Nations
UNCBD UN Convention on Biodiversity
UNCCD UN Convention to Combat Desertification
UNCLOS UN Convention on the Law of the Sea
UNDP United Nations Development Programme
UNFCCC United Nations Framework Convention for Climate Change
WMAs Wildlife Management Areas

IX
EXECUTIVE SUMMARY

The report presents the main findings and recommendations of the policy review
exercise carried out as part of the Okavango Delta Management Plan (ODMP)
preparation. Together with “Development of a Common Vision for the Okavango Delta
Ramsar Site’ and ‘Economic Valuation of the Okavango Delta’, the ‘Reviewing and
Streamlining of National Policies Affecting the Okavango Delta Ramsar Site’ are part of
the ‘Policy, Planning and Strategy Component’ of the ODMP implemented and executed
by the Department of Environmental Affairs (DEA).

After introducing the study area, objectives of the study and ODMP in chapter one,
chapter two of the report sets the stage for the actual review and analysis of all relevant
national policies and legislation (chapter three and four respectively), with respect to the
Okavango Delta. This is achieved via a systematic and abridged commentary on the
main international and regional (SADC) conventions and treaties.

The concluding chapter, chapter five, analyses multiple international and national
policies, strategies and legislation and the analysis leads to specific recommendations,
among others, for policy and legislative development (see below). For example, the
review showed that there is inadequate coordination between rural development and
resource/environmental policies and in that light, certain policies are identified as
especially comprehensive and integrative and as such should be used as vehicles for
integration and coordination. For the ODMP, these include the revised rural development
strategy, NCSA White paper on conservation and development, settlement policy and
wetlands policy. Moreover, some policies and Acts are old, and were approved prior to
conservation and development paradigm shifts now extant. Examples include the
Forestry policy and Act, the Herbage Preservation Act and Agricultural Resources
Conservation Act. It is therefore recommended that national policies be regularly up-
dated or revised in order to assimilate recent insight and binding international
commitment.

Comparative analysis of policies revealed that conflicts between such manifest mainly
during implementation than otherwise. As such underlying causes of conflict between
policies are typically: inadequate coordination between policies, diverging stakeholder
interests and discrepancies between policy design and implementation. In the delta
specifically, [sectoral] conflicts have arisen between fisheries and tourism, subsistence
use and tourism, wildlife and livestock, wildlife and arable production and wildlife and
people as well as between hunting and photographic safaris. The review also submits
that conflicts can also stem from institutional uncertainty vis-à-vis roles and
responsibilities. For example, redefining the role of the Department of Tourism for
purposes of clarity and avoiding overlap and competition should accompany the creation
of the Botswana Tourism Board.

It is hoped that the following recommendations emerging from this review process will go
a long way towards the streamlining of relevant national policies and plans with
principles of sustainable development, more especially the Ecosystem Approach. Such a
course will most likely strengthen sustainable utilisation and conservation of the
Okavango Delta ecosystem and associated resources by all and for all stakeholders.

X
Institutions and organisations

‰ Recognising that the North West District Council and the Tawana Land Board are
two indispensable agencies for successful implementation of the ODMP, it is
prudent therefore for the ODMP implementation agency to be located inside the
NWDC or the Land Board.

‰ Also, for efficiency of implementation of the ODMP, the coordinating roles of

DLUPU (land and settlements) and TAC (wildlife and CBNRM) need to be
emphasised.

‰ In future, a district water planning unit may be required in recognition of the key
role of water resources.

‰ There is need for greater involvement of private sector and communities in policy
formulation and implementation. Communities and the private sector should
participate in the implementation of ODMP.

‰ It is further recommended that the responsibilities and duties of the new

Botswana Tourism Board and the Department of Tourism be urgently clarified to
avoid confusion and conflicts. A merging of the two needs to be considered.

Resource planning

‰ In line with existing laws and policies, the following zones need to be identified
and protected accordingly:
¾ Fertile arable land
¾ Environmentally sensitive areas e.g., special breeding areas for birds, fish etc
¾ Grazing areas and
¾ Forest Reserves.

‰ Land use zones should be based on comparative advantages and encourage

where possible multiple, complementary resource uses (e.g. Forest Reserve and
photographic tourism).

‰ Settlements and villages inside sensitive areas, presumably mostly the delta
proper, should be discouraged.

‰ Wastewater (Maun, Gumare and in future Shakawe) must be treated as an

economic resource that could be used for irrigation, fish farming or other
productive purposes.

Resource rights

‰ The number of resources distinguished in Acts and policies need to be reduced

and there is need for harmonisation and structuring. The term ‘agricultural
resource’ should be dropped. The terms veld products and/or range resources as
well as open woodlands and/or savannas need to be defined.

‰ The resource rights need to be clearly spelled out to recipients in terms of:

XI
 ¾ Ownership, use or development rights;
¾ Which resources are covered and exclusivity (or not) of rights;
¾ Which other resource rights are permitted in the same area and which
ones are not?
¾ Technical details such as transferability, duration etc.

‰ If national laws do not provide the required details, the DC can make byelaws or
the LB can include it in the lease requirements.

‰ There is need to educate right holders and other stakeholders about the nature
of such rights to reduce conflicts (e.g. PR campaign).

Policies

‰ Improving livelihoods and rural development need to go hand-in-hand with

resource conservation and utilisation. As such, the ODMP should be firmly rooted
in key development and environmental policies that adopt an integrated
environmental perspective namely:

¾ National policies: Vision 2016 and NDPs; wetland policy and BSAP;
wildlife and tourism policies; revised Rural Development Policy
¾ International policies: Ramsar, SADC water and Forestry Protocols and
opportunities for transfrontier management, NAPCD.

‰ The delta needs to be declared a sensitive area, for which all policies and
projects are subject to EIAs/ SEAs, unless the director of DEA rules otherwise.

‰ ODMP implementation should be based on several environmental policy

principles:

¾ Precautionary principle (e.g. no large scale irrigation given the environmental

risks),
¾ User-pays-principle (esp. for commercial acivities) and
¾ Polluter-pays-principle.

‰ Labour-based social welfare projects could be used to encourage environmental

rehabilitation and CBNRM support (e.g. working for water, wood etc.).

‰ Resource revenues from resource charges need to be accounted for in a

transparent manner, and preferably they should be re-invested in the sector’s
further development (e.g. tourism, wildlife, CBNRM).

‰ It is important that operational indicators are developed for the assessment of

sustainable use/ yields or of resource use ceilings.

‰ Byelaws need to be developed and existing resource management

instruments be used to promote sustainable resource management and
CBNRM.

XII
 ‰ Citizen hunting needs to be abolished in the Ramsar site and the quota need
to be transferred to communities or commercial operators.

‰ Tribal land needs to be viewed as both an economically productive and social

good instead of primarily a social good, for example by introducing market
forces in their allocation and use.

‰ A policy needs to be developed to manage and sustainably use flora

resources in communal areas, which currently suffer from open access (e.g.
through broadening of CBNRM to include economic botany).

‰ There is need for policy harmonisation and rationalisation in the areas of:

¾ Agricultural Resources Conservation Act, the Forest Act and the herbage
Preservation Act; The Acts could be merged into a range resources or
Veld products Policy and Act. It would imply that the ARB will be
abolished and the existing Acts would be repealed.
¾ The Tribal Land Act and the Town and Country Planning Act. The latter
needs to concentrate on peri-urban areas and land developments around
large villages through the declaration of planning areas. The authorities of
the TCPB and the LBs need to be clearly delineated to avoid overlap and
conflicts;
¾ Pollution control policies and legislation to ensure full coverage of all
forms of pollution in an integrated and efficient manner (e.g. water
pollution, air pollution, waste, hazardous material, noise);

Resource monitoring and research

‰ Monitoring and research aim to support policy formulation, implementation

and performance. Resource stocks and sustainable harvest levels need to be
assessed and regularly up-dated. Moreover, it is important to assess the
comparative advantages of different economic sectors, esp. tourism and
wildlife compared to agriculture.

‰ Much is still unknown or uncertain about the dynamics of the delta (e.g.
causes of changes in water flows and tilting of the delta). The ODMP data
base and follow up research should generate the missing information.

‰ In the absence of conclusive data, the precautionary principle should be

invoked.

Support for CBNRM

‰ The community benefits from Parks should be increased through Community

zones, collection of veld products and firewood and Park and People strategy.

‰ Moreover, the skills and capacity of CBOs need to be enhanced through long
term assistance and promoting joint ventures. Support could be linked to RADP,
ADP, RRDP and the CBNRM policy

XIII
Sectoral development

‰ With respect to dryland arable farming, continued support needs to be offered to

[subsistence] farmers whilst bearing in mind that the area’s potential for
[commercial] dryland farming is extremely limited, and therefore this sector
should not be encouraged in the area.

‰ Molapo farming could be encouraged in the relevant areas based on the better
soils and soil moisture conditions. There is need to increase its yields.

‰ With respect to livestock production, the viability of livestock ranching is doubtful

given present market conditions. Switching towards game farming could benefit
the tourism sector.

‰ Cattle post farming and village area farming: can be encouraged but away from
the delta and WMAs.

‰ With respect to tourism, diversification and further development need to be

promoted subject to sustainable resource use. CBNRM needs to be integral part
in tourism development and diversification, and is an important means of
achieving a fairer distribution of the sector.

XIV
1.0 INTRODUCTION

1.1 The Okavango Delta

Often referred to as the “jewel of the Kalahari”, the Okavango delta is one of the most
remarkable river ecosystems in the world. It is a ‘true’ oasis in what should otherwise be
a harsh desert environment; the 12 000 km2 in-land delta is home to over 120 species of
mammals, 500 birds, over 600 herbs and 195 woody plants and is the focus of
Botswana’s ecotourism.

Situated in the north-western edge of Botswana’s Kalahari sand veld, the delta forms the
end of the Okavango River Basin. The river system rises in Angola as the Kubango and
is joined by the Cuito River before crossing the Caprivi Strip of Namibia into Botswana.
Like very few other large rivers, the Okavango has so far remained relatively pristine.
However, development pressures are rising, making resource conservation and
sustainable use critically important.

Figure 1 - Location of the Okavango Ramsar Site

1
The Government of Botswana ratified the Convention on Wetlands of International
Importance in April 1997 and listed the Okavango Delta and the surrounding areas as a
Ramsar site (Figure 1). The delta is currently the largest Ramsar site in the world. It is
located entirely within the Ngamiland District, and experiences large variations in
flooding of seasonal and intermittently flooded areas. Annual inflow ranges from 7 000 to
15 000 million cubic metres; flow variations have a profound effect on ecological
processes such as sedimentation and water distribution.

Poverty is still high at 30.2% country-wide (Budget Speech 2005/06) and poverty has
proved to be very persistent over the years, aggravated by Contagious Bovine Pleuro
Pneumonia (CBPP) outbreak and subsequent killing of all cattle in Ngamiland district.
Most of the population in Ngamiland outside Maun depends directly on the utilisation of
natural resources of the delta for subsistence. However, natural factors such as changes
in flow pattern, outbreaks of diseases and the prevalence of tsetse fly have restricted
land settlement and use of the Delta. Many ethnic groups, all with different perceptions
of land and natural resource utilisation, are presently living mainly along the fringes of
the Delta. Fishing, hunting, livestock grazing, floodplain cultivation and collection of raw
materials for building, fuel and the production of handicrafts are important factors of the
local economy. Although arable agriculture is also practised in Ngamiland it is mainly at
a subsistence level through small-scale flood recession farming (“molapo” farming).
According to the National Master Plan for Arable and Dairy Development (NAMPAADD)
the soils and prevailing climate are generally not well suited for large-scale, commercial
crop production.

1.2 Key issues and challenges

While Botswana has over the years created a stable enabling environment for
sustainable development, the country still faces a number of challenges in its
endeavours to achieve real sustainable and effective management of ecosystems and
related natural resources. Many of these challenges have been encountered in the
Okavango Delta.

1.2.1 Conflicting interests and uses

There are three elements that form the axis on which issues surrounding the delta
revolve. These include the fact that the delta itself, with its ecological qualities and the
natural processes is a complex system. Due to natural processes, there have been
some signs of the delta diminishing in size due to lower rainfall and less inflows (ODMP
Hydrology Component Reports) . This is happening within the context of increasing use.
Secondly, there is a wide range of land and resource utilisation practices undertaken by
a spectrum of users (e.g. residents and private sector tour operators) who derive
varying benefits from the resources of the delta. Thirdly, there is a varied range of actors
and role players (e.g. GoB institutions not directly involved in the ODMP) involved in
managing the delta’s resources, each with their own mandate, practices and interests.
While some of these actions can be complimentary, others are conflicting and
detrimental to the vitality of the Delta.

2
1.2.2 Platforms for coordination and cooperation

Botswana has a wide range of policies, legislation and plans for sustainable
development and the effective management of the delta ecosystem. The main challenge
is coordinated implementation. In most cases, platforms for this coordination and
cooperation do not exist or are not yet effective. The use and management of the
Okavango Delta ecosystem requires institutional structures that can effectively facilitate
the necessary coordination within and between the various sectors in order to achieve
sustainable natural resource use and maintain the balance of the ecosystem.

1.2.3 Integration and interaction

Integrated natural resources management is an important contemporary development

agenda which helps to address institutional problems and capacity building for the use,
control, preservation and sustainability of natural resources. Integrated resource
management therefore refers to the management of natural resources. The current
largely sectoral approach to management is a major challenge faced in the use and
management of the Okavango Delta ecosystem.

1.2.4 Well-defined procedures of interaction

Well-defined procedures of interaction between and among stakeholders are key to the
success and effectiveness of institutional frameworks and arrangements for sustainable
development and effective management of ecosystems. While Botswana has made
considerable efforts in facilitating interactions among various stakeholders, well-defined
procedures are still limited and this is a key challenge for the sustainable use of the
Delta’s natural resources. For instance traditional regimes and frameworks are not
adequately recognised and integrated in these frameworks.

1.2.5 Understanding linkages between ecosystems and human development

An ecosystem is a dynamic complex of plant, animal and micro-organism communities

and their non-living environment interacting as a functional, largely self sustaining unit
but also in conjunction with the larger cycles of nature. People and ecosystems are
bound together by the strands of a web that is both resilient and complex. Understanding
these relationships is critical to sustainable use of natural resources. The understanding
and appreciation of the links between ecosystems and human development is limited
countrywide and failure to pay attention to ecosystem services will ultimately limit human
development.

1.2.6 Diverse stakeholder groups

Being a large and one of the prime ecosystems in Botswana, the Okavango Delta has a
large number of stakeholders. These in turn produce complex sub-sets of individual and
collective actions that take place on a daily basis in the Delta, all with economic, political,
social, cultural or ecological motivations. Farmers graze and water their cattle; women

3
cut palm leaves for their baskets; boys fish for their supper; men cut down age-old trees
to make mokoro; tourists go on game drives; Non-Governmental Organizations (NGOs)
and universities set up camps to conduct research; the North West District Council
(NWDC) and the Department of Water Affairs (DWA) drill boreholes and constructed
pipelines to provide water to settlements; the Tsetse Fly Control Unit erects insecticide-
impregnated flags in tsetse prone areas; etc. (IUCN Botswana, 2002).

A big challenge lies in fostering effective coordination and collaboration among and
between groups of stakeholders, which are currently involved in the management of the
ecosystem and in bringing on board relevant new players. Although the Department of
Environmental Affairs (DEA) plays a critical role in fostering coordination, there is no
common vision and appropriate framework, which brings players with different interests
and intentions together.

1.2.7 No common developmental vision for Okavango Delta Ecosystem

The experience in ecosystem management, within a situation of diverse stakeholders

has shown that sustainable use and effective management cannot achieve its full
potential if there is no common overall objective. In an ecosystem, a single unit affected
by the interplay of a multitude of stakeholders whose interests and aspirations are
sometimes competing and conflicting, a common shared vision and/or aspiration is a
very important dimension in the sustainable use and effective management of the
system. Given the diversity of stakeholders and their interests in the Okavango Delta,
the development of a common vision among stakeholders is of paramount importance.
This delta vision would fit into the National Vision 2016 (see chapter 3).

1.3 Okavango Delta Management Plan

Concerns over increasing threats to, as well as actual impacts on the well-being and of
the Okavango Delta and other wetlands have been raised and observed over the years.
Among other factors, such changes have been attributed to a growing population, its
accompanying socio-economic developments and the impacts of these. Land use
conflicts are common and resource management strategies are not always in harmony.
These concerns led Government to develop the draft National Wetlands Policy and
Strategy (2001). The provisions of the Wetlands Policy, including obligations under the
Ramsar Convention, require that Botswana develop an Integrated Management Plan of
the Okavango Delta.

The specific objective of this exercise is to develop a comprehensive, integrated

management plan for the conservation and sustainable use of the Okavango Delta and
surrounding areas (NCSA & ODMP, 2004). The long-term goal of the Okavango Delta
Management Plan is to ‘integrate resource management for the Okavango Delta that will
ensure its long-term conservation and that will provide benefits for the present and future
well being of people through sustainable use of its natural resources.” (NCSA, 2002).

The Project consists of twelve sectoral components which are under the oversight of
different agencies, and these include, Policy, Planning and Strategy – including project
management, co-ordination, integration, technical assistance: National Conservation

4
Strategy Agency (NCSA), Communication: National Conservation Strategy Agency
(NCSA), Hydrology and water resources: Department of Water Affairs (DWA), Wildlife
Management: Department of Wildlife and National Parks (DWNP), Fisheries
Management: Department of Wildlife and National Parks (DWNP), Division of Fisheries,
Sustainable Tourism and CBNRM: Department of Tourism (DoT) and North West District
Council (NWDC), Waste Management: North West District Council (NWDC), Physical
Planning: Department of Town and Regional Planning (DTRP) through physical planners
at the North West District Council, Sustainable Livestock Management: Department of
Animal Health and Production (DAHP), Vegetation Resources: Department of Crop
Production (DCP), Division of Forestry and the Agricultural Resources Board (ARB),
Land use Planning and Land Management: Tawana Land Board (TLB) in association
with DLUPU, and Research, Data Storage and Data Management: Harry Oppenheimer
Okavango Research Centre (HOORC).

1.4 Purpose of the policy review

In pursuit of its objective of sustainable use and management of the Okavango Delta
ecosystem resources, the Government realised that many policies that currently drive
execution of the various sector programmes in Botswana are often not formulated or
implemented in consonance either with one another or with the principles of sustainable
development. The existing policies are frequently at odds with each other and promote
sectional interest at the expense of inter-sectoral cohesion and coordination.

Recognising these challenges and gaps, government included the review and
streamlining of existing policies as part of the Policy, Planning and Strategy component.
The policy, planning and strategy component entails, inter alia, the ‘Reviewing and
streamlining of national policies affecting the Okavango Delta Ramsar Site’ and the
‘Development of a common vision for Okavango Delta Ramsar Site”. The need for a
policy review and streamlining also arose from the critical examination of some of the
existing shortfalls in the management of the Delta. For instance, the ODMP Inception
Report, February 2005 notes that there are a number of policy and visioning issues and
challenges facing the government in its attempts to manage the Delta. These include:

• Conflicting and contradictory policies and plans

• Insufficient and inappropriate stakeholder communication and consultative mechanisms
• Inaccessible existing information
• Research gaps, specifically in relation to management needs
• Water abstraction and obstruction by competing users
• Lack of understanding of the areas’ hydrology
• The large and increasing elephant population
• Human – wildlife conflicts
• Unsustainable or inappropriate tourism practices and numbers
• Ineffective community based natural resource management (CBNRM) programmes
• Possible over fishing
• Unsustainable harvesting of veldt products
• Veld fires
• Inappropriate or unsustainable settlement development
• Inappropriate or unsustainable land use practices
• Inappropriate or insufficient waste management practices
• Veterinary fences vis-à-vis wildlife migratory routes.

5
 • Proximity of livestock to wildlife

The review of national policies, plans, regional protocols and international conventions
will therefore assist to streamline them so that they are consistent with principles of
sustainable development and the holistic management of the Okavango Delta
ecosystem. The streamlining of conflicting policies will enable Government to manage
the Delta in a manner that is consonant with international best practice. The importance
of the analysis of the policy framework is that policies are a foundational setting for
governance structures related to the Delta. Guidance for the development of robust
policies is important in achieving effective environmental, social and economic
governance of the Delta, in which all the actors including the environment are aware of
their interdependence and responsibilities towards each other.

The process of developing an integrated management plan for the Okavango Delta is
bringing together diverse interests of local, national, regional and international
stakeholders. A number of these needs and interests are of a potentially conflicting
nature and this applies at the local and national level within the Okavango Delta itself
and between the riparian countries sharing the Okavango River. The visioning exercise
in the context of the policy framework is to provide guidance in policy development in
order to meet the future developmental needs in the Okavango Delta. The Policy
framework that impacts on the Delta has to be dynamic to meet the needs for
sustainable development by providing a vision of what the policy development has to
take into account so that all laws, strategies, projects, programmes or action plans are
based on specific tangible results that bring sustainability to the Okavango Delta.

1.5 Objectives of the review and visioning exercise

The Okavango Delta Policy and Visioning process is taking place against a background
of problematic and diverse land issues, with land conflicts increasing between different
forms of land use and between urban and rural areas; land degradation, especially
around large settlements and water points; decline in wildlife numbers and diversity; loss
of wildlife species and veldt products; water scarcity and rapid growth in water demand;
degradation of rangelands in certain areas; and groundwater pollution. The Terms of
Reference underline the centrality of policy, planning and strategy component of the
Okavango Delta Management Plan, which are to: 'provide a framework and guide
sustainable management of the Delta resources to ensure their long-term conservation
and provide benefits for the present and future wellbeing of the people".

The first objective of the policy review and visioning exercise is thus to: ‘review and
streamline existing national policies that have a bearing on the Okavango Delta and to
do this in relation to one another as well as pertinent international conventions and with
a view to improving the current discordant policy sector.” (NCSA & ODMP, 2004). The
second objective is to: ‘develop a shared and common vision for the Okavango Delta
that reflects the aspirations of and guides all stakeholder initiatives and activities in
pursuit of managing the delta in an integrated and sustainable manner.” (DEA, ODMP,
2005).

6
1.6 Approach and methodology

The review of policies, plans, programmes, protocols and conventions was largely a
desk study and wherever possible consultations with the Department of Environmental
Affairs contact persons, and the other eleven components were used to enrich the
review.

To review the necessary policies, strategies and legislation, a set of criteria were
developed using the ecosystem approach under the Convention on Biological Diversity
(see Box 1) and Ramsar Wise Use concept (see Box 2).

The use of the criteria was to ensure that the focus on policies dealing with the Delta
directly or indirectly is achieved and secondly the diverse nature of biological and natural
resources renders its management and regulation to be subject to various specific
policies. The policies were then selected using the criteria and then were analysed to
determine the following, intent of the policy; resources governed under the policy;
relationship with ODMP; and gaps and the recommended options for addressing the
gaps as identified.

The second parallel and complimentary activity in the methodology was to highlight from
the onset principles that could be considered as necessary to adequately qualify a policy
document as adequate or deficient in addressing the use of the ecosystem approach.
The purpose of highlighting the ecosystem approach principles was to provide
assistance in examining what exactly in the context of a specific policy would constitute
a gap, so as to enable the provision of relevant and pertinent options to address the gap
identified.

The third step was the conducting of the actual analysis of the policies to identify the
gaps and make recommendation that are applicable to all the policies. It should be
noted that the recommendations are not per specific policy but overall policy framework.
The policies were grouped into different areas of resources. The following criteria were
used for the selection of policies:

The policy is intended to regulate biological or natural resources through provisions for
conservation, management, preservation, utilization, exchange or transfer of such
resources. The policy seeks to confer ownership, custodianship or user rights on a
biological and natural resources. The policy is intended to place development within the
Delta. Development here includes agriculture, research activities, settlement of people,
tourism and such other activities that involve economic and social activities that impact
on the natural environment within the Delta.

1.7 Criteria for selection of policy and legislation

The following criteria were used to analyse the relevant policies and legislation:

1. Participation of local communities in policy consultations, development, decision

making and implementation;
2. Decentralisation of management structures and use of resources;

7
 3. Recognition of the impact of management decisions on adjacent ecosystems and
other natural resources;
4. Recognition of ecosystems goods and services in an economic context;
5. Recognition in the policy of the need for maintaining ecosystem integrity;
6. Provision of long-term planning, use and management of resources.
7. Recognition that changes to ecosystem structure and integrity are inevitable;
8. Recognition of sustainable use;
9. Recognition of scientific and indigenous knowledge; and
10. Promotion of coordination and collaboration with other sectors and policies.

Box 1: Ecosystem approach principles

Principle 1: The objectives of management of land, water and living resources are a matter of societal
choices.

Principle 2: Management should be decentralized to the lowest appropriate level.

Principle 3: Ecosystem managers should consider the effects (actual or potential) of their activities on
adjacent and other ecosystems.

Principle 4: Recognizing potential gains from management, there is usually a need to understand and
manage the ecosystem in an economic context. Any such ecosystem-management programme
should reduce those market distortions that adversely affect biological diversity; align incentives to
promote biodiversity conservation and sustainable use; and internalize costs and benefits in the given
ecosystem to the extent feasible.

Principle 5: Conservation of ecosystem structure and functioning, in order to maintain ecosystem

services, should be a priority target of the ecosystem approach.

Principle 6: Ecosystem must be managed within the limits of their functioning.

Principle 7: The ecosystem approach should be undertaken at the appropriate spatial and temporal
scales.

Principle 8: Recognizing the varying temporal scales and lag-effects that characterize ecosystem
processes, objectives for ecosystem management should be set for the long term..

Principle 9: Management must recognize the change is inevitable.

Principle 10: The ecosystem approach should seek the appropriate balance between, and integration
of, conservation and use of biological diversity.

Principle 11: The ecosystem approach should consider all forms of relevant information, including
scientific and indigenous and local knowledge, innovations and practices.

Principle 12: The ecosystem approach should involve all relevant sectors of society and scientific
disciplines.

Box 2. Ramsar concept of ‘wise use’

Article 3.1 of the Ramsar Convention obliges Parties to “formulate and implement their planning so
as to promote the conservation of the wetlands included in the List and as far as possible the
wise use of wetlands in their territory.”

Wise use of wetlands has been defined as “their sustainable utilization for the benefit of mankind in a
way compatible with the maintenance of the natural properties of the ecosystem.”

8
2.0 INTERNATIONAL CONVENTIONS AND REGIONAL PROTOCOLS

2.1 Introduction

Ratified international and regional conventions and protocols increasingly influence the
use and management of the Okavango resources and ecosystem. Most agreements
aim to conserve the ecosystem at large or individual resources thereof; few focus on
development challenges.

However, international programmes such as the Millennium Development Programme

make indirect demands on natural resources to achieve their goals such as halving
poverty by the year 2015 and improving access to water and sanitation. A joint
government UNDP study (GoB-UNDP, 2004) concluded that Botswana is at a good
position to achieve many MDGs, except for poverty reduction.

The most important international and regional agreements are summarised in sections
2.2 and 2.3 respectively.

Resource/ sector Convention, protocol, agreement

Wetlands Convention on Wetlands of International Importance (Ramsar 1971)
Fisheries SADC Protocol on Fisheries
Forest resources SADC Protocol on Forestry

Climate UN Framework Convention for Climate Change (UNFCCC)

Wildlife SADC Protocol on Wildlife Conservation and Law Enforcement
resources
Biodiversity UN Convention on Biodiversity (UNCBD
Energy SADC Protocol on Energy
resources
Trade in species Convention on International Trade in Endangered Species (CITES)
(wildlife and
flora)
Desertification UN Convention to Combat Desertification (UNCCD)
International UN Convention on the Law of Non-Navigational Use of International
water courses Watercourses
SADC Revised Protocol on Shared Watercourse Systems
The Agreement Establishing the Permanent Okavango River Basin
Water Commission (OKACOM Agreement)
SADC Regional Water Policy (2006)
Hazardous Basel Convention on the Control of Transboundary Movements of
waste Hazardous Wastes and their Disposal (1989)
Bamako Convention, 1991
Tourism SADC Protocol on Development of Tourism
Mining SADC Protocol on Mining

2.2 International agreements and conventions

The following international agreements and conventions apply to natural resources

management in Botswana.

9
2.2.1 The Convention on Wetlands of International Importance (Ramsar 1971)

The Ramsar Convention is an intergovernmental treaty, which provides the framework

for national action and international cooperation for the conservation and wise use of
wetlands and their resources as well as contributing towards achieving sustainable
development throughout the world.

Contracting Parties designate suitable wetlands for inclusion in a List of Wetlands of

International Importance, based on their international significance in terms of ecology,
botany, zoology, limnology or hydrology. The Okavango Delta is the only Ramsar site in
the country. The boundaries of a Ramsar site must be precisely described and mapped.
The wetland may include riparian and coastal zones adjacent to the wetlands, and
islands or bodies of marine water deeper than six meters at low tide lying within the
wetlands, especially where these have importance as waterfowl habitat. The country
retains exclusive sovereign rights over the listed wetlands. The contracting party is
bound to:

• Formulate and implement a plan promoting the conservation of the listed

wetlands, and as far as possible the wise use of the wetlands;
• Promote the conservation of wetlands and waterfowl by establishing nature
reserves on wetlands, listed or not;
• Compensate for any loss of wetland resources (as far as possible), and in
particular create additional nature reserves for waterfowl and for the protection,
either in the same area or elsewhere, of an adequate portion of the original
habitat;
• Encourage research and the exchange of information regarding wetlands and
their flora and fauna.
• Endeavor through management to increase waterfowl populations on appropriate
wetlands; and
• Promote the training of personnel competent in the fields of wetland research
and management.

Moreover, contracting parties shall consult with each other about implementing the
convention’s obligations, especially in the case of a wetland extending over the
territories of more than one Contracting Party or where a water system is shared by
Contracting Parties (such as the Okavango delta).

As a listed site, the convention is important for the Okavango Delta. As a semi-arid
country, wetlands have long received little policy attention. The ODMP may be
considered as the management plan, required under the convention. Furthermore, the
convention encourages wetland research and loss of wetlands needs to be
compensated elsewhere. This will be extremely hard for the Okavango Delta, therefore
shifting the responsibility towards preventive measures. Finally, the convention also
offers a cadre for better management of other wetlands in the country such as the
Makgadikgadi wetlands.

10
2.2.2 UN Framework Convention for Climate Change (UNFCCC)

The UNFCCC, which entered into force on 21st of March 1994, sets out an overall
framework for intergovernmental efforts to tackle climate change. One of the biggest
problems threatening the sustainability of ecosystems such as the Okavango Delta is
climate change. The objective of the Convention is: “...to achieve stabilization of
atmospheric concentrations of greenhouse gases at levels that would prevent dangerous
anthropogenic (human-induced) interference with the climate system...”

The UNFCCC is guided by the concept of sustainable development and has also
adopted the precautionary principle. The latter implies that contributions to global
warming should be avoided even if the impacts are not fully understood and that
mitigation measures should be taken to minimise the adverse environmental impacts.

All Parties to the Convention are subject to general commitments to respond to key
issues related to climate change. They agree to compile an inventory of their
greenhouse gas emissions, and submit reports known as national communications on
actions they are taking to implement the Convention.. To the extent where sequestration
is higher than for the average semi-arid savanna, maintenance of the delta contributes
towards a reduction in greenhouse gas emissions. This represents a significant indirect
use value.

All Parties need to promote or carry out:

a) Regular national inventories of anthropogenic emissions by sources and removals by

sinks of all greenhouse gases not controlled by the Montreal Protocol;
b) National and, where appropriate, regional programmes containing measures to mitigate
climate change;
c) Transfer, of technologies, practices and processes that control, reduce or prevent
anthropogenic emissions of greenhouse gases not controlled by the Montreal Protocol;
d) Maintenance of sinks and reservoirs of all greenhouse gases not controlled by the
Montreal Protocol;
e) Adaptation to the impacts of climate change and incorporate climate change
considerations in policies and actions;
f) Research policy cooperation and public awareness raising on climate change.

2.2.3 UN Convention on Biodiversity (UNCBD)

The UNCBD is the first global agreement on the conservation and sustainable use of
biological diversity. Its objectives are to conserve biological diversity, promote the
sustainable use of biodiversity components and to promote fair and equitable sharing of
the benefits arising out of the utilisation of genetic resources. States have..., the
sovereign right to exploit their own resources pursuant to their own environmental
policies, and responsibility to ensure that activities within their jurisdiction or control do
not cause damage to the environment of other states or areas”.

Each contracting party needs to:

• Develop national strategies, plans or programmes for the conservation and

sustainable use of biological diversity. Botswana has prepared a BSAP; and

11
 • Integrate the conservation and sustainable use of biological diversity into relevant
sectoral plans, programmes, and policies.

Box 3: Key areas and measures of UNCBD

Area Measures
Identification and identify key components of biological diversity
monitoring Monitor such key components of BD
Priority should be given to those under threat and those with sustainable use potential
Identify and monitor activities with expected significant adverse BD impacts
Maintain and organise data derived from identification and monitoring activities
In situ conservation Establish a system of protected areas or areas where special measures need to be taken to
obligations conserve biological diversity
Develop guidelines for the selection, establishment and management of protected areas
where special measures need to be taken to conserve biological diversity
Regulate or manage biological resources important for the conservation of biological diversity
Promote the protection of ecosystems, natural habitats and the maintenance of viable
populations of species in natural surroundings
Promote environmentally sound and sustainable development in areas adjacent to protected
areas with a view to furthering their protection
Rehabilitate and restore degraded ecosystems and promote the recovery of threatened
species
Ex situ conservation Ex situ conservation of components of biological diversity;
obligations Facilities for the ex situ conservation of and research on plants, animals and micro organisms
Recovery and rehabilitation of threatened species and for their reintroduction into their natural
habitats
Controlled collection of biological resources from natural habitats for ex situ conservation
purposes
Provision of financial and other support for ex situ conservation

Sustainable use of Integrate conservation and sustainable use of biological resources into national decision
components of making
biological diversity Measures relating to the use of biological resources to avoid or minimise adverse impacts on
BD;
Promote customary use of biological resources in accordance with traditional cultural practices
that are compatible with conservation or sustainable use requirements
Support local population to develop and implement remedial action in degraded areas where
biological diversity has been reduced and
Cooperation between its governmental authorities and its private sector in developing
methods for sustainable use of biological resources

Incentive measures Economically and socially sound measures that act as incentives for the conservation and
sustainable use of components of biological diversity
Impact assessment EIA of its proposed projects that are likely to have adverse BD-effects
and minimising Information exchange on BD
adverse impacts Notification duty of imminent danger to biological diversity as well as initiate action to prevent
or minimise such danger or damage

2.2.4 Convention on International Trade in Endangered Species (CITES)

CITES deals with the trade in endangered species, and is therefore of indirect relevance
to the Okavango Delta ecosystem. CITES covers both flora and fauna species. the
Convention provides for three types of trade restrictions:
• Ban in trade of certain species and their products (globally threatened species;
appendix 1);
• Controlled and monitored trade in species and their products (species under
growing threat; appendix 2);

12
 • Nationally threatened species. Each country may put species on this appendix 3.
Such species may not be exported from countries that have listed them under
appendix 3.

CITES is indirectly relevant to the Okavango delta as it controls and/or restricts exports
of listed species. The following species that occur in the delta are listed:

Fauna

Appendix 1: Appendix 1: Global trade ban Pangolin, Giant otter, Brown

Global trade hyena, Black and white rhinos,
ban African elephant
Appendix II: Appendix II: Restricted global trade aardvark, wild dog, cheetah,
Restricted Water buck, hippopotamus, Roan
global trade antelope, Lechwe, Flamingos, Kori
bustards, all owls, all tortoises,
pythons
Appendix III: Appendix III: No trade from Botswana Jackal, African civet, Aardwolf,
No trade Honey badger
from
Botswana

Box 4: Examples of CITES listed Okavango Delta fauna and flora

Note: Botswana is allowed some trade in elephant products.

2.2.5 UN Convention to Combat Desertification (UNCCD)

The objective of this convention is to combat desertification and mitigate the effects of
drought in countries experiencing serious drought and/or desertification particularly in
Africa. Countries have the following obligations, to:

• Adopt an integrated approach towards combating desertification and drought;

• Integrate poverty reduction strategies into efforts to combat desertification and
mitigate drought effects;
• Promote cooperation in the fields of environmental protection and the
conservation of land and water resources, as they relate to desertification and
drought;
• Strengthen sub regional, regional and international cooperation; and
• Cooperate with relevant intergovernmental organisations

Countries that experience desertification need to prioritise combating desertification and

mitigating the effects of drought, and allocate adequate resources in accordance with
their circumstances and capabilities. They need to prepare a national action plan (NAP),
which addresses the underlying causes of desertification; promotes awareness and

13
facilitates the participation of local populations, particularly women and youth, with the
support of NGOs; and finally provides an enabling policy and legal environment.

NAPs shall incorporate long term strategies to combat desertification and mitigate the
effects of drought, emphasise implementation and be integrated with national policies for
sustainable development; give particular attention to the implementation of preventive
measures; enhance national climatic, meteorological and hydrological capabilities and
means to provide for early drought warning; promote policies and strengthen institutional
frameworks which develop cooperation and coordination, in a spirit of partnership,
between the donor community, governments at all levels, local populations and
community groups, and facilitate access by local populations to appropriate information
and technology. NAPs may include early warning systems, enhanced drought
preparedness and food security systems, alternative less drought prone livelihood
projects and sustainable irrigation programmes for both crops and livestock

Frequent droughts and the semi-arid nature of the country make the UNCCD potentially
relevant for the delta. However, the actual relevance for the ODMP is determined by the
NAP and its implementation.

2.2.6 UN Convention on the Law of Non-Navigational Use of International

Watercourses

This Convention regulates the use of international watercourses such as the Okavango
River Basin. Riparian states need to take into account the effects of their use or uses of
the watercourses on other watercourse states, when utilising a shared watercourse. The
Convention encourages states to enter into sharing agreements and to harmonise
national legislation and policies with the Convention. The cornerstone of the law of
international watercourses is the principle that, a riparian state must use an international
watercourse in a manner that is equitable and reasonable vis-à-vis other states sharing
the watercourse. The Convention requires parties not to cause harm to the territories of
other countries sharing the same watercourse. Negative impacts need to be mitigated or
the affected country needs to be compensated for the damage caused.

This international convention has guided the SADC protocol on shared water courses.
Both are highly relevant to the delta as it is part of a shared water course.

2.2.7 Basel Convention on the Control of Transboundary Movements of

Hazardous Wastes and their Disposal (1989)

The objectives of the convention are to reduce transboundary wastes to a minimum, to

minimise the amount and toxicity of hazardous wastes as close as possible to the source
of generation and to assist developing countries in environmentally sound management
of hazardous wastes.

Countries that prohibit import of hazardous wastes shall inform other parties, which shall
prohibit export of hazardous wastes to the former parties. Countries will prohibit export of
hazardous wastes if the country of import does not consent in writing to the specific
import. States of export shall not allow the generator of hazardous wastes or other

14
wastes to commence the transboundary movement until they have received written
confirmation that the notifier has received the written consent of the state of import.

2.2.8 Bamako Convention, 1991

This Convention deals with hazardous waste. Hazardous waste should not be imported
into Africa from non-Contracting Parties. Such import shall be deemed illegal and a
criminal act. Furthermore, no hazardous wastes shall be dumped at sea and internal
Waters.

Countries have the duty to minimise hazardous waste and to treat and manage it
properly. There is need to produce hazardous waste audits and generators of such
waste have strict, unlimited liability. Countries will cooperate in taking the appropriate
measures to implement the precautionary principle to pollution prevention through the
application of clean production methods.

2.3 Regional Agreements and Protocols

Like the international conventions, regional agreements and protocols may inform, guide
and direct sustainable utilisation of the Okavango Delta ecosystem. Therefore, the
implications of regional protocols for the management of the delta have to be assessed. .

2.3.1 SADC Revised Protocol on Shared Watercourse Systems

The Revised Protocol on Shared Watercourses in Southern Africa is modelled on the

above UN convention (2.2.6) and has become a key instrument in managing shared
water resources in the SADC region. The Protocol aims to “foster closer cooperation for
judicious sustainable and co-ordinated management, protection and utilisation of shared
watercourses and advance the SADC agenda of regional integration and poverty
alleviation.” Taking into account developments in international water law and sound
management of the environment, the Revised Protocol outlines principles, guidelines
and institutional requirements for the sustainable management and utilisation of shared
river basins in Southern Africa.

The Protocol is entirely based on the IWRM notion. The Protocol seeks to facilitate the
establishment of shared watercourse agreements through river basin commissions,
advance sustainable, equitable and reasonable use of shared water, promote integrated,
coordinated and environmentally sound development and management of shared
watercourses, harmonise legislation and policies for management of shared
watercourses, promote research, technology development, and information exchange on
shared water courses. The use of shared water should balance water development and
conservation of the environment, and cooperation should be established for all projects
with an impact on shared watercourses. Moreover, the use should be equitable and
reasonable, and international laws should be respected. Environmental water needs
have been explicitly recognised. Use entitlement depend on biophysical and
environmental factors, the social, economic and environmental needs of states, the
population size dependent on the share watercourse, existing and potential uses,
conservation and economic use of water and finally the availability of alternative of
comparable value to a particular planned or existing use (art. 3.8).

15
2.3.2 The Agreement Establishing the Permanent Okavango River Basin Water
Commission (OKACOM Agreement)

The OKACOM Agreement between the governments of Angola, Botswana, and Namibia
was signed in 1994. The main objective of the Agreement is to establish a River Basin
Commission that advises member States on technical matters relating to, amongst other
things, conservation, development, and utilisation of water resources of common
interest.

Through the Agreement, OKACOM has the power to appoint consultants to assist in the
gathering and processing of information on any matter on which it advises the
Contracting Parties. With regards to financial arrangements each Contracting Party is
responsible for all costs incurred with regards to attendance and participation of its
delegation to all meetings of the Commission. Under the OKACOM Agreement, member
countries are also obliged to provide information required by the commission in the
furtherance of its duties in accordance with the laws and procedures of their respective
jurisdictions. The Parties to the Agreement are required to notify the Commission of any
proposed development, which falls within the functions of the Commission. The
OKACOM agreement calls for the use of Agenda 21 principles and also acknowledges
the Helsinki Rules on the use of international waters.

The OKACOM agreement offers some protection of the delta and its resources through
the duty of upstream countries to notify Botswana about proposed upstream
developments. The agreement also offers opportunities for joint, harmonised and
coordinated resource management.

Limitations in the OKACOM Agreement

Besides fostering co-operation on technical matters on an advisory basis, the Agreement
does not obligate member countries to utilise the shared river basin in an equitable and
reasonable manner as provided by international law principles embedded in instruments
such as the UN Convention on Shared Watercourses and the Revised SADC Protocol
on Shared Watercourses. Further to that the Agreement does not contain provisions that
ensure effective implementation and enforcement of its stipulations such as dispute
settling and conflict resolution mechanisms with the corollary sanctions.

While the OKACOM arrangements provides for interaction and coordination between the
apex/lead organizations in each of the riparian states, the seems to be limited interaction
between the Ministry of Energy and Water (Angola), Ministry of Mineral Resources and
Water Affairs (Namibia) and Ministry of Agriculture, Water and Rural Development. This
is due to a number of issues such as capacity and financial constraints.

In addition, all the OKACOM Commissioners hold full-time positions within their
ministries, enabling them to spend only a limited amount of time on OKACOM duties.
This results in infrequent interaction opportunities between Commissioners with only one
meeting per year. Most of the Commissioners come from an engineering background,
with little experience in water law, negotiation skills and consultation therefore resulting
in the Commissioners being unable to deal with multi-stakeholder trans-national issues,
which is required in the management of a river basin.

16
2.3.3 SADC Regional Water Policy (2006)

The SADC Regional Water Policy provides a regional framework for sustainable,
integrated and coordinated development, utilisation, protection and control of national
and transboundary water resources in the SADC region. It is based on principles that
recognise the critical importance of water resources for development and the
environment in line with IWRM (Box 5).

Box 5: SADC water policy principles

• Recognition of water as an instrument for peace, cooperation and regional integration

• Effective public consultation and involvement of users
• Focus on integrated, people centred planning
• Need for further development of SADC water resources in order to rectify historical imbalances
and promote water supply for irrigation and poor communities
• Efficient use of water through demand management, conservation and reuse, and the efficient
use of water for agriculture
• Recognition of the environment as a legitimate user of water, as well as a resource base.
• Water is an economic good: user and polluter charges, taking into account equity and social
justice.
• Integration of water supply, sanitation and health and hygiene education programmes
• Capacity building to ensure that managers have the required knowledge and tools
• Preventing the export (and import) of harmful waste across the national and regional
boundaries.
• Gender mainstreaming and addressing HIV/AIDS in water resources management at all levels.

Source: SADC, 2006.

The policy has identified nine thematic areas: regional cooperation in water resources
management; water for development and poverty reduction; water for environmental
sustainability; security from water related disasters; water resources information and
management; water resources development and management; regional water resources
institutional framework; stakeholder participation and capacity building; and financing
integrated water resources management in the region.

All are relevant to the delta, but some are critical. The theme of water for environmental
sustainability implies that the environment is recognised as a resource base and a
legitimate user of water; member states should take all necessary measures to meet the
ecological water requirements. Sufficient water should be reserved to maintain
ecosystem integrity and biodiversity. SADC should develop common minimum standards
of water quality in shared watercourses; states should individually and collectively
prevent and control pollution of ground and surface waters, and prevent imports of
pollutants, which would affect shared watercourses. EIA should be mandatory for
development initiatives in the watercourses. Alien species need to be controlled and
ultimately eradicated (non-economical ones).

2.3.4 SADC Protocol on Fisheries

The Protocol on Fisheries entered into force on 8th August 2003 dealing with living
aquatic resources and fishing. The protocol recognises the UN Convention on the Law of
the Sea (UNCLOS) and takes into account the FAO Code of Conduct for responsible
Fisheries. Its objective is “to promote the responsible and sustainable use of the living

17
aquatic resources and aquatic ecosystems” in order to: promote and enhance food
security and human health; safeguard the livelihood of fishing communities; generate
economic opportunities; ensure that future generations benefit from these resources;
and alleviate poverty.

Countries have the primary responsibility for the implementation of this Protocol but in
the case of shared resources, countries are required to collaborate. Countries are
expected to ensure the participation of all stakeholders and take appropriate measures
to:

• Regulate the use of living aquatic resources and protect the resources against
over-exploitation (e.g. regulations for boats and fishermen to ensure compliance
with the protocol; use of the principle of best scientific evidence protect the
resources against over-exploitation;
• Create an enabling environment and build capacity for the sustainable resource
utilization (e.g. harmonization of laws and policies);

Countries are also expected to transfer skills and technologies to other countries to
enhance effective regional co-operation and to promote gender equality. The Protocol
also deals with the conservation and utilization of shared resources. However, these
appear not applicable to the Okavango delta, and are therefore not discussed here.

2.3.5 SADC Protocol on Development of Tourism

The Protocol on Development of Tourism entered into force on 26th November, 2002.
The objectives of this Protocol are to:

• Use tourism as a vehicle to achieve sustainable social and economic

development;
• Ensure equitable, balanced and complimentary development of the tourism
industry region-wide;
• Optimize resource usage and increase the competitive advantage of the region
vis-à-vis other destinations;
• Ensure the involvement of small and micro-enterprises, local communities,
women and youth in the development of tourism;
• Contribute towards human resource development through job creation and skills
development;
• Create a favorable investment climate for tourism for both the public and private
sectors;
• Improve the quality, competitiveness and standards of service of tourism;
• Improve safety and security standards for tourists;
• Promote southern Africa as a single but diverse tourism destination;
• Facilitate intra-regional travel through easing or removal of travel restrictions; and
• Improve tourism service and infrastructure.

Countries need to provide incentives, infrastructure and the appropriate legal and
regulatory framework and to involve the private sector and other stakeholders in the
formulation of policies governing the operations of the tourism sector. Tourism
development needs to be driven by the private sector. Policies and strategies that

18
promote the involvement of local communities and local authorities in the planning and
development of tourism also need to be developed. Tourism needs to be
environmentally and socially sustainable; promote the natural, cultural and historical
resources of the region; promote a culture of human rights, gender sensitivity and be
responsive to the requirements of people with disabilities.

Since tourism is a key land use in the Okavango Delta ecosystem, this protocol is very
important. The delta is a unique resource that is an important component of the region’s
comparative advantage. Linking different tourism destinations is likely to boost tourism in
the delta. The protocol also endorses CBNRM, which also adds a comparative
advantage to the region.

2.3.6 SADC Protocol on Wildlife Conservation and Law Enforcement

The SADC Protocol on Wildlife Conservation and Law Enforcement which entered into
force on 30th November, 2003, applies to the conservation and sustainable use of
wildlife.

The primary objective of the protocol is to establish common approaches to the

conservation and sustainable use of wildlife resources and to assist with the effective
enforcement of laws governing those resources. The specific objectives of the protocol
are to contribute to:

• Sustainable use of wildlife resources;

• Harmonise of the legal instruments governing wildlife use and conservation;
• Enforce of wildlife laws within, between and among states;
• Exchange of information concerning wildlife management and utilisation;
• Build national and regional capacity for wildlife management;
• Conserve shared wildlife resources through the establishment of trans-frontier
conservation areas; and
• Community-based-natural-resources management for management of wildlife
resources.

Regional wildlife policies and development strategies need to be developed, and wildlife
activities the implementation and adequacy of the Protocol will be regularly reviewed.
Common approaches towards wildlife conservation and utilisation as well as and
sustainable use of law enforcement and research will be developed, which will include
cooperation with NGOs and communities.

This protocol is important for the Okavango delta, as wildlife resources are one of its
greatest assets, migrating over long distances and sometimes entering neighbouring
countries. Therefore, common approaches towards conservation and utilisation and
coordinated law enforcement and research can strengthen wildlife management.
Moreover, the Protocol supports national and regional CBNRM efforts. The SADC
Tourism and Wildlife Protocols could, for example, lead to a regional CBNRM marketing
approach.

19
2.3.7 SADC Protocol on Forestry

The objectives of this Protocol are to:

1. Promote the development, conservation, sustainable management and utilisation

of all types of forests and trees;
2. Promote trade in forest products in order to alleviate poverty and generate
economic opportunities; and
3. Achieve effective protection of the environment, and safeguard the interests of
both the present and future generations.

To achieve the objectives of this Protocol, governments shall co-operate by:

• Addressing common concerns through best use of the region’s technical,

financial and other resources;
• Promoting the sustainable management of shared forests, taking into account
other Protocols;
• Facilitating the gathering of information and sharing of information, expertise and
technology concerning forests, forestry and forest industries;
• Developing human resources in the forest sector through establishing regional
capacity building facilities;
• Promoting sustainable forestry produce trade and investment; and
• Harmonising approaches to sustainable forest management, policy and
legislation;
• Promoting respect for the rights of communities and facilitating their participation
in forest policy management and promoting the intangible, cultural and spiritual
value of forests;
• Establishing equitable and efficient ways of facilitating public access to forests
especially by neighbouring communities;
• Establishing appropriate institutions and funding mechanisms to support the
implementation of this Protocol.

The following measures are provided for key forest management areas (Box 6).

Box 6: Proposed areas and measures in SADC Protocol on Forestry

Tenure and Parties shall ensure that the laws and agreements that regulate the use,
ownership management of, access to and tenure in state-owned forests: a. give sufficient
security of tenure to parties managing or using forest resources to create
incentives for sustainable forest management; b clearly delineate ownership and
occupancy rights.
National forest National forest policies, programmes and plans, will be consistent with national
policies and land-use plans or their equivalent
programmes Regular review of national forest policies and programmes to ensure their
consistency with this Protocol.
Consultation during the preparation and revision of national forest plans, forest
classifications, management plans for forests and protected areas.
Common criteria and indicators for sustainable forest management
National forest National assessment of forests which, among other matters, shall: encompass
assessments all forest resources and all forest lands, regardless of ownership; include an
assessment of forest resources in terms of usage, value, quantum and location,
changes in forest cover and health; and include data on other critical social,

20
 economic and environmental factors relating to forests species (indigenous and
plantation), soils, climate, environment, uses of forest products etc, .

Harmonised assessment methodology based upon sustainable forest

management
Forest legislation National legal and administrative measures to: promote sustainable forest
management, protect ecologically viable and valuable forests, promote
participation in decision-making, control possible negative impacts on forests,
ensure that significant areas of natural forests are not destroyed except in
exceptional circumstances, recognise and where appropriate further the
objectives of this Protocol.

State Parties shall develop effective regional means to support the enforcement,
development and harmonisation of national forest-related laws.
Transboundary Promote joint and integrated management of transboundary forests and
forests protected areas.
Protection of forests Legislative, administrative and enforcement measures to address threats to
forests.

National, and where appropriate, regional measures, which control human

threats to forests, implement strategies for conservation of forests, prevent and
suppress uncontrolled fires, and facilitate transboundary assistance in
emergency situations, control alien species and plant pests and diseases and to
control or eradicate, invasive alien species (outside plantations).

The delta does not have dense forests, but the Protocol could be useful to strengthen
forestry in Botswana and to conserve and utilise wood resources in open woodlands.
Inventories, coordination research and information exchange and improved legislation
could benefit the Ramsar site.

2.3.8 SADC Protocol on Energy

The objectives of the Protocol are to 1. harmonise national and regional energy policies,
strategies and programmes on matters of common interest based on equity, balance
and mutual benefit; 2. co-operate in the development of energy and energy pooling to
ensure a secure and reliable energy supply at lowest costs; 3. co-operate in the
development and sustainable use of the region’s energy sources. 4. foster regional
cooperation in research and standardisation of energy development techniques and
applications. Countries will:
1. Use energy to support economic growth and development, alleviate poverty and
the improve the standards of living;
2. Use energy to promote collective self-reliance;
3. Take into account gender realities and imbalances in the region;
4. Encourage the development of energy science and technology and promote
research and development and the establishment of region-wide methods and
standards;
5. Promote citizen and community participation in the development and use of
energy;
6. Ensure that energy development and use is environmentally sound;
7. Create an enabling environment for private sector participation in energy
development; and
8. Harmonise regional energy policies and programmes with the other SADC
policies, strategies and programmes

21
2.3.9 SADC Protocol on Mining
The Mining Protocol uses the following observations:
• The contribution of the mining sector to economic development, poverty
alleviation and the improvement of the quality of life;
• National and regional policies, strategies and programmes related to the
development and exploitation of mineral resources need to be harmonised;
• Mining science and technology need to be developed and shared throughout the
region.
• Private sector participation in the exploitation of mineral resources is necessary;
• Economic empowerment of the historically disadvantaged in the mining sector
and improving access to information;
• Adherence to internationally accepted standards of health, mining safety and
environmental protection.

With respect to environmental protection, government agree to balance mineral

development and environmental protection is attained, encourage a regional approach
towards EIA, especially in relation to shared systems and cross border environmental
effects, collaborate in training of environmental scientists in the mining sector, and finally
to share information on environmental protection and environmental rehabilitation.

The energy and mining protocols could become important for the Okavango delta if
major mineral and energy sources are found inside the Ramsar site. The environmental
requirements could then be used to protect the ecosystem and its natural resources.

22
3.0 NATIONAL POLICIES, STRATEGIES AND REGULATIONS

Development and resource use/ management is governed by a wide range of national

policies that have been developed and implemented since the early 1970s. These
include environmental policies (3.1), natural resource policies (3.2), development
policies (3.3) and economic sector policies (3.4). The major policies are briefly discussed
below.

3.1 Environmental policies, strategies and regulations

3.1.1 The National Policy on Natural Resources Conservation and Development

This 1990 policy forms the umbrella of the country’s environmental and resources
policies to-date. Furthermore, it solidly entrenched the concept of sustainable
development in the environment and development planning process. Its strategic goals
are to:

• Increase the effectiveness of natural resource use and management; maximise

development-environment synergism and minimise harmful environmental side
effects; and
• Coordinate the environmental activities of different sectors, ministries and
interest groups throughout Botswana, thereby improving the development of
natural resources through conservation.

The policy has a balanced set of environmental and development goals (Box 7).

Box 7: Developmental and environmental goals of the 1990 White Paper.

Development goals Environmental goals

The development of new and better natural The conservation of all main ecosystems, wildlife and
resources uses, that are sustainable; cultural resources;
The optimisation of the existing uses that are The protection of endangered species
made of all natural resources; The maintenance of stocks of renewable resources
The development of multiple, rather than single (e.g. Veldt products), whilst increasing their
purpose natural resource uses; sustainable yields;
The diversification of the rural economy so as to The control of depletion of non-renewable resources
generate new jobs; (e.g. Minerals) at optimal rates;
The increased education of, and participation by, The distribution of incomes and rewards more
all members of society in improving the equitably, in the interests of conserving natural
environment; resources;
The development of links with neighbouring The cost-effective restoration of degraded renewable
countries in conserving the resources; natural resources, including improved capacity for
The establishment of a balance between regeneration of the veldt;
population growth and the supply of natural The prevention and control of pollution.
resources.

The policy contains in-depth analysis of the main environmental challenges that were
identified during lengthy country-wide consultations; water, wildlife, pollution, veld
products and rangelands. Many measures announced in the policy have not yet been
carried out. The NCS Coordinating Agency (NCSA; now DEA) is responsible for
environmental coordination, overseen by the NCSA Advisory Board.

23
This policy is important for the ODMP as it promotes a balanced approach towards
resource conservation and development. Therefore the policy bridges the gap between
conservation and development policies and programmes. Furthermore, the policy
recognises the need for cooperation at national, regional and international levels. This is
particularly appropriate for the internationally renowned Okavango delta.

3.1.2 Draft Community Based Natural Resources Management Policy (2003)

While community-based natural resource management (CBNRM) projects started in

1990, policy development has been slow in this area. To-date the policy still needs to
pass parliament. Below, the 2003 draft version is outlined.

The overall goal of the policy is to “create a foundation of conservation – based

development, enhance the conservation of Botswana’s natural resources and enhance
economic and social development in rural areas by providing eligible communities
opportunities to earn direct benefits from natural resources conservation”. In essence,
the CBNRM policy tries to re-establish a common property resource management
system in areas of open access, and increase the local resource benefit in order to
interest the local population in resource conservation and management. Specifically, the
policy intends to:

• Clarify natural resources rights that may be delegated to communities; including rights of
management, use, access and exclusion and the steps required for communities to gain
such rights;
• Establish a framework that encourages investment in communities, conserves natural
resources and links conservation with rural development;
• Initiate conservation strategies that are based on an ecosystem perspective and include
natural resources monitoring and management programmes to ensure species and
ecosystem health;
• Facilitate government institutional support for CBNRM; including support for
conservation, business planning, marketing and extension services; and
• Facilitate opportunities for community participation and capacity building regarding
natural resources management.

Government as the custodian and/or owner of natural resources may assign or delegate
resource user rights over specific resources to groups (CBOs). Government usually
retains the right to set limits to the user rights, as it determines the level of user quotas
(e.g. hunting), and determines the type of activities that the CBO can carry out. CBOs
have to meet a number of conditions to qualify for such rights, one of which is the
development of a resource management plan and the establishment of a representative,
accountable and legal entity (usually a Trust). User rights refer to existing administrative
boundaries such as WMAs or CHAs. Communities have the right to sub-lease their
rights.

The CBNRM policy covers the following natural resources: wildlife, agricultural
resources, forests and fisheries. User rights are granted in accordance to existing laws
(Forestry Act, Agricultural Resources Conservation Act, Fisheries Protection Act).
Therefore, a large number of institutions is involved in the implementation of the policy:
DWNP, ARB, Forestry and Fisheries departments as well as District Councils and the
Land Boards. These departments become responsible for issuing the resource use
rights as well as for monitoring resources use and conditions in order to ensure their

24
conservation. CBOs are required to submit annual reports and plans of their activities to
district councils within three months after the end of each calendar year.

The policy recognises the need to build capacities of communities and CBOs through:

• Assist communities and individuals to maximise benefits from exploitation of traditional

knowledge of practical uses of natural resources;
• Support development of an indigenous knowledge database
• Assist CBOs and interested companies to negotiate equitable agreements for the
exploration, development, and remuneration associated with chemical and/or genetic
material derived from natural resources;
• Offer technical assistance to develop communities skills in order to make informed
conservation decisions;
• Strengthen district councils’ capacity to effectively deal with CBNRM projects;
• Improve access to funding for community-based natural resource management;
• Support product development and identification of market potential.

To ensure that the increase of local benefits is felt by people, the policy directs CBOs to
establish democratic benefit distribution mechanisms and strategies, which ensure that
welfare benefits of CBNRM programmes are felt at the household level.

As the delta is the hub of the country’s CBNRM activities, this policy is highly relevant for
the Okavango delta. It grants resource user rights to local communities and has the
potential to reduce poverty and to get communities involved in resource conservation.

3.1.3 Botswana Wetlands Policy and Strategy

The Okavango is Botswana’s largest and most unique wetland. Therefore, the draft
wetland policy is important to the delta. The policy argues that wetlands are threatened
by degradation and loss of habitat due to a wide range of human-induced factors. These
include changes in land use, changes in water quality and quantity, invasion by alien
species, sediment overload of wetlands, unrestrained commercial exploitation of wetland
resources, limited enforcement of natural resources management legislation, alienation
of communities living in or near wetlands and lack of management capacity amongst
such communities.

The wetlands policy seeks to rehabilitate and conserve national and trans-boundary
wetland ecosystems for the benefit of present and future generations by providing
linkages between existing policies and legislation. The policy incorporates the
international commitments arising from multilateral agreements such as CBD, UNCCD
and Ramsar Convention (see chapter two). The specific objectives of the policy are to:

• Promote coordinated wetland management at local, district and national levels through
appropriate institutions;
• Promote planning and implementation of ecologically sustainable wetland conservation
including management plans for wetlands of national and international importance;
• Support and promote the development of a sound technical and scientific basis for
wetland conservation and management
• Promote awareness and understanding of:
o the ecosystem approach with a view to adopting it as a tool in the utilisation,
conservation and management of wetlands;

25
 o Promote public awareness of Botswana’s wetland resources and encourage
active participation of civil society in their management
• Develop capacity of all stakeholders to effectively participate in the conservation and
management of wetland systems
• Promote funding mechanisms in support of sustainable conservation and management of
wetlands;
• Promote regional cooperation and synergy in wetland conservation and management and
fulfill Botswana’s international commitments.

The Department of Environmental Affairs (DEA) is the lead institution for the
implementation of this policy.

The ODMP can be viewed as the first integrated wetland plan in Botswana, even though
the wetland policy is not officially adopted. Its adoption is important to anchor the ODMP
firmer into national and international policies.

3.1.4 Botswana Biodiversity Strategy and Action Plan (BSAP)

Parties to the UNCBD have to develop a national BSAP with a view to nurturing a
“nation in balance with nature, with fair access to biological resources, where the
benefits deriving from the use of these resources are shared equitably for the benefit
and livelihoods of current and future generations and where all citizens recognize and
understand the importance of maintaining Botswana’s biological heritage and related
knowledge and their role in the conservation and sustainable use of Botswana’s
biodiversity”. Botswana’s BSAP has eleven strategic objectives and a wide range of
action items that are summarised in Box 8.

Box 8: Strategic objectives and proposed activities (BSAP)

Objectives Proposed activities

Better understanding of biodiversity National inventories of components of biodiversity,
National biodiversity reference collections established for key groups
Focused biodiversity research programme aimed at establishing
biodiversity trends
Understanding ecological processes and finding suitable biodiversity
management solutions and better understanding of the effects of socio-
economic issues on biodiversity conservation)

Long term conservation and management of Conservation efforts prioritized at national district and local levels
Botswana’s biodiversity and genetic resources Comprehensive protected area network to conserve ecosystems and
species
Effective ecosystems management practices in place
Needs of threatened and endemic species addressed
Effective management systems for non domesticated economically
important species (veld products) in place
Conservation of agricultural biodiversity
Rehabilitation and restoration of degraded ecosystems and habitats
Indigenous knowledge recorded and conserved
Efficient and sustainable utilization of all Biodiversity concerns and essential ecological processes adequately
components of biodiversity in Botswana incorporated into national land use and resource planning processes
through appropriate land and resource use Identification and promotion of biodiversity compatible land and
and management resource uses
Increased levels of community participation and use of indigenous
knowledge systems in land use and sustainable management
processes
Sustainable use of fuel wood and forest resources
Rangeland biodiversity maintained through promotion of sustainable
use of natural rangelands for economic growth and ecological balance

26
 Sustainable use of wetlands ecosystems
Biodiversity and ecological processes
Sustainable use of wildlife, wild plants and other biological resources
Sustainable use of agricultural biodiversity
Sustainable and efficient use and trade in veldproducts for maximum
economic and livelihoods benefits
An institutional environment including human A cross sectoral coordinated approach to national biodiversity
capacity, conducive to effect biodiversity conservation and use with roles and responsibilities clearly defined
conservation, sustainable use and Comprehensive legal framework for the protection of biodiversity with
management appropriate mechanisms in place for implementation and enforcement
Enhanced institutional biodiversity capacity at all levels
National in situ and ex situ conservation capacity strengthened
Financial mechanisms and finance in place for biodiversity related
activities
Economic valuation of ecosystems and cost benefit analysis including
environmental costs)
Coping with environmental change and threats Early warning mechanisms and mitigation plans in place to minimize
to biodiversity effects of natural disasters
Conservation strategies and facilities in place to address identified
threats
Effects of climate change on vegetation, animals, and livelihood
investigated to allow for appropriate responses
Reduced level of habitat destruction and degradation
Sustainable water use and management with the objective to maintain
biodiversity levels
Effective management of invasive species, water and air pollution levels
reduced in order to reduce biodiversity loss
Improved understanding of threats to biodiversity)
Appropriate valuation/appreciation of Raising of public awareness about the value of and need to conserve
biodiversity and raised public awareness on Botswana’s biodiversity related indigenous knowledge and traditional
the role of biodiversity in sustainable practices and relevant government policies
development and public participation in Promotion of indigenous species in public places and in restoration
biodiversity related activities and decision programmes
making Enhancement of quality of life and appreciation of biodiversity through
increased green recreational areas
Enhance participation of civil society in biodiversity related activities
Gender mainstreaming in biodiversity planning)
Fair access to biological resources and Fair access to biological resources and benefit sharing
equitable sharing of benefits arising from the Access to biodiversity linked to responsibility for sustainable
use of these resources management
Improved legal protection of innovations associated with genetic
resources, indigenous knowledge and skills
Safe industrial and technological development Increased capacity in dealing with biotechnology and bio-safety
and other services based on national Safe use of biotechnologies ensured in Botswana,
biodiversity resources for future prosperity Raised bio-safety and biotechnology awareness
Bio prospecting and citizen based innovation encouraged creation of an
enabling environment
Improved availability and access to Establishment of national standards and their dissemination to relevant
biodiversity data and information groups
Establishment of computerized and meta data inventories
Eeasy access to environmental, biodiversity, social and economic data
Safe guarding of Botswana biodiversity research data
Recognition of Botswana’s and SADC’s roles Active participation in international biodiversity meetings and relevant
with regards to biodiversity biodiversity agreements and protocols
Compliance with and efficient implementation of relevant biodiversity
related conventions, agreements and treaties
Regional and transboundary collaborations enhanced
Establishment of Botswana at the forefront of biodiversity management
and conservation in the region
Pro-active role in globalization including bio trade and biotechnology)

Since biodiversity conservation and management cuts across many sectors, the BSAP
envisages that a specific BSAP implementation office is established within the MEWT.

27
3.1.5 Revised National Action Plan to Combat Desertification (NAPCOD)

The revised NAPCOD has identified the following key priority issues: poverty alleviation
and community empowerment, building partnerships and networks, capacity building,
mobilising financial resources to combat desertification, education, technology transfer
and sustainable use and management of natural resources. The Plan aims to combat
desertification and mitigate drought impacts through participation of stakeholders and
partnerships. Specific objectives are:

• Mobilisation of resources to combat desertification;

• Research on desertification and drought;
• Establishment of new livelihood opportunities in semi arid and degraded areas;
• Awareness raising and improving drought preparedness;
• Prevent and/or control land degradation; and
• Building of partnerships for action.

The plan offers opportunities for special assistance for degraded areas in the Ramsar
site, for the promotion of non-agricultural livelihood opportunities and for building
partnerships (e.g. public- community). The delta is not specifically mentioned in the
NAPCOD.

3.1.6 National Master Plan for Wastewater and Sanitation (2003)

The NMPWWS made a country-wide inventory of wastewater treatment and availability

and developed a sanitation, wastewater treatment and re-use and recycling strategy until
2030. At the time of the study, the emphasis of wastewater management was on proper
disposal. Wastewater was not considered as an economic resource that can be re-used
(e.g. for irrigation) or recycled (re introduction as potable water).

The NMPWWS identified settlements where wastewater services are required during the
next twenty years and developed a set of strategic plans for these settlements to assist
planners in coordinating services. The NMPWWS proposes that the planning and
management of wastewater be extended to large villages, where most of the existing
wastewater works are institutional, for example linked to prisons and hospitals. For the
Okavango delta, wastewater treatment works exist in Maun and Gumare and a new one
is planned for Shakawe.

The NMPWWS argues that wastewater should be re-used and recycled. The target for
2030 is to increase re-use from 20% to 96% of the outflow (or 48% of the inflow) through
agricultural re-use and reduction of losses in the treatment systems. Agricultural re-use
is judged economically viable in most cities and towns and some large villages such as
Maun.

A new National On-site Sanitation Programme is recommended to promote “sustainable

on-site sanitation through coordination, cooperation and capacity building”. The
programme focuses on education and community awareness, and targets an increase in

28
service level of those who depend on pit latrines and those without access to sanitary
facilities. This programme is relevant for the camps inside the delta.
A staggering P 3.2 billion would be needed for implementation of the NMPWWS in the
NDPs. As full cost recovery is considered unaffordable for most households, the
NMPWWS proposes recovery of the operational costs for households.

3.2 Resource policies

3.2.1 Land

National Policy on Land Tenure (1985)

The policy covers the existing land tenure systems (State Land, Tribal land and Freehold
Land) and their administration in urban and rural areas. The policy seeks to ensure the
sustainable use of land and to address constraints in its acquisition. The policy lays out
the position of government on land tenure on the basis of recommendations of the
presidential commission on land tenure of 1983.

The commission identified the following as problems and constraints with regards to land
tenure in Botswana:

• Inability of citizens to purchase land in urban areas;

• Lack of credit facilities in rural areas due to reluctance of lending institutions to
accept communal land as security;
• Misuse and mismanagement of grazing resources by farmers;
• Inefficiencies of land institutions;
• Concerns of people with Certificate of Rights and of those wishing to participate
in SHHA.

The policy made key recommendations for different land tenure forms and different land
uses, as shown in Box 9.

29
Box 9: Recommended measures for different land tenure categories.

Land tenure-use Recommendation

Tribal Land – Modification of leases to provide for the following:
commercial and A duration of 50 years;
industrial Automatic right of inheritance;
Removal of the requirement that land boards should be required to give their
consent to a sale in execution of the lease if this should become necessary
Rentals to be charged per square metre and to vary with the village concerned
location in the village, availability of services but not with number of
businesses in the plot.
Rentals to be payable with effect from commencement of business or on
completion of two years from the date of grant
Consent of the land boards to sale and transfer of leases will not be
unreasonably withheld
Tribal land-residential Introduction of optional common law lease for residential plots
The ministry of Lands will prepare and prescribe by regulation a residential
lease form embodying the recommended provisions for use by the land
boards.
Tribal-arable No land tenure change with regards to arable land as the tenure will have little
or no impact on the flow of funds into arable agriculture.

Tribal land-grazing There will be no land tenure change with regard to communal grazing land
Assistance to Land Boards and DLUPUs to intensify their land use planning
efforts in order to curtail overstocking and encroachment of arable land on to
grazing land.
Change in land Concerning district land shortages, government will continue to make
tenure necessary purchases as freehold land becomes available to augment such
tribal areas.
Urban land The BBS Act will be duly amended to enable BBS lending against the security
of Certificate of Rights
Fixed period state grants and certificate of rights are still the most suitable land
tenure systems in urban areas. They will remain the standard urban tenure
and no more free gold land will be created.

Facilitating citizen access to urban land: The following measures will be

implemented in order to facilitate citizen access to urban land:
Tenant purchase schemes will be reinstated by BHC
Lowering of standards of infrastructure will be considered for affordability

The policy is implemented by the Ministry of Lands and Housing. This policy aims to
improve resource management in tribal land, especially grazing areas, to increase land
security and to facilitate the use of tribal land as a collateral to encourage investment.
The policy has provided the basis for the continuation of Tribal Land around the delta.

3.2.2 Wildlife resources

Wildlife Conservation Policy. Government Paper. No 1 1986. Government Printer,

Gaborone
The policy deals with utilisation of wildlife resources outside protected areas, where
hunting is allowed. It is argued that wildlife can generate more economic value and
employment than hitherto without depletion of the resource. Furthermore, it is assumed
that the net social benefits of wildlife use may be higher than that of traditional forms
such as agriculture.

30
The specific policy objectives are to realise the full potential of wildlife; develop a
commercial wildlife industry; and to increase the supply of game meat from commercial
wildlife development.

The policy operates primarily through land use zoning. Wildlife management areas are
created (mostly in areas zoned as reserves under the TGLP), where wildlife resources
are used and conserved. In such WMAs are wildlife management and use is the primary
recognised form of land use. Criteria for WMAs include: abundance of wildlife, proximity
to Parks and Reserves; located in wildlife migratory routes and/or marginal land. WMAs
make up around 20% of the country. The policy further intended to protect wildlife
migratory routes and mitigate the adverse resource impacts of reduced wildlife mobility
by drilling supplementary boreholes, adjust fences where necessary and protect
important migratory routes through WMA declaration.

The policy further regulates wildlife use through game licenses, control of culling,
cropping and live capture, and areas depleted of game, and control of exports and
imports in line with CITES.

The policy is highly relevant for ODMP, as it has led to a degree of wildlife protection and
conservation outside the Moremi Game Reserve in the delta. Perhaps more importantly,
it curbed agricultural expansion into the delta as agriculture was subordinate to wildlife
utilisation. In this way, the policy has been responsible for the maintenance of wildlife
resources, which can now benefit CBNRM projects.

Ostrich management policy (1994)

The policy was established in recognition of the large wild ostrich population and its
economic value. The policy’s objectives are to preserve ostriches in Parks and Reserves
and to conservation ostriches elsewhere through sustainable commercial exploitation.

Ostriches are fully protected in Parks and Reserves. According to the policy, a National
Ostrich Management Plan (NOMP) will be prepared with import and quarantine
regulations; ostrich farm registration requirements; and export regulations. Processing
prior to export is encouraged and fees for sport hunting will reflect market values. DWNP
may zone areas outside Parks and Reserves where egg and chick collection is banned.
The NOMP comprises resource monitoring and research, sport hunting and export
compliance with CITES and DAHP.

Game Ranching Policy for Botswana. Government Paper No. 5 of 2002.

The game ranching policy was developed to boost the game industry and to catch up
with neighbouring countries. Major constraints for game farming in Botswana were
insufficient security of tenure (esp. in communal areas); insufficient capital and/or
collateral; inadequate skills and experience; inadequate extension support and info
dissemination.

The policy’s objectives are to:

• Increase economic returns from wildlife outside Parks, reserves and WMAs;
• Develop a viable and environmentally friendly game ranching industry;
• Maximise the role of the private sector;
• Facilitate the development of markets;
• Generate and provide data through research and extension;

31
 • Promote species conservation through game farming;
• Ensure a viable and healthy wildlife game population for stocking of ranches;
• Promote Batswana participation;
• Create jobs and income and economic diversification.

Guidelines for game ranches will include the following regulations: 1. Registration
requirement with DWNP; 2. only indigenous species may be kept unless special fences
are constructed; 3 capturing and cropping is permitted throughout year and day; 4.
Recording of animal population register, including off-take; game from the wild may only
be captured through the DWNP quota; valuable Problem animals shall be offered to
game ranchers. The private sector is expected to drive the development of the game
ranching industry; government will only promote and facilitate game ranching.

National Parks and Game Reserves Regulations (2000)

These regulations control the management of Parks and Reserves through:

• Establishment of management plans for National Parks and Game Reserves;

• Entry into and movement within the national parks and game reserves subject to permits;
entry may be restricted based on the carrying capacity;
• Facilities within national parks or game reserves;
• Control over buildings and activities; vacated sites need to be rehabilitated;
• Collection of litter and waste disposal; and
• Establishment of community use zones for communities near Parks for commercial
tourism and sustainable use of veld products.

Wildlife Conservation (Hunting and Licensing Regulations, 2001)

These regulations preclude hunting of a game animal except on condition that he/she
has been issued with a license authorising him/her to hunt that game animal. The
regulations also distinguish between different kinds of licenses for the hunting of game
animals namely:

• Bird license: the license entitles the holder to hunt the species of bird specified in the
license at maximum rate within the specified open season;
• Single game license. Issued at a fee from the district in which the hunting will take place
and valid for the duration of the open season only. The license entitles the holder to hunt
one individual species specified in the hunting quota;
• Small game license. Issued of payment of a specified fee, the license is valid only for the
period specified therein and entitles the holder to hunt the species and maximum number
of animals specified; and
• Special game license. Issued free of charge to citizens principally dependent on hunting
and gathering of veld products for their food and valid for one year, the license cannot be
sold neither can the holder sell the trophy or meat of the animal killed in respect of the
license thereof. Moreover, the holder shall not be entitled to and shall not be issued with
any other type of license.

Hunting in a CHA without a permit is not allowed. A permit is also required to capture
or kill a game animal which is intended: for education and scientific purposes, and
protection of life or property; in the interests of conservation, management, control or
utilisation of wildlife, or breeding, farming or domestication of any animal and for the
selling of a game animal killed, or the meat, trophy or eggs of such animal

32
Professional guides also need a license. No person who is not a citizen of Botswana
shall enter or travel within Botswana for the purpose of hunting any animal unless
accompanied by a professional hunter Finally, no person shall import, export, re-export
or acquire transit rights for game animals without an import, export, re-export and transit
permit respectively.

3.2.3 Draft National Forest Policy (2005)

The draft policy seeks to define principles, objectives and strategies for management
and utilisation of forest resources (dense forests and open woodlands). The overall
objective of the forest policy is to optimise the contribution of the forest sector to the
long-term development of the country by ensuring enhanced and sustainable benefits
from forestry for all segments of the current population. The specific objectives are to:

• Increase community participation in management of woodlands and forest resources;

• Income generation and diversification of forestry based activities such as ecotourism,
craft production and agro-forestry;
• Raise public awareness about the importance of forest resources;
• Ensure sustainable management development and conservation of forest resources
through the establishment of an enabling framework; and
• Development of a legal and institutional framework for the policy implementation.

The policy envisages the preparation of a National Forestry Action Plan with specific
actions and strategies to achieve the objectives.

Botswana has never had a formally adopted forest policy, and its approval will be a
milestone. The delta and Ramsar site mostly consists of open woodlands, and the policy
could strengthen CBNRM projects and create some employment and income
opportunities from forest products.

3.2.4 Botswana National Water Resource Management Plan

Botswana does not possess a formal water policy, but has had a water strategy in the
1991 Botswana National Water Master Plan (SMEC et al, 1991) and its recent Review
(SMEC et al, 2006). The 1991 BNWMP focused on eastern Botswana, where it
predicted demand, identified water shortage areas and recommended solutions. South
eastern Botswana was identified as the main shortage area and the construction of
Letsibogo dam together with the North South Water Carrier were recommended as
solutions. The BNWMP reiterated the government position that plans for irrigation with
water from the delta were shelved after an IUCN study (Scudder et al, 1993).

The report of the recent Review was not made available in time for this study. Enquiries
with Department of Water Affairs suggested that the review had no significant new
insights and measures for the Okavango delta.

33
3.3 Development policies

3.3.1 The Revised National Policy for Rural Development (2002)

The Revised National Policy on Rural Development is a framework policy to facilitate

coordination of the various sectoral policies, and to engender a common vision in pursuit
of rural development. The objectives of the revised rural development policy are to:

• Reduce poverty;
• Provide opportunities for income generation and economic activities;
• Create employment; and
• Increase popular participation in the development planning and implementation
processes

The major concerns and issues emerging out of the review process center on the
following:

• Livelihoods. Arable agriculture in communal lands is declining and may

disappear with increasing urban drift of youth unless profitable and attractive new
opportunities arise. The policy acknowledges significant contributions of veld
products to the welfare of rural dwellers but the lack of research prevents full
appreciation of the true contribution of veld products to rural livelihoods. In order
to nurture growth of the private sector in rural areas, the policy recommends that
governments and local authorities, as the largest consumers in many rural
communities, introduce localised preferential purchasing arrangements i.e.,
procure goods and services from local suppliers wherever possible. Reliance on
rain-fed agriculture by many rural dwellers is not prudent.
• Land and natural resources. Property rights underpin virtually all livelihood
activities in rural Botswana. The policy recommends that market forces be
introduced on tribal land in order to alleviate poverty and increase land use
efficiency and productivity. The policy also calls for development of integrated
land use plans and integrated water management strategies aimed at supporting
rural development.
• Social protection. The policy recommends that coverage, targeting, efficiency
and effectiveness of social safety nets be enhanced; The able should be
encouraged to be self reliant.
• Institutional framework and development. The policy identifies lack of effective
supervision and coordination of programmes and absence of strategic
development plans as contributing factors to poor rural development. District
development committees need to strike a balance of membership between
government agents and communities and private sector. The policy also calls for
synergy between private and public stakeholders for greater development in rural
areas.
• Capacity building. The policy advocates for promotion of improved technology
and assistance schemes such as CEDA. Also, roads, power, water,
telecommunications and other support services will be routed to areas of high
production potential and markets.
• Gender. Gender related disparities in access to and control of resources such as
land and cattle in favour of men are recognised by the policy with intentions to

34
 address the concerns and priorities identified in the national gender programme
framework and national policy on women.
• HIV/AIDS. HIV/AIDS has devastating social and economic impacts on rural
areas. The policy calls for government to come up with effective strategies for
prevention, de-stigmatisation, and public education.
• Poverty. Poverty reduction should be one of the central elements of rural
development and more emphasis should be given to livelihood diversification
away from dependency on communal arable agriculture.
• Environment. The policy calls for stronger linkages between environmental and
development policies.

The Ministry of Finance and Development Planning coordinates the implementation of

the policy The Rural Development Council and its secretariat, the Rural Development
Coordination Division, have been set up to advise the Minister of Finance and
Development Planning and execute decisions respectively. At the district level, cross
sectoral coordination is done through the Ministry of Local Government operating
through the forum of District Development Committees. At the village level, coordination
is done mainly through Village Extension Committees, working closely with Village
Development Committees.

This policy balances development and conservation and is therefore important for
ODMP. Implementation is mostly done at district level through the councils, making it
also relevant to ODMP.

3.3.2 Community-based Rural Development Strategy 1996

The overall aim of the strategy is to promote participatory, more effective rural
development, leading to expanded rural economic activities and reduced poverty
through effective community-based approaches towards rural development. The
specific objectives are to: reduce poverty by better programme design; promote
supporting services and income-generating activities; enhance planning and
management capabilities at district level; improve communities’ implementation capacity;
and take into account gender and environmental sensitivities.

The main strategic elements are:

• A shift in responsibility and control over rural development activities from
government to communities;
• A shift in development activities towards those capable of improving income and
employment;
• A changing role of government from lead implementer to facilitator.

The strategy is implemented through several components: social mobilisation and

advocacy; community participation; community leadership; transfer of decision-making
power to local communities; community action plan and community- based projects such
as direct income generation; indirect income / employment support; and projects aimed
at key poverty determinants; training and institution building; re-focusing of extension
support and government co-ordinating institutions; promotion of NGO involvement.

35
Each District Council is expected to appoint a liaison officer. In addition, communities
should receive assistance from full time/ part time development workers.

3.3.3 Botswana National Settlement Policy (1998)

The aim of this policy is to provide a comprehensive set of guidelines for national
physical planning and to provide a framework for guiding the distribution of investment in
a way that reflects the settlements’ population, size, economic potential, level of
infrastructure and settlements’ role as service centres. The specific objectives of the
policy are to:

• Provide guidelines and long-term strategy for the development of human

settlements;
• Rationalise and promote the optimal use of land and the preservation of the best
arable land;
• Promote the conservation of natural resources for the benefit of present and
future generations

The policy will identify areas that need to be preserved and zoned as preservation areas,
fragile and environmentally sensitive areas and zone such areas as protected or no
development areas, compatible land use zones and protection of such uses from
pollution of all kinds, and measures that can mitigate harmful environmental effects of
development. The policy provide guidelines for the development of transportation and
utility networks in order to strengthen the functional linkages between settlements and
aims to reduce the rate of migration to towns

The NSP is implemented through the National Physical Development Plan and the
National Development Plan at the national level and through the District Settlements
Strategies at the district level. Regional master plans shall facilitate the implementation
of the policy in four regions, including the northern region (Ngamiland and Chobe).

Ngamiland has a settlement strategy to address the following challenges:

• Ngamiland is a vast district with many sparsely populated and inaccessible settlements
• The district is well endowed with natural resources (Okavango delta) and is the seat of
ecotourism in Botswana;
• There is a proliferation of settlements of less than 250 people which runs against
prescriptions of national settlement policy. Dispersion of settlements into wilderness
areas generates conflicts between humans and wildlife;
• Unemployment is high and incomes are very low in the district; and
• Increasing population size that puts pressure on land and related resources.

The primary goal of the Ngamiland DSS is to develop an integrated spatial plan for the
district, which guide the development of human settlements in the district for the next
twenty four years. The settlement strategy is expected to boost economic growth and to
ensure that services are equitably provided to settlements in the district in accordance
with their hierarchy.

36
Box 10: Objectives and measures of the DSP.

Objective Measure
Create an enabling district assessment of resource endowment of various settlements and
environment in which widespread recommendation of appropriate approaches for sustainable exploitation
economic growth thrives and and utilization of resources
infrastructure and services are promote prioritization of development projects and equitable siting of such
equitably distributed among the projects in accordance to NSP criteria
district settlements. promote development and growth in agricultural and industrial sectors in
the district through identification of suitable agricultural land and
introduction of appropriate agricultural incentives and subsidy packages in
the district

Establish a settlement hierarchy Rank order settlements into primary, secondary and tertiary hierarchical
for the district in accordance with levels based on their present population sizes; economic potentials and
NSP criteria employment generation capacities; natural resource availability especially
water; their role as service centres or service providers to hinterlands

Identify settlements with high growth potentials and promotion of the

growth of such settlements as central places through provision of higher
order services

Establish broad land use Zonation of all land in district, for various land use activities taking into
zones/agro-ecological zones in account the use for which particular land areas are best suited.
the district for various uses and Formulation of a logical phasing arrangement for the rational and
determine how they could be sustainable development of land in the district in the next 24 years
rationally and sustainably utilized Formulation of development guidelines to ensure the orderly development
in the next 24 years. of the broad land use zones in the district

Boost and diversify the economy

of Ngamiland district and increase
employment creation
opportunities

To protect and preserve the Identification of all environmental sensitive areas in the district including
environment generally in the wetlands, and the institution of adequate measures for their protection,
district, and sustainably utilize its with a view of preserving biodiversity and intrinsic pristine nature
natural resources Putting in place measures to mitigate occurrence of land erosions, land
degradation through sand excavations in unauthorized areas.
Institute measures to continually monitor and control the population of
livestock and wildlife in the district ensuring that carrying capacities are
maintained.
Prevent deforestation and encourage afforestation
Identify quarry sites in the district and ensure that their exploitation is
controlled in the interest of sustainability.
Preserve and protect fertile arable Identify all fertile arable land in the district and their utilization in
land from settlement accordance with the recommendations of NAMPAAD regarding which
encroachment and crops could be best produce in which areas.
encouragement of good Provide horticultural plots in various settlements and zoning of land for
agricultural practices in the grazing.
district.
To promote an efficient, functional Continued decentralization of institutional structures and administration
and well structured institutional functions in the district
framework and administration Continuous training and strengthening of the capacities of all public sector
machinery that is capable of man power to effectively implement the District settlement strategy.
driving the implementation of the Increase productivity levels in both central and local governments
district settlement strategy departments

improve infrastructure services Upgrade and extend water supply to settlements in the district in
provision in the district accordance with NSP locational criteria for provision of infrastructure and
services to settlements

37
 Upgrade and extend electricity supply and telecommunications networks
in the district settlements as per NSP criteria
Provide adequate transportation network system in the district which
promotes stronger linkages among settlements
A DSS serves as a link between With a planning horizon of 24 years, the DSS has a much longer
national plans and policies (e.g. timeframe than NDPs and DDPs (6 years only).
vision 2016, NDPs and NSP) and
district level and settlement plans
(DDPs, village/settlement plans).

Settlement proliferation and environmental challenges are important in Ngamiland.

Environmental challenges include the excavation of sand, gravel and other construction
materials causing scarification of the environment, an “open door policy” to fishing in the
Okavango delta, illegal hunting and poaching and human – animal conflicts

3.3.4 The Privatisation Policy

The general objectives of the Policy include the strengthening of market forces and the
private sector and promotion of efficient allocation and use of economic resources,
increasing citizen ownership of national assets. The policy further aims to accelerate
economic growth by stimulating entrepreneurship and relieving the burden of
Government in undertaking and maintaining a constantly expanding network of services
and investments in infrastructure. Land is considered to be an asset, which can be used
productively if market forces are introduced.

Land also performs a social function in that it provides livelihood security, especially
communal land. It must also be recognised that the delta is an ecologically sensitive and
unique area, whose services are not adequately incorporated in land values and
markets. In the Delta setting, usage and management of natural resources is privatised
not so much through he Privatisation Policy but through licences to operate in the Delta.

3.3.5 Science and Technology Policy for Botswana

The overall goal is to achieve sustainable social and economic development to meet the
present and future needs of the nation, through co-ordinated and integrated application
of science and technology (S&T) for a better quality of life of the people of Botswana and
conservation of the environment. The core policy objectives are to:

• Establish and strengthen national capacity to research, evaluate, select, acquire, adapt,
develop, generate, apply and disseminate suitable technologies;
• Develop and raise the national productive capacity and improve competitiveness through
efficient application of S&T;
• Promote and develop traditional, indigenous, new and innovative technologies; and
• Create knowledge and awareness, improve and develop the scientific and technological
culture of Botswana.

The S&T Policy is important in the management of the Delta’s ecosystem in that it
enables use of scientific research outputs to inform policy and decision making regarding
activities in the Delta. Furthermore, in pursuance of the indicator on a monitoring system
that provides information on whether ecosystem objectives are being met through
assessment of the effectiveness of planning decisions in achieving ecosystem objectives

38
for the planning area there should be specific goals of ecosystem monitoring in the
Policy.

3.3.6 Industrial Development Policy (1998)

The policy was developed in an attempt to enhance productivity and create employment
in a changing regional and global environment. The policy principles are:

• Encourage productive and efficient export industries based on local natural

resources; and
• Promote efficient support services and component manufacturers; and
• Assist small scale rural entrepreneurs and appropriate local communities and
NGOs.

Government will facilitate the process of industrialisation. Support for tourism industry is
mentioned explicitly in the policy (par. 3.9).

The policy is relevant for the delta through the tourism link. It could also become relevant
if manufacturing developments would occur in and around the delta, and where it offers
support for small businesses, CBOs and NGOs.

3.4 Economic Sector Policies

3.4.1 Tourism sector

Tourism Policy (1990)

The objectives of the 1990 Tourism Policy are to:

• Increase foreign exchanges earnings and government revenues;

• Generate employment mainly in rural areas;
• Raise incomes in rural areas in order to reduce urban drift;
• Promote rural development and the provision of services in remote areas;
• Improve the quality of life by providing recreational opportunities; and to
• Establish a favourable national image to the outside world.

In addition to the above objectives the policy is be designed to ensure that tourist activity
is carried out on an ecologically sustainable basis. The Tourism Policy is carried out
within the context of the Wildlife Conservation Policy of 1986 and the 1982 National
Policy on Economic Opportunities.

The Tourism policy introduces a licensing and grading system of tourism facilities to
ensure quality control and permit comparison with other tourism destinations. This will is
done through the Tourism Licensing Board, which is responsible for formulating and
implementing licensing, regulations and grading system. The policy further provides for
tourism concession areas, where operators or communities receive exclusive rights for
tourism in designated areas. Government determine the possible uses of such areas
(photo safaris, hunting or multipurpose) and awards tourism concessions through a
competitive tendering system. Other things being equal, the concession will be granted
to the applicant offering the highest rent’ (p.8). Lease conditions should ensure that

39
resources are not depleted and leases are fifteen years, sub-divided into leases of five
years. Traditional resource rights of people have to be respected together with the rights
to traverse or enjoy such lands (p.7). The rent revenues accrue to government (State
Land) or the Land Board (Tribal Land). In addition, concession holders pay royalties to
the relevant District Council.

This Policy is critical for the ODMP since the Delta is simply the hallmark of tourism in
the country attracting more tourists than any other destination in Botswana. There are
many tourism concession areas and the licensing and grading system is useful for the
camps and other tourism facilities in the delta.

Tourism Master Plan (2000)

The Tourism Master Plan 2000 identifies comparative advantages and disadvantages of
the tourism sector in Botswana. Many of the comparative advantages refer to the
Okavango delta, i.e. wildlife abundance and variety, attractive scenery, remote and less
crowded Parks, exclusive lodges and camps, efficient tour operators and safety and
political stability. The major disadvantage is the high costs. The plan identifies four core
action areas: product diversification; citizen and community empowerment, offering
support for CBNRM; private/ public sector partnerships, for example as part of CBNRM
projects; and ecological and economic sustainability.

The Plan recommends the modification of the high-cost, low-volume tourism strategy by
permitting higher volumes with mixed prices. Further to the Tourism Policy the plan
recommends the establishment of a Tourism Board (now operational) and a Tourism
Development Fund.

Ecotourism Strategy (2002)

The goal of this strategy is to create an environment in which all elements of tourism
development planning and management facilitate, promote and reward adherence to the
key principles of ecotourism by all those involved in the tourism industry. The objectives
are to:

1. Ensure that planning, management of tourism is consistent with the concept of

sustainability: adhere to carrying capacity; monitor local impacts of tourism; encourage
heritage site tourism; provide incentives for CBNRM communities.
2. Facilitate development of economically viable and effectively managed ecotourism
enterprises: address high cost of green practices; improve access to financial resources;
develop business management and technical expertise; improve access to information
and advice.
3. Increase participation of Batswana in tourism industry: greater involvement of senior
Batswana in tourism; more local companies; assist Batswana to develop tourism projects.
4. Market tourism diversification: promote spatial diversification of tourism over the country;
support product diversification and cost efficiency through collaborative marketing; build
image of Botswana as a leading ecotourism destination; provide market info for
stakeholders;
5. Enhance understanding of eco tourism among stakeholders;
6. Facilitate development of relevant infrastructure; and
7. Facilitate development of eco tourism through coordination and collaboration.

The implementation focuses on planning and research, standards and accreditation,

enterprise development and training/ education. The strategy has not yet been formally
adopted by government.

40
3.4.2 The Agricultural Sector

The National Policy on Agricultural Development (1991)

Despite the declining relative importance of agriculture, the sector still plays a significant
role in food security, income, employment and investment opportunities for rural
Batswana. This also applies to Ngamiland and the delta. Cattle and small stock are
more important than the mostly subsistence oriented crop production. Commercial food
production is not viable in Ngamiland.

The policy therefore aims to accelerate agricultural growth and to improve food security
with no or minimal adverse environmental impacts. The specific objectives are to
increase food security at the national and household level through agricultural
diversification, increased production and productivity, creation of employment
opportunities, provision of a secure and productive farming environment and
conservation of scarce agricultural and land resources. The policy further aims to
eliminate malnutrition, develop drought-coping strategies and skills, and support post-
drought crop recovery.

The policy envisages that agricultural subsidies will be better targeted than before, and
that government will provide essential farm support services of national importance.
Government would support the capital costs of water development while farmers pay the
operational costs. Government would facilitate agricultural development instead of
implementing agricultural development. Measures for the livestock sector include
breeding programme with artificial insemination, veterinary services for diseases of
national importance, milk production, environmentally safe tsetse eradication. The policy
denounces the communal grazing system as environmentally and economically wanting.
Therefore, emphasis is given to land privatisation and livestock ranching. Community
areas qualify for targeted subsidies including boundary establishments by Land Boards,
preparation of a land use plan, permanent extension team, water development, fencing,
Artificial insemination and range ecological support.

The policy is important for Ngamiland and the Okavango delta, as it could lead to more
fencing and livestock expansion. Increased livestock productivity would, however,
reduce the need to designate more land for the livestock sector. The policy further
makes clear that commercial food production is not feasible in Ngamiland, and that
emphasis should be given to subsistence crop production, including the more fertile
molapo areas.

National Policy on Tribal Grazing Land (1975).

The TGLP policy was an early attempt to solve the problem of overgrazing and lack of
rangeland management in Tribal land. The overall policy aim was to ‘provide cattle
owners, large ad small, with ways of increasing their farming incomes’. (p.5). The
specific objectives are to:

• Control grazing, improve range management and increase productivity possible

by granting exclusive rights to land (conditional); and
• Safeguard the interest of those who own only a few cattle or none at all (by
creating reserves, later used as WMAs).

TGLP led to a subdivision of Tribal Land into three categories:

41
 • Commercial farm areas with exclusive rights for individuals or groups through
leases (50 years);
• Communal grazing areas where the tenure system remained unchanged and
policy emphasised the need for better management. The Land Boards would
control the number of livestock to be kept in communal areas and no individual
ownership of dams, wells boreholes for livestock would be permitted.
• Reserves set aside for the poor and for alternative uses such as wildlife, mining
and cultivation. These reserves later became WMAs.

Implementation of the policy focused on the large districts, including Ngamiland.

Environmental and social impacts were monitored for some time, but this was
discontinued.

The policy has had a profound impact on land use in Ngamiland through the
development of the Hainaveld ranches (outside the ODMP area) and the general
support to the sector that TGLP and its successor have offered. The establishment of a
grazing management system in communal areas have never materialised.

42
4.0 LEGISLATIVE REVIEW AND ANALYSIS

The following legislation has been identified as being of relevance to land use planning.
The legislation is not in any particular order of importance and will be discussed later in
the order they appear below.

General development and governance Acts (section 4.1):

• The Constitution of Botswana
• The Administrative Districts Act
• Local Government (District Councils Act)
• The Industrial Development Act
• Acquisition of Property Act
• The Public Health Act

Resource Acts (section 4.2):

• The Tribal Land Act
• The Town and Country Planning Act
• The Waste Management Act
• The Wildlife (conservation) and National Parks Act
• The Agricultural (Conservation) Resources Act
• Herbage Preservation Act

Sectoral Acts (section 4.3)

• The Fencing Act
• Diseases of Animals Act
• Environmental Impact Assessment Act
• Fish Protection Act

4.1 General Development and Governance Acts

4.1.1 The Constitution of Botswana

Section 3 of the Constitution assures every individual in Botswana their entitlement to

fundamentals rights which include the protection of the privacy of her/his home and other
property and protection from deprivation of property without compensation, subject to
lawful limitations. These limitations include the compulsory acquisition or the taking in
possession of property in order to secure the development or utilisation of the property
for a purpose beneficial to the community; or for the purposes of public safety, public
order, public morality, public health, town and country planning or land settlement
(section 8(1). This discussion is elaborated further under the discussion on the
Acquisition of Property Act and the Tribal Land Act.

The Constitution does not refer explicitly to environmental rights.

4.1.2 Administrative Districts Act

This Act provides for the administrative districts of Botswana. The designation of
Northwest District as a district is contained in the Declaration of Administrative Districts
Order under the Act. The Schedule in the Order describes the Northwest District and
provides its legal boundaries.

43
The Act provides for the administrative districts of Botswana. The designation of
Northwest District as a district is contained in the Declaration of Administrative Districts
Order. The Schedule provides the description of what constitutes Northwest District as
well as providing the legal boundaries of the district. It is obviously essential for land use
planning, service provision, budgetary requirements to know the extent and limitations of
the district.

Administrative districts do not follow ecosystem boundaries, and therefore an

administrative district may have more than one ecosystem within its boundaries. For
example, the Ramsar site has at least two ecosystems, i.e. the delta proper with
seasonal water inflows, and the dry savannas at some distance of the delta, which are
similar to other parts of the country. Ecosystem diversity needs to be recognised in
planning of development, land use and settlements.

4.1.3 Local Government (District Councils) Act

The Act provides for the establishment of the District Councils and provides for matters
that are relevant or connected with District Councils. The provisions of the Act apply to
all areas in Botswana except those areas that have been declared to be cities or
townships as per the provisions of the Townships Act.

Northwest District Council has an important role to play in the development and land use
in the district. Since the Council is required to provide services, including those outlined
in this Act, any planning for a specific use of land should involve the Council.

The designation of land for safari camps, community-based activities, tourism activities;
settlement, agriculture, meraka and so forth requires the involvement of the Council in
order to ensure that the Council is aware of the duties it ought to perform for the specific
land use.

Council is legally obliged to be involved in the conservation and management of natural

resources through the establishment of parks, public places and recreation grounds.
This legal obligation may be difficult to exercise in practice because the Council is not
the one responsible for the allocation of land.

Ngamiland District contains large tracts of communal land which are administered under
the Tribal Land Act. Although the Tribal Land Act provides for designation by the Land
Board of land called “commonage” it does not necessarily cover the designation of land
for the conservation of plant natural resources or biological resources.

With the exception of plant natural resources that are covered under the Forestry Act
and the Wildlife Conservation and National Parks Act, land allocation in communal land
does not legally (under Tribal Land Act) require the consideration of conservation of
natural resources. Fortunately for the Delta, its designation as a Ramsar site and the
presence of many wildlife management areas offer resource protection, but does not
cover resources outside the Ramsar site and WMAs. It is therefore important that district
development and resource planning is based on sustainable development.

44
4.1.4 Industrial Development Act

The Industrial Development Act seeks to promote industrial development in Botswana.

The Act appears to be confined to the manufacturing industry and excludes agriculture
and tourism. The relevance for this review lies in section 8(2)(b), which indicates that
the application for granting of a licence may be denied if the site for the proposed
manufacturing establishment is not suitable. Section 8(2) of the Act presupposes that
planning and zoning is done in accordance with the relevant legal mechanisms such as
those found under the Tribal Land Act and the Town and Country Planning Act.

Section 14 of the Act states that the issue of a licence under the Act does not in any way
relieve the holder of the licence from compliance with any other written laws, including
the Town and Country Planning Act, the Waste Management Act, the District Councils
Act and the EIA Act.

4.1.5 Acquisition of Property Act

This Act authorises the acquisition of property for public and other purposes, and
provides for the determination of any compensation to be paid as a result of an
acquisition. The scope of the Act includes “real right” in immoveable property, lease of
immovable property, rights to use of public water, any servitude, or the creation of any
servitude, any land granted or ceded to a corporation, company or person. The Act
however does not apply tribal territories as defined under the Tribal Territories Act.

The Act provides conditions on which the President may acquire any real property (s.3)
(1): In the interests of defence, public safety, public order, public morality, public health,
town and country planning or land settlement; In order to secure the development or
utilisation of that or other property for a purpose beneficial to the community.

The RAMSAR site is mostly tribal land; most of which is administered by the land Board
as communal land or wildlife management area; a small portion is run by DWNP as a
Game Reserve (Moremi Game Reserve).

4.1.6 Public Health Act

The Act makes provision for public health concerns such as housing, trading places,
sanitation, protection of food resources and products, water supplies and the regulation
of the use of cemeteries. The main functions under this Act are the promotion of
personal and environmental health. This involves advising and assisting local authorities
in regard to matters affecting public health.

In relation to land use planning it is important to consider the suitability of the land and
the area for the type of services and infrastructure development that is necessary to
maintain public health and environmental health.

The provisions of this Act should be read and implemented along with the provisions of
the Waste Management Act, District Councils Act, Town and Country Planning Act,
Trade and Liquor Act and the Building Control Act.

45
4.2 Environmental and Natural Resource Acts

4.2.1 Environmental Impact Assessment Act (2005)

The EIA Act provides for:

• Environmental impact assessment to be used for assessing the potential effects
of planned developmental activities;
• The determination and provision of mitigation measures for effects of such
activities as may have a significant adverse impact on the environment; and
• The putting into place a monitoring process and evaluation of the environmental
impact of implemented activities (environmental audits).

The act applies to activities of which the Minister may, after screening them prescribe by
regulations. Such regulations shall prescribe:
• A list of activities which are likely to cause significant adverse effects on the
environment, or the locations that may be environmentally sensitive, in respect of
which a statement shall be mandatory;
• Threshold determinations of environmental impact assessment with respect to
the activities; and
• Criteria which shall be used to determine whether or not a statement is required
for the activity.

The Act provides for mitigation measures and environmental monitoring and audits. The
Act is critically important to the delta, especially if the delta is declared an ecologically
sensitive area. Adverse environmental impacts will be avoided or reduced in severity,
and environmental audits could ensure that no unexpected environmental damage
occurs without addressing this situation immediately.

4.2.2 Waste Management Act (1998)

The Act provides for the establishment and functions of the Department of Sanitation
and Waste Management (now Department of Waste Management and Pollution
Control). It also prescribes roles for the local authority in the management of waste and
provides for the planning, facilitation and implementation of advanced systems for
regulating the management of controlled waste in order to prevent harm to human,
animal and plant life, as well as to minimise pollution of the environment and to protect
natural resources.

This Act is closely associated with land-use planning. There is need to plan and zone
land suitable for waste disposal sites as well as to zone land for the different land uses in
a manner that provides an enabling environment for the control of (including collection)
residential, industrial, hazardous and clinical waste (section 14). This is important in the
context of the Delta where tourism and such other activities take place within a fragile
ecological system.

The Act describes the duties of local authorities in the management of waste, in this
case the district council and/or LB. The local authority is required under section 9 to
produce a waste management plan covering the area under its control. This would
require an assessment of the current land uses and the types of waste generated. Of

46
importance, is that at planning and zoning stages it is necessary to lay a broad
framework of the type of waste, its management and responsibilities envisaged. Certain
types of land uses will have to be planned and zoned away from fragile or potentially
fragile environment. Additionally, the location of waste disposal sites will have to take
into consideration the state of the ecology, natural resources and the human and natural
environment in question. There is a requirement for the licensing for the operation of a
waste management facility. Section 16(1) requires that a waste management facility, for
which planning permission is required under the Town and Country Planning Act, be in
possession of such permission before it can be granted a license under the Waste
Management Act.

The Act provides for the conservation of natural resources and environmental protection
through the prevention of pollution and contamination caused by unregulated and
uncontrolled waste. In planning and zoning of land, it is necessary to identify areas
where there is underground water, fragile ecology etc in order for the areas to be zoned
for those activities less likely to cause detrimental effects to the surrounding natural
environment.

4.2.3 Land Resources

The Tribal Land Act (1968 amended in 1993)

The Act provides for the establishment of the tribal Land Boards and vests communal
land in such Land Boards (LB). It also defines the powers and duties of the Land
Boards. The Act administers customary forms of land tenure, common law rules and
other privately owned rights such as those found in the Acquisition of Property Act.
However the larger body of law that is administered or purported to be administered
under the Act is that of customary law. Customary law in relation to any land is taken to
mean the customary law of the place where the land is situated.

While LBs have been successful in allocating resources, the resource management void
that emerged in communal areas has not been adequately filled by LBs. The lack of
management of resources in most communal land is not confined to plant natural
resources, but also affects the management of soil, sand, gravel and stones. These
materials are in high demand both for domestic, but mostly for commercial consumption.
It is difficult in the absence of responsibility for non-allocated areas to control the
extraction of sand and gravel. The importance of highlighting this in relation to the
ecosystem approach, especially in the Delta and the areas surrounding the Delta is the
potential loss of biological diversity and natural resources there from.

The dilemma for planning purposes for land use that may pose a challenge for Land
Boards to effectively enforce environmental planning and use of the ecosystem
approach is contained in Section 38 of the Tribal Land Act. Section 38(1) of the Tribal
Land Act regulates the transfer of rights on communal land. The section does not allow
the transfer of rights in respect of any grant or lease of any communal land unless the
following conditions have been met:
• the land is developed to the satisfaction of the Land Board;
• the land is sold to a citizen of Botswana;
• there is a hypothecation by a citizen of Botswana; and
• there is devolution of such land due to inheritance.

47
 Section 38(2) proceeds to provide conditions on which the land can be registered at
the Deeds Registry, which conditions are:
• there must be produced evidence of a certificate issued by the Land Board;
• there must be evidence of a written lease.

Where relevant, one of the conditions in section 38(1) must be present. Section
38(3) provides: “For the avoidance of doubt, it is hereby declared that the provisions of
section 17 of the Deeds Registry Act shall have effect in relation to the transfer of real
rights of land under the provisions of this section as it has in relation to the transfer of any
other real rights in land”

The implications of the above for the purposes of planning and zoning are, firstly the
section changes the tenure system of the land in question by granting through
registration under the Deeds Registry Act, exclusive private rights, it may even provide
for the change in land use from the land use previously granted under the Tribal Land
Act. Secondly the privatisation of communal land effectively removes the administrative
and legislative checks (Tribal Land Act, Town and Country Planning Act) and balances
that ensure basic environmental accountability as the owner of private rights over
property is at will to deal with her/his land regardless of environmental consequences.

Town and Country Planning Act 1977

The intent of this Act is to provide for the orderly and progressive development of land in
both urban and rural areas and to preserve and improve amenities in those areas. The
Act also provides for the grant of permission to develop land, and provides for other
powers of control over the use of land. The Act establishes the Town and Country
Planning Board (TCPB) whose functions are to advise the Minister on his/her request, in
particular on the preparation or revision of developmental plans. The TCPB is also
charged with the task of determining applications for the development of land submitted
to it.

This Act is important to the ODMP because there are a number of developments that
take place in the Delta area, including tourism, agriculture, harvesting of wildlife species
and hunting.

The Town and Country Development Order is applicable to every planning area from the
day the area is appointed a planning area. Any area can be legally declared a planning
area irrespective of the land tenure system. While the concept of environmental
conservation is present in the Act, the approach for infusing environmental management
is lacking.

The Town and Country Planning Board is charged with the implementation of the Act.
However section 22, permits the Minister to cause the transfer of the functions of the
Board by an order published in the Gazette. The functions of the Board to grant or
refuse permission for development are transferred to what is termed “a responsible”
authority subject to conditions, limitations and reservations as the Minister deems fit.
Where the functions are transferred to a responsible authority the provisions of the Town
and Country Planning Act shall apply to any decision or action taken by the responsible
authority as if the decision or action was taken or conducted by the Board.

48
Section 41 spells out the relationship of this Act with other legislation regulating the
development of land:
“For the avoidance of doubt it is hereby declared that the provisions of this Act, and any
restrictions or powers thereby imposed or conferred in relation to land, apply and may be
exercised in relation to any land notwithstanding that provision is made by any law in force at
the date of the passing of this Act, for authorising or regulating the development of any land.”

This Act and the Tribal Land Act seek land development in a similar fashion, (the former
mostly in designated planning areas) but overlaps may occur and conflicts may arise
during the implementation of both Acts.

4.2.4 Wildlife Resources

Wildlife Conservation and National Parks Act (1992)

The Act provides for the conservation and management of the wildlife of Botswana and
gives effect to CITES on the fauna side. The Act provides for complete preservation of
wildlife resources inside Parks (all wildlife) and Reserves (specified protected species)
and for controlled use of wildlife resources elsewhere. The use is protected through a
combination of licenses, quota and enforcement activities on the part of DWNP.

The Act provides for the establishment, control and management of national parks and
game reserves by DWNP, Wildlife Management Areas, Controlled Hunting Areas and for
matters incidental thereto or connected therewith. In this regard the Act addresses a
number of significant issues including protected animals, partially protected animals, bird
licences, and schedules on areas and types of animals and plant life that may not be
hunted or harvested.

With regards to mining in a national park, the Act explicitly prohibits any prospecting,
mining or acquisition of prospecting or mining rights in national parks except as subject
to any such rights lawfully acquired, in terms of the Mines and Minerals Act, before the
date on which such an area became a national park or by written permission of the
Minister.

Any land-use planning should take into consideration existing national parks and WMAs
in order to address the potential of conflict and competition for land that arises as a
result of expanding human population (and corresponding agricultural, settlement
activities) and the need for land by the animals.

The planning for CBNRM activities that are dependent on WMAs and national parks will
require planning in such a manner that access to the wildlife is possible. This requires
the direct involvement in planning of the Department of Wildlife. This Act, although it is
not explicit, carries within it ecosystem approach principles.

4.2.5 Agricultural Resources

The Agricultural (Conservation) Resources Act (1974)

The Agricultural Resources Act addresses the access to and management of resources
and empowers the Agricultural Resources Board to manage all resources on and below

49
the soils of Botswana. The Act also acknowledges the importance of creating
appropriate policy and regulations to manage and conserve veldt products.

The Act falls short of addressing the management and conservation of veldt products
that are not destined for commercial export. Thus the void in relation to the
management and conservation of veldt products remains unaddressed and the
consequences of such non-control are felt mostly by the poor people in society,
particularly those that need the resources for domestic consumption. Regulations have
been issued for sengaparile (1977) and hoodia (2005); these species are not common in
the RMASAR site.

The lack of control is not good for the natural resources management in the Delta and
surrounding areas, where competition for resources continues to grow. In the face of
competition for resources, the Act has to move away from shying to address the use of
resources, based on the ecosystem in question.

4.2.6 Herbage Preservation (Prevention of veld fires) Act (1977)

The Herbage Preservation Act aims to control veld fires. Nobody is allowed to start a fire
in land not owned by him/her. Notification warnings need to be given for fires on private
land. Each person has the obligation to put out a fire. The Herbage Preservation
Committee has the right to prescribe firebreaks where needed.

Fires are a significant problem in Ngamiland and therefore this Act is important to the
Ramsar site. Enforcement of the Act is very difficult, and fires form a key component of
traditional rangeland management. Therefore, if the the fire ban would be effective it is
likely to alter the vegetation composition.

4.2.7 Forestry Act (1968 and 2005)

The 1968 Forest Act is concerned with Forest Reserves only. Local authorities, including
the Land Board, may propose the establishment of a Forest Reserve in its authority
area. The use of forest products is controlled in such reserves, and charges apply.
Persons must hold a license to cut trees, build huts or use the land for grazing or
cultivation. The Act provides for bye-laws.

The Act was amended in 2005 in order to comply with the CITES as far as it relates to
flora.

Protection of forest resources is restricted to Forest Reserves, which currently do not

exist in the Ramsar site. Forest produce elsewhere (hence in most of the delta) are
largely unprotected, creating a gap in legal resource protection.

4.2.8 Fish Protection Act 1975

The Act provides broad guidelines for the regulation, control, protection and
improvement of fish resources and fishing in Botswana. The Act empowers the Minister
of Environment Wildlife and Tourism to make regulations that include:

50
 • Regulations for fishing:
• Registration requirements of all fishing boats;
• Establishment of species specific fishing seasons;
• Issuing of specie specific fishing licenses;
• Registration of persons authorised to catch any species of fish;
• Prescribing user fees for fishing and registration;
• Regulation of nets to be used in fishing and/or prohibition of certain nets/ meshes;
• Prohibiting, restricting or regulating the imports of live fish into Botswana;
• Prohibiting, restricting or regulating the transfer within Botswana of any live fish.

While the Act provides comprehensive regulations for the sustainable management of
fish in Botswana, lack of financial and manpower resources in the fishery unit makes
effective enforcement of the law very difficult. This could threaten fish resources,
particularly if the catch increases.

4.2.9 Water

The Water Act (1968)

This Act provides for the provision of water rights by the Water Apportionment Board.
The State owns the country’s water resources. Everyone has access to water for stock,
drinking, washing and cooking and use in a vehicle, provided he/she has lawful access
to public water (art. 5).

Water rights are needed for water diversions, dam and storage, abstraction, use, or
discharge of effluent into public water. Water rights specify the quantity of abstraction,
the period and purpose of abstraction. Water right does not mean that the amount of
water is actually available. Water rights may be cancelled if not used within three years
(art. 24). The following conditions apply to water rights for industrial, mining, power
generation, and forestry use:
• Water used shall be returned if reasonably practicable, to the body from which it
was abstracted;
• Shall be substantially undiminished as far as the use to which it is put allows;
• Shall not be polluted with any matter that is likely to cause a health risk to people,
animals, fish crops or gardens that are irrigated. (art. 17).

The Water Registrar will keep a record of all water rights (art.32).

This law is important for the delta and RAMSAR site as it largely control water
abstractions and return flows to public waters such as the Okavango River.

Water works Act 1962

The Water Works Act identifies water works areas for supply through public water supply
systems and appointment of the water authority. The Water Authority has the rights to
construct water works and take over all water works within or beyond the boundaries of
the waterworks area and the duty to supply water.

This Act applies to villages, which are supplied by the department of Water Affairs
(Maun) and/or the District Council (as the appointed Water Authorities).

51
4.3 Sectoral Acts

4.3.1 Mines Quarries Works and Machinery Act

This Act provides for the safety, health and welfare of persons engaged in prospecting,
mining and quarrying operations including any works that are part of, or ancillary to
mining and quarrying operations. The Act also contains provisions on the inspection and
regulation of mines, quarries, and works and of machinery used in connection therewith.

The concern regarding the extraction of sand and gravel at district level is addressed by
this Act. However the actual scope of implementation of this Act does not extend to
what is regarded as non-commercial activities such as the building of a home.
Furthermore the Act does not seek to regulate individuals, who extract sand or gravel
but to regulate official entities registered as mines or quarries. This leaves room for
erosion and ecological destruction.

4.3.2 Agriculture

Diseases of Animals Act

The Act aims to prevent and control diseases of domesticated animals and gives
provisions for the import, export and movement of domesticated animals as well as
those for the quarantine of domesticated animals in certain circumstances.

There is a disease notification duty. The owner or person in control of any animal
affected or suspected of being affected shall notify the nearest veterinary officer or other
officer and keep such animal separated from unaffected animals; non-compliance is an
offence. The Director of DAHP may then declare the area to be an infected area as
regards to any disease named. He may extend, reduce or otherwise alter the limits of an
infected area or declare an infected area to be free from disease Animal and (its
product) movement into or out of any infected area of any animal may be prohibited.

Veterinary controls are an important aspect of livestock farming in Ngamiland. Major

cordon fences in and around the Okavango delta include: the Kuke fence, the
Makalamabedi (1968), the buffalo fence (1982 to control spread of foot and mouth), the
Samuchima, Ikoga, and Setata 1 fences (1995 to contain spread of CBPP) and border
line fences, which were constructed after the eradication of CBPP in 1996.

Fencing Act 1962

This Act regulates the construction of fences dividing farms and stipulates the type of
“farm” that ought to be fenced, how the costs will be shared as well as the procedures to
be followed in the fencing of farms. The Act also provides for the resolving of disputes or
conflicts between farmers regarding fencing.

The Act’s applicability to land use in the Delta and surrounding areas arises from the fact
that fencing is considered to be a development under the provisions of the Town and
Country Planning Act. The provisions of this Act may be of relevance in particular, to
planning and zoning of land as farms or in making material changes to existing farms. It

1
The Setata fence has been removed and an opening has been made in the order fence with Namibia (Caprivi strip) to
reduce adverse impacts on wildlife resources.

52
is worth noting that under section 3 of the Fencing Act a “farm” ought to be a piece of
land registered as such under the Deeds Registry Act. This does exclude moraka (cattle
post) and tshimo (ploughing fields). Although the Tribal Land Act provides for
registration under the Deeds Registry Act subject to certain conditions, it does not
compel the registration of a moraka or tshimo in order to be regarded as a “farm”.

4.3.3 Tourism

Tourism Act 1992

This Act provides for a licensing and grading system of tourism enterprises through the
Tourism Industry Licensing Board. It is important to the delta to ensure proper
registration of enterprises and proper grading of the camps, hotels etc.

Botswana Tourism Board Act 2003

This Act provides for the establishment of the Botswana Tourism Board as a body
corporate, with members from the public and private sectors as well as from community-
based organisations. The tasks of the Board are to:

• Develop and implement a tourism marketing and promotion strategy;

• Formulate and implement strategies for promoting sustainable tourism
development in collaboration with all stakeholders;
• Advise government on policy reviews and reforms where necessary;
• Implement government tourism policies;
• Set performance targets for the development of the industry;
• Promote investments in the tourism sector;
• Promote the improvement of tourism standards through service standards and
codes of ethics; and
• Encourage tourism diversification.

The BTB is headed by a CEO and has the right to raise revenues.

The linkages between the BTB and the Department of Tourism are not spelled out in the
Act. It is assumed that the BTB absorbs the responsibilities of the Tourism Licensing
Board.

This Act is important for the RAMSAR site, as it is the prime tourism attraction of
Botswana. Competition between the Board and the department of Tourism could create
problems and conflicts; these should be avoided by a clear division of responsibilities or
organisational re structuring.

53
5.0 POLICY ANALYSIS

5.1 Introduction

This chapter discusses the main findings of the review of the major policies and
legislation (chapters 2-4). Several integrated environmental approaches have emerged
over the last two decades. These include sustainable development (1987, World
Commission on Sustainable Development), ecosystem approach (1990s through IUCN
and UN) and integrated water resource management (IWRM; after 1990 Dublin
conference). These approaches are very similar, even though they may have a different
scope and emphasis. For example, IWRM is restricted to water resources, and the
ecosystem approach focuses more on resource conservation. Government has adopted
the approach of sustainable development in the 1990 White Paper on Resource
Conservation and Utilisation and in the development planning process (cf. NDP9 and the
environmental key note paper). Therefore, sustainable development seems the natural
choice of concept. However, it must be recognised that several international and
regional conventions and national policies refer to the ecosystems approach (EA; e.g.
UNCBD and wetlands policy) or to IWRM (e.g. SADC regional water policy). Therefore,
these approaches need to be incorporated in resource planning too.

First, the policy formulation process in Botswana is described (5.2) then general
observations are made regarding the policies and legislation (5.3) before specific
findings are presented in section 5.4. The chapter is concluded (5.5) with
recommendations regarding policies and legislation in relation to ODMP.

5.2 Policy formulation

During the preparation of the Wetlands Policy and Strategy, the following steps were
undertaken during policy formulation:
• The inception of the process came
from the national wetlands committee National Wetlands
who informed the DEA (then NCSA) of Committee - Reports to
the need for policy the NCSA

• The DEA then hosted a workshop to Issues

Stakeholder
identify the main problems facing For National
Workshop
wetlands and the need for a national Consultation
policy on wetlands.
National
• DEA then appointed the National Consultation
Wetlands Steering Committee to
oversee the preparation of a policy
and strategy. Draft Wetlands Stakeholder Workshop
Policy
• The Committee and their consultants
then hosted a national consultative
workshop on the issues and the to
identify objectives of the policy Consultation

• A draft policy and strategy were

prepared together with a broad range
of publicity materials (Ministerial National Wetlands Policy
speeches, newspaper articles and and Strategy

54
 duel language pamphlets). The public were asked to contribute to the
process. These comments were incorporated into a second draft of the
policy.
• A national consultative conference was then held to finalise the Wetlands
policy and Strategy.
• The final Policy and Strategy was then adopted by DEA who then began the
official acceptance process where the documents have to be presented to
and accepted by the National Environmental Affairs Council (Made up of the
NCSA and Agricultural Resources Boards) and the National Rural
Development Council.
• A cabinet memo is then prepared for Cabinet approval.
These steps have been modified into a policy cycle (Figure 2) and discussed with the
client

Government process

Identify policy Government

commitment Public process
need

Inception of Idea Policy Dev. Team

Initiation
Review Clarify the Issues
Implementation
Implementation
(Integrate into NDP) Define the Objectives

Cabinet Approval

Identify Alternatives/Options
Approval
Cab Memo Formulation

Identify implications
NEAC & RDC Approval

Draft Memo Draft Policy

National Strategy &

Consultations Action Plan

Figure 2: The Policy Formulation Cycle

5.3 General observations

The Okavango Ramsar site is governed by a wide variety of policies and laws, which
involve a large number of mostly government institutions. At least forty national policies
and laws and close to ten international treaties or protocols are relevant to the use and

55
conservation of the Okavango’s resources. The analysis distinguished the following
types of policies, laws and treaties, dealing with:

• Individual resources (water, land, wildlife, forestry, fisheries etc.)

• Environmental issues (EIA/SEA, waste management, pollution)
• General development issues (e.g. rural development and settlement)
• Economic sectors (agriculture, wildlife, tourism, forestry)
• Social welfare and livelihood support (e.g. pension, RADP)

The multitude of policies and institutions involved in resource management and their use
creates huge challenges for effective resource coordination and management that the
ODMP seeks to ensure. There is need to harmonise and rationalise policies, institutions
and legislation, in particular:

• Harmonise and consolidate the Agricultural Resources Conservation Act, the

Forest Act and the Herbage Preservation Act (also need to up-date; see
below);
• The Tribal Land Act and the Town and Country Planning Act. The latter needs
to concentrate on peri-urban areas and land developments around large
villages through the declaration of planning areas. The authorities of the TCPB
and the LBs need to be clearly delineated to avoid overlap and conflicts;
• Pollution control policies and legislation to ensure full coverage of all forms of
pollution in an integrated and efficient manner;
• Tourism development and management. The roles of the new Tourism Board
and the department of Tourism need to be clarified as both seem to have
similar tasks. This may create overlap and conflicts.

The review revealed a difference in emphasis between national and international

policies, treaties and protocols 2 . The international policies originate mostly from the UN
and SADC and focus on specific natural resources (e.g. wildlife, forests and water) and
environmental issues (e.g. desertification and biodiversity). Most have emerged after the
1992 Summit on Sustainable Development in Brazil. There is currently only one sectoral
protocol that appears directly relevant for the Okavango (SADC protocol on Tourism). In
contrast, the national policies cover a broader range of environmental and development
challenges. The number of national development and environment-oriented policies is
roughly similar. While this balance is healthy from a sustainable development
perspective, the challenge to integrate development and environmental policies better
and more efficiently remains.

The institutional environment and development responsibilities are divided between

central and local government. The lead institutions in central government are the DEA,
DWA, DWNP and DWMPC; DoT, DTRP and DFRR also have a role to play. The District
Council and the Land Boards are the leading institutions in local government. Their role
is growing and needs further enhancement in order to realise more effective
decentralised resource conservation and use. Decentralisation of responsibilities
appears to be slow and needs to be accelerated, also through the implementation of the
ODMP. This requires further capacity building within the District Council and Land
Board.
2
For simplicity sake, the term policy is often used later to cover all types of documents (policies, treaties, protocols and
programmes).

56
The roles of the private sector and the local population are modest in most policies, but
growing. Initially, involvement was restricted to consultation, but recent policies mention
greater roles for the private sector (e.g. tourism and the Tourism Board) and
communities (e.g. CBNRM, rural development and participation in the Tourism Board).
Greater participation of the private sector and civil society needs to be encouraged to
overcome government capacity constraints and to increase local interest in resource
conservation and wise use. This can be done through broadening of the District
Development Committee with members of the private sector, NGOs and communities
and through delegation of tasks now carried out by government to other sectors in
society.

Some policies and Acts date back to the 1970s or even earlier (e.g. 1962 Water Works
Act, 1968 Water Act, 1974 ARCA, 1975 Forestry Act, 1977 Herbage Preservation Act).
Obviously old Acts cannot incorporate recent international commitments and changes in
environmental thinking and approaches. Therefore, there is need to regularly up-date
policies and acts to keep them aligned to international trends and recent insights and
knowledge. This is particularly important in the following areas:

• Water policies and legislation. These should be based on the notion of integrated
water resource management, encourage decentralised water planning and
management (e.g. district water planning unit) and be consistent with/incorporate
commitments under regional and international conventions.
• Pollution legislation is current covered under the 1968 water Act, the 1975
Atmospheric Pollution Control Act and the 1998 Waste Management Act.

Some key policies are still in draft form (e.g. CBNRM and Forestry policies, wetlands
and ecotourism strategies). It is uncertain how the final versions will look like.

From an environmental perspective, pollution issues appear to be dealt with in a

fragmented and partial manner. The 1998 Waste Management Act and policies govern
litter, sanitation, wastewater and waste disposal; the Atmospheric Pollution Control Act
(1975) addresses air pollution but water pollution is mostly addressed through the 1968
Water Act.

5.4 Policy review

Below, the major findings are discussed for the evaluation criteria.

5.4.1 Participation of local communities and private sector

Three issues merged from the review: consultation, participation and benefit distribution.
Each is discussed in some detail below. Greater involvement of communities and the
private sector is promoted for several reasons:
• A rethink of government’s role (switch from development implementer to
facilitator and overall custodian of the environmental heritage);
• Government capacity constraints in terms of policy implementation and
enforcement;

57
 • The expectation that greater involvement of communities in resource
management will benefit rural development as well as resource management. It
is expected to establish common property resource management to overcome
the perils of open resource access;
• The expectation that greater private sector involvement would create new
development opportunities (e.g. in collaboration with communities) and mobilise
financial resources, skills and capacity for development.

Consultation
Botswana has a strong culture of consultation through Kgotla and other media. Local
consultations, particularly during policy preparation have taken place for a long time (e.g.
TGLP consultations), and are also formally incorporated in new policies such as EIA.

Participation
Participation is more than consultation and assigns certain responsibilities and rights.
Since the 1990s, several policies emphasise the need for participation of local
communities, mostly through community-based natural resource management and
community-based rural development. This trend is particularly visible in national policies
but is also found in international policies. Examples include: Rural Development Strategy
and Revised Rural Development Policy, draft CBNRM, the Tourism Policy and draft
Forestry Policy and the Action Plans for biodiversity (BSAP) and Combating
Desertification (NAPCD). The Agricultural Development Policy also offers opportunities
for local communities. SADC protocols support community participation in the forestry
and wildlife sectors, and the UNCCD and NAPCD encourage community based resource
management and rehabilitation.

The CBNRM Review and experiences from neighbouring countries have shown that the
CBNRM approach is most feasible in areas with abundant wildlife resource close to
Parks and Reserves. Therefore, participatory development and resource management is
a suitable approach for the delta.

Benefit distribution
Benefit distribution is an important aspect of local participation. The Vision 2016 and the
Tourism Policy argue that local benefits must be increased and that benefits need to be
fairly distributed. The final CBNRM policy will have mechanisms for the distribution of
CBNRM benefits.

The role of the private sector is hardly articulated in any of the policies. Some policies
refer to a greater role of the private sector (e.g. SADC tourism protocol and rural
development policy), but the roles and responsibilities of the private sector and
communities need to be defined much clearer in policies.

5.4.2 Decentralisation of resource management and policy implementation

National policies and legislation assign major resource management responsibilities to

local authorities. This conforms to an international trend towards decentralisation of
development and resource management (e.g. EA and IWRM) and it is in line with
government’s decentralisation policy. Resource responsibilities include:

58
 • District Council: e.g. Tribal Land, waste management, water supply in small
villages settlement policy, RADP, tourism concessions, district development
through DDC and District Development Plans;
• Land Board: Tribal land allocation and use, CBNRM, ranches, management
plans for parks.

Decentralisation poses new challenges in terms of the capacity of local authorities and
the interaction with central government (district administration and headquarters of
Ministries). It is expected that such constraints will be gradually resolved. Forums like
DLUPU and TAC are good efforts to bring together key stakeholders around key topics
such as land use and CBNRM. There may be scope for additional forums dealing with
water issues at district level.

5.4.3 Coordination between policies and different stakeholders

Most policies are sectoral or resource oriented, and they are implemented by different
institutions, raising considerable coordination challenges. Some policies are more
integrated and comprehensive, and should be used as vehicles for integration and
coordination. For ODMP, these are:

• Revised Rural Development Strategy;

• NCSA White Paper on Conservation and Development;
• Settlement Policy; and
• Wetlands policy.

There is inadequate coordination between rural development and resource-

environmental policies. The divide between environmental and development policies is
not sufficiently bridged. A greater role for the Revised Rural Development Policy and
community-based approaches towards resource conservation and use are needed. The
NAPCD could be strengthened and modified by including activities for the Okavango
delta.

Some policies and Acts are old, and were approved prior to international policies and
conventions. Examples include the Forestry policy and act, the Herbage Preservation
Act and the Agricultural Resources Conservation Act. It is important that national policies
are regularly up-dated and include international commitments. International policies can
also be used to accelerate policy development and implementation (e.g. forestry).

5.4.4 Policy, sectoral and resource conflicts

Conflicts arise between policies and legislation, sectors and institutions. The policy
conflicts may be inherent in policies or occur during their implementation. There are
many reasons for conflicts, including conflicting policies, inadequate coordination
between policies, diverging interests of stakeholders, differences between policy design
and their implementation.

Sectoral conflicts

59
In the delta, sectoral conflicts have arisen between fisheries and tourism, subsistence
use and tourism, wildlife and livestock, wildlife and arable production and wildlife and
people, hunting and photo safaris. In future, conflicts could arise between mining and
other sectors (e.g. tourism and agriculture). Conflicts have also arisen between
subsistence and commercial uses.

Policy conflicts
The conflicts are rooted in unclear policies, particularly with respect to coverage and
nature of resource rights (e.g. TCA and TGLP farms), and permitting single or multiple
uses in an area. The following terms are used in legislation and policies:
• Flora: firewood, forest produce, veld products, agricultural resources and natural
resources;
• Fauna: agricultural resources, livestock, stock, animal, domestic animal,
domesticated birds, domesticated ostrich, wild ostrich, game animal, non-
designated animal, natural resources.

The popular term 'veld products' is only used once (in Parks and Reserve regulations)
and range resources are not defined at all.

Resource rights may refer to ownership, development rights and/or user rights. This
difference is not always understood by the right holders and other stakeholders. In
Botswana, the State usually owns the resource and issues user and/or development
rights for specific resources. It is then often unclear who has rights over the other
resources in the area, and what the nature of such rights is.

Policy conflicts further arise from divergence between regional and international
conventions on the one hand and national policies and legislation on the other hand.
This is currently most visible with respect to old policies and legislation, which have not
incorporated recent SADC or global conventions and frameworks.

Institutions
Conflicts can arise between central and local government regarding implementation of
policies (e.g. waste management, pollution control). Furthermore, conflicts may arise
between new and existing institutions. The creation of the Botswana Tourism Board
should be accompanied by redefining the role of the Department of Tourism to create
role clarity for other stakeholders and to avoid overlap and competition between both
institutions.

5.4.5 Environmental perspective

Policies are based on different environmental perspectives. We distinguish integrated

and sectoral environmental perspectives. The ecosystems approach, sustainable
development and IWRM are considered integrated environmental perspectives;
environmental mitigation (e.g. EIA) and resource preservation (protected areas) are
considered sectoral perspectives.

Sustainable development is the most commonly used integrated perspective. It has the
broadest support base in Botswana, as the Vision 2016 and development planning
process are both based on it. A few policies refer explicitly to the EA: CBNRM, wetlands

60
and BSAP. Integrated environmental perspectives are rarely explicitly mentioned in
legislation.

The integrated perspective partly permeates into sectoral and resource policies.
Examples include EIA, community zones and People and Park Strategy in Protected
Areas, and some of the agricultural policies. Optimal resource allocation is, however,
often lost in sectoral policies, especially agriculture. Tourism and Wildlife utilisation
policies are more recent and consider their comparative advantage vis-à-vis agriculture.

5.4.6 Ecosystem integrity, resources as economic goods and environmental

externalities

Few national and international policies and Acts explicitly aim to maintain ecosystem
integrity. The few ones include the protected area policy, wetlands policy and
UNCBD/BSAP.

Most development and sectoral policies consider natural resources as economic goods,
but only partially and implicitly. The Tribal Land Act is an example of treating land
primarily as a social and livelihood good, and gives insufficient attention to land as an
economic good. The delta is a prime example of the importance of natural resources for
rural development.

Few national policies (e.g. TGLP and NSP) consider environmental externalities but
these should be identified by EIAs. This also applies to international policies.

A few policy statements refer explicitly to the delta:

• Large-scale irrigation is not desirable in the delta given the adverse

environmental impacts (NAMPAADD);
• The tourism potential of the delta must be developed and used to generate more
local benefits (Vision 2016);
• The delta area is not suitable for commercial dryland farming (NAMPAADD)
• Ngamiland should be considered for livestock ranching given its vastness
(TGLP) 3 .
• The District Settlement Plan (DSP) recognises the delta proper as a separate
planning zone given its special environmental features.

5.4.7 Promoting sustainable resource use

Sustainable resource use is a general term, which is now used in most national and
international policies. However, some of the older policies do not have the term in place
(e.g. RADP and NAMPAADD).

The term sustainable use is used rather loosely and seemingly at par with terms such as
prudent and wise use (e.g. Ramsar). The protocol on shared water uses the term fair

3
Barnes et al (2001) find that livestock ranching is probably uneconomic in Ngamiland because of the large distance to
the market.

61
and equitable use of the resource benefits, taking into account ecological water
requirements. This brings out the social aspects of resource use.

The challenge that lies ahead is operationalising the term sustainable resource use
through indicators and supporting data. It requires information about the available
stocks, use levels and regeneration. Indicators based on the SD concept could be that
the yields are kept below the regeneration level and that pollution is kept below the
natural absorption capacity. The wildlife quotas are in principle determined in that way.

5.4.8 Use of instruments

Given the policies, a wide range of instruments are available to manage and use the
delta’s resources. Instruments strongly rely on planning, regulations/ licenses and in
some cases user charges. The use and management of the delta’s resources occurs
through the following package of instruments:

• Land use and settlement planning; different settlement zones, different land use
zones and possibilities of declaration of Forest Reserves (Forest Act),
designated grazing areas (Tribal Land Act), wildlife management areas (Wildlife
conservation policy), arable areas and ecologically sensitive areas (NSP)
• Allocation of resource rights, mostly user and development rights: tourism
concession areas, licenses/ fees for most resource uses. Sustainable resource
use is pursued through the level of the annual quota, which is in principle based
on the resource stock;
• Orders, regulations and bans: stock and conservation orders, ban on fires in
communal areas, ban on imports of aquatic weeds, controls of livestock
movement.
• Restrictions to activities: e.g. ceiling on livestock number per person in
communal areas.

Some of the instruments are not used (e.g. orders and stock ceilings); for others it is
unclear whether they are set according to the principles of sustainable resource
utilisation (e.g. wildlife quota). User charges vary greatly and are not based on the same
principles, leaving room for sub optimal resource allocation; most are set by central
government and/or need to be approved by the relevant Minister. User charges for TCAs
are determined through tendering. This procedure is not used for other resource use
rights. The instruments are not all fully rooted in the principles of the polluter-pays-
principle, the user-pays-principle and the precautionary principle. Recent policies
emphasise the need to enhance economic instruments, and make users pay for
resources, especially commercial users.

Few bye-laws seem to be made by the District Council regarding resource use and
conservation. The potential of by-laws for resource management appears under-utilised.

Some policies have no ‘own’ instruments, and these tend to suffer from slow
implementation, as they depend on the ‘goodwill’ of other institutions (e.g. rural
development, wetlands and NAPCD).

62
There is no attempt to ring fence resource revenues. Revenues from resource charges
accrue to central government (MFDP) Land Board (land rentals) or the District Council
(general revenues). Charges are more appreciated (and possibly easier collected) if they
are destined for use in the same sector or for general environmental management.

International policies contain additional instruments, mostly aimed at harmonisation of

national policies. These include joint water quality standards, trans-frontier resource
management (e.g. wildlife, forests and fisheries) and forest plans and assessments

5.4.9 Role of research and indigenous knowledge

It is widely accepted that research and indigenous knowledge should inform policy
formulation and implementation. The potential of research and indigenous knowledge is
not sufficiently exploited at the moment.

Most policies refer to the need to monitor results. Some are rooted in baseline
assessment (range ecological assessment) or regular resource assessments (e.g.
wildlife counts) and few mention specific research tasks (e.g. wetlands and Ramsar,
rangeland assessments for ranching). Some research efforts and programmes seem to
have lost momentum (e.g. BRIMP and ranch monitoring). Policies in some areas seem
to be informed by old research, and do not examine the policy implications of recent
research (e.g. livestock ranches and Herbage Preservation Act).

Indigenous knowledge is often used in association with community participation and

CBNRM.

The Vision 2016 observes the need for more research in the delta carried out by local
institutions such as HOORC.

Examples of research gaps include studies of comparative advantages and optimal

resource use, studies into the importance of livestock mobility in communal settings,
study into the role of fires (positive and negative impacts).

5.4.10 Gender and youth issues

Gender and youth issues are rarely mentioned in policies. Recent SADC protocols seem
to mention gender systematically. The Revised Rural Development Policy also mentions
gender and youth concerns. Youth and gender issues need to be mainstreamed in
ODMP and policy implementation.

5.4.11 Concluding remarks

There is a substantial body of national and international policies and legislation that can
be used to improve the conservation and use of the delta’s resources. Because of their
importance for the delta and/or their integrated environmental perspective, key
documents for ODMP are:

63
 • National policies: Vision 2016 and NDPs; wetland policy and BSAP; wildlife and
tourism policies; revised Rural Development Policy
• International policies: Ramsar, SADC water and Forestry Protocols and
opportunities for Tran-frontier management, NAPCD.

Policy gaps/ inadequacies exist for the conservation and use of veld products and range
resources, including firewood, and for soil and water pollution. Several instruments have
not yet been used: Forest Reserves and several order and regulation. Some policies
and acts may be merged or better synchronized (e.g. agricultural resource conservation
act and forest act and aligned with the draft CBNRM policy).

In terms of institutions, the DC and LB are the major players at local government. Much
of the implementation is, however, still done through central government. The role of the
private sector is hardly spelt and seems very limited. The role of communities is
increasing through the CBNRM approach.

5.5 Recommendations

5.5.1 Institutions and organisations

The District Council and Land Board should be major agencies for the implementation of
ODMP. Therefore, locate ODMP implementation agency inside DC (or LB). The
coordinating roles of DLUPU (land and settlements) and TAC (wildlife and CBNRM)
need to be emphasised. In future, a district water planning unit may be required in
recognition of the key role of water resources. There is need for greater involvement of
private sector and communities in policy formulation and implementation. Communities
and the private sector should participate in the implementation of ODMP.

It is recommended that signing of regional and global conventions is routinely

accompanied by up-dating or overhauling the relevant national legislation.

It is further recommended that the responsibilities and duties of the new Botswana
Tourism Board and the Department of Tourism are clarified to avoid confusion and
conflicts; a merger between both needs to be considered.

5.5.2 Resource planning

In line with existing laws and policies, the following zones need to be identified and
protected accordingly: fertile arable land, environmentally sensitive areas, grazing areas
and Forest Reserves. Land use zones should be based on comparative advantages and
encourage where possible multiple, complementary resource uses (e.g. Forest Reserve
and photographic tourism). Settlements and villages inside sensitive areas, presumably
mostly the delta, should be discouraged. Wastewater (Maun, Gumare and in future
Shakawe) must be treated as an economic resource that could be used for irrigation, fish
farming or other productive purposes.

64
5.5.3 Resource rights

The number of resources distinguished in Acts and policies need to be reduced and
there is need for harmonisation and structuring. The term ‘agricultural resource’ should
be dropped. The terms veld products and/or range resources as well as open woodlands
and/or savannas need to be defined.

The resource rights need to be clearly spelled out to recipients in terms of:
• Ownership, use or development rights;
• Which resources are covered and exclusivity (or not) of rights;
• Which other resource rights are permitted in the same area and which ones are
not?
• Technical details such as transferability, duration etc.

If national laws do not provide the required details, the DC can make byelaws or the LB
can include it in the lease requirements. There is need to educate right holders and other
stakeholders about the nature of such rights to reduce conflicts (e.g. PR campaign).

5.5.4 Policies

ODMP should be firmly rooted in key development and environmental policies that adopt
an integrated environmental perspective:
• National policies: Vision 2016 and NDPs; wetland policy and BSAP; wildlife and
tourism policies; revised Rural Development Policy
• International policies: Ramsar, SADC water and Forestry Protocols and
opportunities for transfrontier management, NAPCD.

ODMP needs to establish closer links between environmental and developmental

policies. Improving livelihoods and rural development need to go hand-in-hand with
resource conservation and utilisation. The delta needs to be declared a sensitive area,
for which all policies and projects are subject to EIAs/ SEAs, unless the director of DEA
rules otherwise. ODMP implementation should be based on several environmental policy
principles: precautionary principle (e.g. no large scale irrigation given the environmental
risks), user-pays-principle (esp. for commercial activities) and polluter-pays-principle.
Labour-based social welfare projects could be used to encourage environmental
rehabilitation and CBNRM support (e.g. working for water, wood etc.). Resource
revenues from resource charges need to be accounted for in a transparent manner, and
preferably they should be re-invested in the sector’s further development (e.g. tourism,
wildlife, CBNRM).

It is important that operational indicators are developed for the assessment of

sustainable use/ yields or of resource use ceilings.

Byelaws need to be developed and existing resource management instruments be used

to promote sustainable resource management and CBNRM. Citizen hunting needs to be
abolished in the Ramsar site and the quota need to be transferred to communities or
commercial operators, Tribal land needs to be viewed as an economically productive
and social good instead as a primarily a social good, for example by introducing market
forces in their allocation and use. A policy needs to be developed to manage and

65
sustainably use flora resources in communal areas, which currently suffer from open
access (e.g. through broadening of CBNRM).

There is need for policy harmonisation and rationalisation in the areas of:

• Agricultural Resources Conservation Act, the Forest Act and the herbage
Preservation Act; The Acts could be merged into a range resources or Veld
products Policy and Act. It would imply that the ARB will be abolished and the
existing Acts would be repealed.
• The Tribal Land Act and the Town and Country Planning Act. The latter needs to
concentrate on peri-urban areas and land developments around large villages
through the declaration of planning areas. The authorities of the TCPB and the
LBs need to be clearly delineated to avoid overlap and conflicts;
• Pollution control policies and legislation to ensure full coverage of all forms of
pollution in an integrated and efficient manner (e.g. water pollution, air pollution,
waste, hazardous material, noise);

5.5.5 Resource monitoring and research

Monitoring and research aim to support policy formulation, implementation and

performance. The resource stocks and sustainable harvest levels need to be assessed
and regularly up-dated. Moreover, it is important to assess the comparative advantages
of different economic sectors, esp. tourism and wildlife compared to agriculture.

Much is still unknown or uncertain about the dynamics of delta (e.g. causes of changes
in water flows and tilting of the delta). The ODMP data base and follow up research
should generate the missing information. In the absence of conclusive data, the
precautionary principle should be invoked.

5.5.6 Support for CBNRM

The community benefits from Parks should be increased through Community zones,
collection of veld products and firewood and Park and People strategy. Moreover, the
skills and capacity of CBOs need to be enhanced through long term assistance and
promoting joint ventures. Support could be linked to RADP, ADP, RRDP and the
CBNRM policy.

5.5.7 Sectoral development

With respect to dryland arable farming, continued support needs to be offered to

subsistence farmers. It needs to be acknowledged that the area’s potential for
commercial dryland farming is extremely limited, and therefore this sector should not be
encouraged in the area. Molapo farming could be encouraged in the relevant areas
based on the better soils and soil moisture conditions. There is need to increase its
yields.

With respect to livestock production, the viability of livestock ranching is doubtful given
present market conditions. Switching towards game farming could benefit the tourism

66
sector. Cattle post farming and village area farming: can be encouraged but away from
the delta and WMAs.

With respect to tourism, diversification and further development need to be promoted

subject to sustainable resource use. CBNRM needs to be integral part in tourism
development and diversification, and is an important means of achieving a fairer
distribution of the sector.

67
REFERENCES

Agricultural Resources Conservation Act. [CAP. 35:06

Bamako Convention, 1991

Basel Convention on the Control of Transboundary Movements of Hazardous

Wastes and their Disposal (1989)

Boreholes Act, 1956. CHAPTER 34:02

Botswana National Settlement Policy, 1998. Government Paper NO.2 OF 1998.

Botswana Government Printer, Gaborone.

Botswana Wetlands Policy and Strategy, 1998. Government printer, Gaborone,

Botswana

Control of Livestock Industry Act [CAP. 36:01. Government printer, Gaborone,

Botswana

Convention on International Trade in Endangered Species of Wild Fauna and Flora

(CITES),1975.

Draft Botswana’s Policy for Waste Water/Sanitation Management, 1999.

Draft Community Based Natural Resources Management Policy, 2003. Ministry of

Environment, Wildlife and Tourism.

Environmental Impact Assessment Act, 2005. Ministry of Environment Wildlife

Botswana Government Printer, Gaborone.

Fish protection Act, 1975. CHAPTER 38:05. Botswana Government Printer,

Gaborone.

Forest (Amendment) Act, 2005. Act NO. 8 OF 2005. Botswana Government Printer,
Gaborone.

Game Ranching Policy for Botswana. Government paper NO.5 OF 2002. Ministry of
Trade, Industry, wildlife and tourism. Government printer, Gaborone, Botswana

Herbage Preservation (Prevention of Fires), 1977. Act NO. 37 OF 1977. Botswana

Government Printer, Gaborone.

Local Government (DISTRICT COUNCILS) Act. CHAPTER 40:01. Botswana

Government Printer, Gaborone.

National Master Plan for Arable Agriculture and Dairy Development, 2002.
Government White paper NO.1 OF 2002. Ministry of Agriculture. Botswana
Government Printer, Gaborone.

68
National Parks and Game Reserves Regulations, 2000. Botswana Government
Printer, Gaborone.

National Policy on Agricultural Development, 1991. Government paper NO.1 OF

1991. Government Printer, Gaborone, Botswana

National Policy on Land Tenure, 1985. Government Paper NO.1 OF 1985. Botswana
Government Printer, Gaborone.

National Policy on Natural Resources Conservation and Development, 1990.

Government paper NO.1 OF 1990. Botswana Government Printer, Gaborone.

National Policy on Tribal Grazing Land, 1975. Government paper NO.2 OF 1975.
Botswana Government Printer, Gaborone.

Ostrich Management Plan Policy, 1994. Government paper NO.1 OF 1994.

Botswana Government Printer, Gaborone.

Privatisation Policy for Botswana, 2000. Government paper NO.1 OF 2000. Ministry
of Finance and Development Planning. Botswana Government Printers, Gaborone.

Ramsar Bureau, 1971. Convention on Wetlands of International Importance (Ramsar

Convention).

Revised National Policy for Rural Development, 2002. Government paper NO.3 OF
2002. Ministry of Finance and Development Planning. Botswana Government
Printer, Gaborone.

Southern African Development Community, 2000. The Revised SADC Protocol on

Shared Water Courses.

Southern African Development Community, 2002. SADC Protocol on Development

of Tourism.

Southern African Development Community, 2002. SADC Protocol on Energy.

Southern African Development Community, 2003. SADC Protocol on Fisheries.

Southern African Development Community, 1997. SADC Protocol on Mining

Southern African Development Community, 1999. SADC Protocol on wildlife

conservation and Law Enforcement

Southern African Development Community SADC Regional Water Policy

The Agreement on the establishment of a permanent Okavango River Basin Water

Commission (OKACOM), 1994.

Tourism Policy, 1990. Government paper NO.2 OF 1990. Botswana Government

Printer, Gaborone.

69
Tribal Land (Amendment) Act, 1993. Act NO.14 OF 1993. Botswana Government
Printer, Gaborone.

Tribal Land Act, 1970. CHAPTER 32:02. Botswana Government Printer, Gaborone.

United Nations, 1993. United Nations Convention on Biological Diversity (UNCBD).

United Nations, 1997. United Nations Convention on the Law of Non-navigational

Use of International Watercourses

United Nations, 1996. United Nations Convention to Combat Desertification

(UNCCD).

United Nations, 1992. United Nations Framework Convention on Climate Change

(UNFCCC).

Waste Management Act, 1998. Act NO. 15 OF 1998. Government Printer, Gaborone,
Botswana.

Water Act, 1968. Government printer, Gaborone, Botswana

Wildlife conservation (Hunting and licensing regulations, 2001

Wildlife Conservation and National Parks Act, 1992. Act NO. 28 of 1992.
Government Printers, Gaborone Botswana.

Wildlife Conservation Policy, 1986. A paper on the utilisation of the wildlife resource
of Botswana on a sustainable basis. Government paper NO.1 OF 1986. Government
Printer, Gaborone, Botswana.

70
Appendix 1: Definition and terminology

Wetland policy “Wetlands” are defined in the policy as “areas of marsh, fen, peatland or water, whether
natural or artificial, permanent or temporary, with water that is static or flowing, fresh,
brackish or salt”
CBNRM policy 2003 natural resources” refers to non-domesticated forest/timber resources, veld
products/wild flora, fisheries and wildlife/game.
“community” refers to any diverse group of people with varied socio-economic interests
and capabilities sharing an interest in conservation and living within a legally defined
geographic area.
Wildlife regulation Veld products” means non-domesticated, vegetative biological resources that may be
2000 used for construction, medical, food and cultural activities.
“Firewood” means wood which is both dead and fallen and which can be removed
without the use of tools.
“Director” means the director of DWNP
“Problem animal control” means an activity undertaken to deter, capture or lethally
remove game animals whose behavior is causing or threatening to cause harm to people
or damage to property.
Ostrich Management Ostrich farm: adequately fenced property that houses adult breeding birds which
Plan produce eggs and chicks which are used for commercial means. Basic products; eggs
and chicks;
Ostrich ranch: an adequately fenced property on which eggs and chicks collected from
the wild are raised for commercial means. Basic product is meat.
Wild ostrich: collected from the wild as an egg, chick or adult (DWNP’s responsibility);
Domesticated ostrich: produced from an egg that has been laid by parent held in
captivity and subjected to routine management and veterinary care (MoA’s responsibility).

Rural development Rural development “modernisation process that aims at raising the living standards of
policy the rural communities as well as enhancing a variety of social welfare services geared
towards self reliance and sustainable development”.
NSP “settlement” as a place for human habitation with at least three households. The
minimum population of any settled area to be recognised as a settlement is 15 people.
There are five settlement types in Botswana: seasonally changing settlements (remote
area dwellers, lands and cattle posts in tribal land); farmstead settlements (found in
freehold farms); dispersed homestead settlements (permanent residential, pastoral and
arable occupations in tribal land); villages (traditional settlements with minimum of 500
people on tribal land) and townships/towns (settlements of varying sizes established on
state or free hold land and declared townships under the Townships Act)

For a village to attain urban status, it should have a minimum of 5000 people and at least
75% of its labour force engaged in non-agricultural employment.

Tribal Land Act Development in respect of the grant of an area of tribal land means to introduce or carry
out works or improvements in accordance with the purpose for which the grant was
made, and “development” shall be construed accordingly.

TCPA Development means the carrying out of building, engineering, mining or other operations
in, on, over, or under any land or the making of any material change in the use of any
buildings or other land.

EIA Act “Activity” includes a project, programme or policy

“Developer” means an applicant authorised to undertake an activity
“Environmental impact” means any positive or negative effects caused by an activity on
the environment
“Environmental impact assessment” means the process and procedure for evaluating and
predicting the likely environmental impact of a proposed activity
“strategic environmental assessment” a process for evaluating the environmental
consequences of a proposed policy, plan, or programme initiatives in order to ensure that
they are fully included and appropriately addressed at the earliest stage of decision
making, on par with economic and social considerations.

Disease Act “Animal” refers to all domestic livestock and tamed birds and any wild carnivore tamed
and kept as a pet.

71
 “Disease” means anthrax, brucellosis, dourine, east coast fever, epizootic
lymphangletla, foot and mouth disease, glanders and farcy, mange and equines,
contagious bovine pleuro pneumonia, African swine fever, rabies, rinderpest, sheep pox
and sheep scab, tuberculosis, African horse sickness, ulcerative lymphangitis, lumpy skin
disease, Newcastle diseases, blue tongue, psittacosis, rift valley fever, trypanomiasis and
any other disease of animals prescribed as a disease for the purpose of the Act:

“Fence” means any fence declared by the minister to be a fence for the purposes of
disease control, and means a substantially large stock proof fence with gates at places
where it crosses a public or a private road and with suitable appliances where it crosses
any obstacle.
“Director” means the director of veterinary services and his deputy or any veterinary
officer authorized by the Director.

UNCCD Desertification” means land degradation in arid, semi-arid and dry sub-humid areas
resulting from various factors, including climatic variations and human activities

“Combating desertification’ includes activities which are part of integrated development

of land in arid, semi-arid and dry sub-humid areas for sustainable development which are
aimed at :
i) prevention and/or reduction of land degradation
ii) rehabilitation of partly degraded land: and
iii) reclamation of desertified land;

“drought”, “mitigating the effects of drought”, “land”, “land degradation” etc are
specifically mentioned and defined by Article 1 of the Convention.
UNCBD “Biological diversity” means the variability among living organisms from all sources
including, inter alia, terrestrial, marine and other aquatic ecosystems and the ecological
complexes of which they are part: this includes diversity within species, between species
and of ecosystems.
“Biological resources” includes genetic resources, organisms or parts thereof,
populations, or any other biotic component of ecosystems with actual or potential use or
value for humanity
“Sustainable use” means the use of components of biological diversity in a way and at a
rate that does not lead to the long term decline of biological diversity, thereby maintaining
it’s potential to meet the needs and aspirations of present and future generations.
SADC protocol on "community-based forest management" means the management of forest resources
forestry by one or more local communities on the basis of a right to manage or to receive benefits
from those forests;
"Conservation" means the protection, maintenance, rehabilitation, restoration and
enhancement of forests and efforts to ensure that the use thereof is sustainable;
"Forest" means any ecosystem containing trees and which is so defined by national
policy or legislation and includes the concepts of 'forest land', 'forest product', 'forest
resource' and 'forest genetic resource'
"local community" means a coherent, social group of persons with interests or rights
related to forests or forest resources, in a particular area, which the persons hold or
exercise communally in terms of an agreement, custom or law;

SADC Shared Shared water courses are systems of surface and ground water flowing into a
watercourses common point and passing or bordering two or more SADC countries.

72
 Appendix 2: Settlement sizes in Ngamiland district in 2001

Classification Frequency of settlements Percentage

<249 478 87
250-999 61 11
1000-4999 10 2
5000-9999 1 0.2
Above 10000 1 0.2
Total 551 100
Source: Ngamiland District settlement strategy, 2003

Appendix 3: Planning zones of Ngamiland district

In pursuit of a coherent spatial planning of the district, the district has been divided into
planning zones as reflected in the table below.

Planning zone name Zone No Area Km2 % of total Major settlements

district area
*Okavango 1 5750 5.3 Shakawe, Seronga, Sepopa
*Ngami west 2 4650 4.3 Gumare, Etsha 6, Nokaneng
Ngami 3 8259 7.6 Sehitwa, Toteng, Tsau
Maun 4 5550 5.1 Maun, Matlapana, Shorobe,
Makalamabedi
Hainaveld 5 6950 6.4 Somelo
*Western communal 6 32740 30 Nxauxau, Qangwa, Xaixai
statelands 7 22635 20.7 Phuduhudu
delta 8 17640 16.2 Sankuyo, Mababe
Phuduhudu communal 65 0.1 Phuduhudu
area
Investigation area 4900 4.5
Total 109130 100
Source: Ngamiland district strategy 2003 *Okavango sub-district

Appendix 4: Settlement Hierarchy in the district

Based on the NSP’s settlement hierarchy, the table below summarises Ngamiland
district hierarchy in 2003.

Settlement population Total number List of settlements

level of settlements
Primary 20000+ 1 Maun
Secondary 10000 – 19999 1 *Gumare
Tertiary I 5000 – 9999
Tertiary II 1000 – 4999 10 Sehitwa, Tsau, Matlapana, Seronga, Xakao, Sepopa,
Nxamasere, Shakawe, Nokaneng, Etsha 13
Tertiary III 500 – 999 17 Boro, Shorobe, Gunitsoga, Ngarange, Sekondomboro,
Beetsha, Eretsha, Gudigwa, Kauxwi, Mohembo,Ikoga,
Samuchima, Roye, Mohembo, Etsha1, Etsha 8, Shauwe
Tertiary IV 250 - 499 45 Nxaraga, Samedupi,Mawani, Chanoga, Tsanekona,
xhobe, Makalamabedi, Chuchubega, Sexaxa, Matsaudi,
Sankuyo, Khwaii, Toteng, Haka, Somela, Thololamoro,
Bodibeng, Patlhama, Phirieatsena, Botlhatlogoo, Habu,
Phuduhudu, Xhau, Matswee, Tobere lands, Gowe,
Kapotora lands, Moaha, Kajaja, 1, Okhutse, Khauga, gain,
Chukumuchu, Boajankwe, Nxwee, Tubu, Katalangoti,
Xurube, Xaxa, Etsha 4, Etsha 9, Etsha 10, Qangwa,
Nxauxau
* Gumare’s status as a secondary centre based on its administrative function as a sub-district headquarters and not on
meeting the population threshold.

73