Attachment_4,_Initial_Environmental_Examination.pdf

FACESHEET

INITIAL ENVIRONMENTAL EXAMINATION

Activity/Project Title: DO1: Environment, Natural Resources and Climate Change Management Program

Solicitation #:TBD

Contract/Award Number (if known): TBD

Geographic Location : Southern Africa Development Community member countries (Angola, Botswana, Lesotho, Madagascar, Malawi, Mauritius, Mozambique, Namibia, Seychelles, South Africa, Swaziland, Zambia and Zimbabwe)

Originating Bureau: USAID/Southern Africa

Supplemental IEE: ☐Yes ☒ No

Amendment: ☐Yes ☒ No

Programmatic IEE: ☒Yes ☐ No

DCN and date of Original document:

DCN and ECD link(s) of Amendment(s):

Amendment No.:

Initial Funding Amount: $15,500,000 Life of Project Amount: $125,000,000.00

Implementation Start/End: FY16–FY21

Prepared By: Kathleen Hurley, Michael Minkoff, Ashley Fox (The Cadmus Group, Inc.)

Date Submitted: September 07, 2015

Submitted by: Kerry Reeves, USAid/Southern Africa.

Regional Environment Education and Democracy (REED) office

Expiration Date: September 30, 2021 Reporting due dates (if any): Quarterly

Environmental Media and/or Human Health Potentially Impacted (check all that apply):

None ☐ Air ☒ W ater ☒ Land ☒ Biodiversity ☒ Hum an Health☒ O ther☐

Recommended Threshold Determination (check all that apply):

☒ Negative Determination ☒ with conditions

☒ Categorical Exclusion

☐ Positive Determination

☒ Deferral [small-scale infrastr. in sensitive areas; scaling CC adaption pilots; large-scale irrigation, Watsan infrastr., Aquaculture.

☐ Exemption

☐ USG Domestic NEPA action

Additional Elements ☒ Conditions ☒ EMMP ☒ AFR ERF/ERR subproject/subgrant ☒ WQAP

☐ Pesticides (n/a) ☒ DCA, ☒ GDA PPP financial instruments

Climate Change:

☐ GCC/Adaption ☐ GCC/Mitigation ☐ Climate Change Vulnerability Analysis (included)

Adaptation/Mitigation Measures: n/a

DO1 will require CRM & Climate Resilient Development analysis, and amendment of this IEE in FY 2017

Attachment 4

DO1: Environment, Natural Resources and Climate Change Management Program IEE — August 2016 — pg 2

SUMMARY

Program/Project Description and Scope of IEE The purpose of this document, in accordance with Title 22, Code of Federal Regulations, Part 216 (22 CFR 216), is to provide a preliminary review of the reasonably foreseeable effects on the environment of the activities under the Environment, Natural Resources and Climate Change Management Program, and on this basis, to recommend determinations and, as appropriate, attendant conditions, for these activities. Upon final approval of this IEE, these recommended determinations are affirmed as 22 CFR 216 Threshold Decisions and Categorical Exclusions, and conditions become mandatory elements of project/program implementation.

Implemented by the Regional Environment Education and Democracy (REED) office, the Environment, Natural Resources and Climate Change Management Program contributes to USAID/Southern Africa’s RDCS Development Objective (DO) 1, “Increased Sustainable Economic Growth in Targeted Areas” by enhancing biodiversity conservation, strengthening resiliency to climate change, improving access to water supply, sanitation and hygiene, and improving the enabling environment for environmental sustainability.

Recommended Determinations. The following table summarizes the determinations recommended by this IEE by intervention category. For each category, a link is provided to the entailed activity descriptions, analysis of potential environmental impacts, and activity-by-activity determinations and conditions within section 3 of the IEE.

Upon approval of this IEE, these recommendations become affirmed Categorical Exclusions and Threshold Decisions, and implementation of recommended conditions becomes mandatory.

Intervention Category Categorical Exclusion(s)

Negative Determination(s)

Positive Determination(s)

Deferral of Threshold Decision

Link to full analysis

1. The development, formulation or promotion of policies that affect natural resource management (NRM), biodiversity conservation, climate resilience or local or regional environmental conditions

X X

Click here

2. Research, data collection and information sharing to promote regional economic growth, biodiversity conservation, NRM, climate resilience or local or regional environmental conditions.

X

3A. Technical assistance and capacity building that includes instruction, training or guidance that is formulated to alter NRM practices or change local or regional environmental conditions

DO1: Environment, Natural Resources and Climate Change Management Program IEE — August 2016 — pg 3

3B. Technical assistance and capacity building designed to enhance NRM practices at the local, national, or regional level and promote biodiversity conservation to preserve and improve upon local or regional environmental conditions, excluding infrastructure development (e.g., small-scale construction or road rehabilitation)

Beyond small scale

Click here

3C. Technical assistance and capacity building that includes instruction, training or guidance that is formulated to alter NRM practices, biodiversity conservation, watershed management or change local or regional environmental conditions:

Beyond pilot scale

Click here

3D. Technical assistance and capacity building designed to support adaptation and resilience to climate change and/or enable low-emission economic growth (Low Emissions Development)

Scaling beyond pilots

Click here

4. Technical assistance and Infrastructure development to improve Water, Sanitation and Hygiene (WASH) access and behaviors

>$250K

Click here

5: Infrastructure development to support biodiversity conservation, natural resource management, increased resilience to climate change, watershed and/or fishery management, or low-emissions development.

X

X

Wetlands protected areas

Click here

6. Facilitation, Promotion, and/or Provision of Financing Instruments and Access to Credit

X X Click here

General Implementation & Monitoring Requirements. In addition to the specific conditions enumerated in Section 3, the negative determinations recommended in this IEE are contingent on full implementation of a set of general monitoring and implementation requirements specified in Section 4 of the IEE.

These require, in summary: (1) IP Briefings on Environmental Compliance Responsibilities; (2) Development of environmental mitigation and monitoring plans (EMMPs); (3) Integration and implementation of EMMPs in workplans and budgets; (4) Integration of compliance responsibilities in prime and sub-contracts and grant agreements; (5) Assurance of sub-grantee and sub-contractor capacity

DO1: Environment, Natural Resources and Climate Change Management Program IEE — August 2016 — pg 4 and compliance; (6) REED Team environmental compliance monitoring; (7) 22 CFR 216 documentation coverage for new or modified activities; and (8) compliance with host country requirements.

Any eventual DCA Guaranteed Parties (lenders) will not be subject to preparing EMMPs, but will be monitored during mid-term and end-term evaluations. Entities providing technical assistance to lenders may be able to produce an EMMP.

DO1: Environment, Natural Resources and Climate Change Management Program IEE — August 2016 — pg 6

DO1: Environment, Natural Resources and Climate Change Management Program IEE — August 2016 — pg 7

INITIAL ENVIRONMENTAL EXAMINATION

PROGRAM/ACTIVITY DATA:

Program/Activity Number: TBD

Program/Activity Title: DO1: Environment, Natural Resources and Climate Change Management Program

Country/Region: Southern Africa Development Community member countries (Angola, Botswana, Lesotho, Madagascar, Malawi, Mauritius, Mozambique, Namibia, Seychelles, South Africa, Swaziland, Zambia and Zimbabwe)

USG Foreign Assistance Framework:

Functional Objective:

4.0 Economic Growth and Investing in People

Program Areas:

4.8 Environment

3.1 Health

Program Elements

4.8.1 Biodiversity Conservation

4.8.2 Clean Productive Environment

3.1.8 Water Supply and Sanitation

Period covered: FY16–FY21

Life of Project Amount: $100,000,000.00

DO1: Environment, Natural Resources and Climate Change Management Program IEE — August 2016 — pg 8

TABLE OF CONTENTS

INITIAL ENVIRONMENTAL EXAMINATION

SUMMARY

APPROVAL OF ENVIRONMENTAL ACTION RECOMMENDED: DO1: ENVIRONMENT, NATURAL RESOURCES AND

CLIMATE CHANGE MANAGEMENT PROGRAM IEE

PROGRAM/ACTIVITY DATA:

TABLE OF CONTENTS

1.0 BACKGROUND AND ACTIVITY/PROGRAM DESCRIPTION

1.1 PURPOSE AND SCOPE OF IEE

1.2 BACKGROUND (CONTEXT AND JUSTIFICATION)

1.3 SUMMARY OF ACTIVITIES (AND IMPLEMENTATION MECHANISMS)

2.0 BASELINE INFORMATION AND APPLICABLE HOST COUNTRY REQUIREMENTS (ENVIRONMENTAL PROFILES

AND LAWS OF FOCUS COUNTRIES)

2.1 ANGOLA

2.1.1 Environmental Baseline

2.1.2 Environmental Laws and Regulations

2.2 BOTSWANA

2.2.1 Environmental Baseline

2.2.2 Environmental Laws and Regulations

2.3 LESOTHO

2.3.1 Environmental Baseline

2.3.2 Environmental Laws and Regulations

2.4 MADAGASCAR

2.4.1 Environmental Baseline

2.4.2 Environmental Laws and Regulations

2.5 MALAWI

2.5.1 Environmental Baseline

2.5.2 Environmental Laws and Regulations

2.6 MAURITIUS

2.6.1 Environmental Baseline

2.6.2 Environmental Laws and Regulations

2.7 MOZAMBIQUE

2.7.1 Environmental Baseline

2.7.2 Environmental Laws and Regulations

2.8 NAMIBIA

2.8.1 Environmental Baseline

2.8.2 Environmental Laws and Regulations

2.9 SEYCHELLES

2.9.1 Environmental Baseline

2.9.2 Environmental Laws and Regulations

2.10 SOUTH AFRICA

2.10.1 Environmental Baseline

2.11 SWAZILAND

2.11.1 Environmental Baseline

2.11.2 Environmental Laws and Regulations

2.12 ZAMBIA

DO1: Environment, Natural Resources and Climate Change Management Program IEE — August 2016 — pg 9

2.12.1 Environmental Baseline

2.12.2 Environmental Laws and Regulations

2.13 ZIMBABWE

2.13.1 Environmental Baseline

2.13.2 Environmental Laws and Regulations

3.0 POTENTIAL ENVIRONMENTAL IMPACTS AND RECOMMENDED DETERMINATIONS, INCLUDING CONDITIONS 35

3.1 INTERVENTION CATEGORY 1: THE DEVELOPMENT, FORMULATION OR PROMOTION OF POLICIES THAT AFFECT NATURAL RESOURCE

MANAGEMENT (NRM) OR LOCAL OR REGIONAL ENVIRONMENTAL CONDITIONS

3.2 INTERVENTION CATEGORY 2: RESEARCH, DATA COLLECTION AND INFORMATION SHARING TO PROMOTE REGIONAL ECONOMIC

GROWTH

3.3 INTERVENTION CATEGORY 3A: TECHNICAL ASSISTANCE AND CAPACITY BUILDING THAT INCLUDES INSTRUCTION, TRAINING OR GUIDANCE THAT IS FORMULATED TO ALTER NRM PRACTICES OR CHANGE LOCAL OR REGIONAL ENVIRONMENTAL CONDITIONS

3.4 INTERVENTION CATEGORY 3B: TECHNICAL ASSISTANCE AND CAPACITY BUILDING DESIGNED TO ENHANCE TERRESTRIAL NRM PRACTICES AT THE LOCAL, NATIONAL, OR REGIONAL LEVEL AND PROMOTE BIODIVERSITY CONSERVATION TO PRESERVE AND IMPROVE UPON LOCAL OR REGIONAL ENVIRONMENTAL CONDITIONS, EXCLUDING INFRASTRUCTURE DEVELOPMENT (E.G., SMALL-SCALE

CONSTRUCTION OR ROAD REHABILITATION)

3.5 INTERVENTION CATEGORY 3C: TECHNICAL ASSISTANCE AND CAPACITY BUILDING THAT INCLUDES INSTRUCTION, TRAINING OR GUIDANCE THAT IS FORMULATED TO ALTER NRM PRACTICES OR CHANGE LOCAL OR REGIONAL ENVIRONMENTAL CONDITIONS: FISHERIES

AND WATERSHED MANAGEMENT

3.6 INTERVENTION CATEGORY 3D: TECHNICAL ASSISTANCE AND CAPACITY BUILDING DESIGNED TO SUPPORT ADAPTATION TO CLIMATE CHANGE AND/OR ENABLE LOW-EMISSION ECONOMIC GROWTH (LOW EMISSIONS DEVELOPMENT), EXCLUDING INFRASTRUCTURE

DEVELOPMENT

3.7 INTERVENTION CATEGORY 4: TECHNICAL ASSISTANCE AND INFRASTRUCTURE DEVELOPMENT TO IMPROVE WATER, SANITATION AND

HYGIENE (WASH) ACCESS AND BEHAVIORS

3.8 INTERVENTION CATEGORY 5: INFRASTRUCTURE DEVELOPMENT TO SUPPORT BIODIVERSITY CONSERVATION, NATURAL RESOURCE

MANAGEMENT, WATERSHED AND/OR FISHERY MANAGEMENT, OR LOW-EMISSIONS DEVELOPMENT

3.9 INTERVENTION CATEGORY 6: FACILITATION, PROMOTION AND/OR PROVISION OF FINANCING INSTRUMENTS AND ACCESS TO

CREDIT

A. FACILITATING INVESTMENT AND ACCESS TO CREDIT

B. USE OF FINANCING INSTRUMENTS

4.0 GENERAL IMPLEMENTATION AND MONITORING REQUIREMENTS

DO1: Environment, Natural Resources and Climate Change Management Program IEE — August 2016 — pg 10

1.0 BACKGROUND AND ACTIVITY/PROGRAM DESCRIPTION

1.1 Purpose and Scope of IEE

The purpose of this document, in accordance with Title 22, Code of Federal Regulations, Part 216 (22 CFR 216), is to provide a preliminary review of the reasonably foreseeable effects on the environment of the activities under the Environment, Natural Resources and Climate Change Management Program, and on this basis, to recommend determinations and, as appropriate, attendant conditions, for these activities.

Upon final approval of this IEE, these recommended determinations are affirmed as 22 CFR 216 Threshold Decisions and Categorical Exclusions, and conditions become mandatory elements of project/program implementation.

This IEE is a critical element of a mandatory environmental review and compliance process meant to achieve environmentally sound activity design and implementation.

Implemented by the Regional Environment Education and Democracy (REED) office, the Environment, Natural Resources and Climate Change Management Program contributes to USAID/Southern Africa’s RDCS Development Objective (DO) 1, “Increased Sustainable Economic Growth in Targeted Areas.”

The four intermediate results (IRs) that support this DO are: 1) enhanced biodiversity conservation; 2) strengthened resiliency to climate change; 3) improved access to sustainable water supply, sanitation and hygiene; and 4) improved enabling environment for environmental sustainability. The program also contributes to DO 2 – “increase resilience of people, places, and livelihoods through investments in adaptation” – and USAID’s 2014 Biodiversity Policy and 2013-2018 Water and Development Strategy.

In addition, the program supports four Southern Africa Development Community (SADC) protocols: 1) Wildlife Conservation and Law Enforcement of 1999; 2) Shared Water Resources of 2003; 3) Fisheries of 2001; and 4) Forestry of 2002.1

Activities currently being implemented and analyzed in existing IEEs shall be governed by those applicable conditions; upon expiration of the existing IEEs, the conditions of this IEE shall supersede the previous IEEs. Ongoing activities operating under an approved EMMP may continue operating under that

EMMP.

1.2 Background (Context and Justification)2

Natural resources are extremely valuable to the economic growth of Southern Africa, but unsustainable resource extraction, weak governance and poor management of these resources diminish the region’s potential. SADC countries are concerned with deforestation, biodiversity loss, soil erosion, water quantity and quality and poor sanitation services and urban conditions. These issues are exacerbated by climate change, poverty, high unemployment insecure land tenure, lack of institutional capacity, and a growing population that depends on these natural resources to support their livelihoods. Several of these issues are discussed in further detail below.

1 Regional Environmental Education and Democracy (REED) Environment, Natural Resources and Climate Change Management Program Concept Note 2 Regional Environmental Education and Democracy (REED) Environment, Natural Resources and Climate Change

DO1: Environment, Natural Resources and Climate Change Management Program IEE — August 2016 — pg 11

Biodiversity Conservation and Forestry. Important ecosystems and biodiversity are found in the protected areas that make up 40 percent of SADC countries. However, Southern Africa has had the highest rate of deforestation in all of Africa since 1990 as a result of expanding agriculture, shifting cultivation, unregulated logging, population growth, migration, energy demand and limited institutional capacity.

Wildlife is an important part of the Southern Africa economy through tourism and legal trophy hunting but wildlife is also at risk from invasive species, habitat fragmentation, poaching, human-wildlife conflict and illegal wildlife trade.

Water, Sanitation and Hygiene. Currently, less than 40 percent of the population in the Southern Africa region has access to safe drinking water and improved sanitation. Water stress and water scarcity are a major concern for many of the SADC countries, where it is estimated that 45 percent of the population will be faced with water stress by 2025, leading to increased competition. Climate change is likely to exacerbate this situation (see more directly below).

Climate Change. Climate change is predicted to decrease rainfall in the region by between 5 and 20 percent for major river basins. In general, climate change is likely to have serious impacts in Southern Africa, including increased water stress, increased likelihood of floods, declines in crop productivity, changes in wildlife ranges and migratory routes, increase in wildfires and rising sea-levels. Further, indirect impacts on public health can result, such as expansion of malaria and other disease transmission zones.

Southern Africa is particularly vulnerable to climate change due to limited adaptive capacity. For instance, all major rivers in the region are transnational, requiring regional management and collaboration. The region needs to better integrate natural resource and climate change planning into regional development interventions and decision-making in order to have sustainable, equitable use of these resources.

Soil and Land Management. Most of the population of Southern Africa lives in rural areas and depends on subsistence agriculture. Land is also important for conservation in parks and conservancies. The type of soil and status of land degradation varies from country to country (depending on farming methods and the physical environment), but in general, the majority of soils have low fertility, low organic content and low water retention.

1.3 Summary of Activities (and Implementation Mechanisms)3

The following IRs and illustrative interventions are planned to achieve the program’s goals:

IR 1) Enhanced biodiversity conservation. Activities under this IR are aimed at supporting the integration of biodiversity in key development sectors. This includes combating wildlife trafficking, supporting the joint management of transboundary natural resources and conserving priority ecosystems.

IR 2) Strengthened resiliency to climate change. Activities target increasing the availability of regional climate information through research and analysis, testing and implementing climate-resilient practices and technologies, and building capacity of communities and governance structures to integrate climate chance into planning and respond to climate change risks.

3 Regional Environmental Education and Democracy (REED) Environment, Natural Resources and Climate Change

DO1: Environment, Natural Resources and Climate Change Management Program IEE — August 2016 — pg 12

IR 3) Improved access to sustainable water, supply, sanitation and hygiene (WASH). Activities include increasing access to sustainable water supply and sanitation, improving knowledge of best hygiene behaviors, and strengthening institutional capacity to support WASH.

IR 4) Improved enabling environment for environmental sustainability. Activities will provide technical support and capacity building to civil society, indigenous organizations and governance structures to improve natural resource management, and will facilitate public private partnerships for improved sustainability.

1.4 Intervention Categories for Purposes of Environmental Review

The results framework described above does not organize activities into categories consistent with efficient, transparent environmental review. Many of the activities in the different programs are similar, thus if each program were analyzed separately, it would result in an unnecessarily long and/or repetitive IEE. Thus, activities are grouped to facilitate ease of environmental analysis and review.

Therefore, for purposes of environmental review, this IEE utilizes the following activity (intervention) categories:

1. The development, formulation or promotion of policies that affect natural resource management (NRM) or local or regional environmental conditions

2. Research, data collection and information sharing to promote regional economic growth

3A. Technical assistance and capacity building that includes instruction, training or guidance that is formulated to alter NRM practices or change local or regional environmental conditions

3B. Technical assistance and capacity building designed to enhance terrestrial NRM practices at the local, national, or regional level and promote biodiversity conservation to preserve and improve upon local or regional environmental conditions, excluding infrastructure development (e.g., small-scale construction or road rehabilitation)

3C. Technical assistance and capacity building that includes instruction, training or guidance that is formulated to alter NRM practices or change local or regional environmental conditions:

Fisheries and Watershed Management

3D. Technical assistance and capacity building designed to support adaptation to climate change and/or enable low-emission economic growth (Low Emissions Development)

4. Technical assistance and Infrastructure development to improve Water, Sanitation and Hygiene (WASH) access and behaviors

5. Infrastructure development to support biodiversity conservation, natural resource management, watershed and/or fishery management, or low-emissions development.

6. Facilitation, Promotion and/or Provision of Financing Instruments and Access to credit

Each intervention category has a number of entailed activities; these will be listed, and, where not self-explanatory, explained in Section 3 of the IEE.

DO1: Environment, Natural Resources and Climate Change Management Program IEE — August 2016 — pg 13

2.0 BASELINE INFORMATION AND APPLICABLE HOST COUNTRY

REQUIREMENTS (ENVIRONMENTAL PROFILES AND LAWS OF FOCUS COUNTRIES)

2.1 Angola

2.1.1 Environmental Baseline4

Angola is located on the west coast of Africa between 4° 22’ and 18° 02’ south latitude and 11° 41’ and 24 ° 05’ west longitudes. Angola has a land area of 1,246,700 km2 across 18 provinces. The country is bordered on the north by the Democratic Republic of the Congo and the Republic of Congo, the east by Zambia, the south by Namibia, and the west by the Atlantic Ocean, with a coastline of 1,600 km.

The climate of Angola is strongly influenced by two factors: the South Atlantic high-pressure cell and the cold northward flowing Benguela current. The South Atlantic high-pressure cell limits the southward migration of the inter-tropical convergence zone, while the Benguela current generates a strong temperature inversion along the coast that has a pronounced stabilizing effect on the lower atmosphere.

This preempts the upward movement of cloud-forming moist air along the Namibian and southern portions of the Angolan coastline. The result is a gradient of increasing precipitation from south to north and from west to east

Angola can also be divided into “ecoregions” based on climate, dominant lifeforms and biogeographic affinities of the flora. Miombo is the dominant ecoregion, while Angolan Afro-montane forest, Southern Congolian Forest-Savanna Mosaic, and natural grasslands are the rarest ecoregions. In terms of species diversity, endemism, and deforestation threat, the Afro-montane forest is of particular note, but there are no conservation units whatsoever within this ecoregion. MINAMB (2006b) and Stuart and Adams (1990) make mention of the need to carry out basic biological inventories and landscape assessments of conservation potential in Afro-montane Forest and the S. Congolian Mosaic.

Angola’s management of its hydrographic basins is of utmost importance to neighboring countries, and the entire Southern Africa region, for two primary reasons. First, seven of Angola’s nine major hydrographic basins are transnational. Of these, four originate in Angola (Cunene, Cubango, Cuando, and Cuanhama). Furthermore, the Cunene, Cubango, and Cuando rivers flow into two arid countries, Namibia and Botswana. The Cuanhama system is an enclosed basin that feeds into Namibia’s Etosha pan system, one of the most important wildlife conservation areas in Southern Africa. Second, from a hydrologic viewpoint, the central plateau is critical to the water supply of neighboring countries. The headwaters of three major rivers—Kwanza, Cunene, and Cubango—originate there, with the majority of secondary rivers that make up the coastal drainage systems. The economic well-being of millions of people in the region depends on how these watersheds are managed. This is both an opportunity for collaboration and a potential source of regional conflict.

2.1.2 Environmental Laws and Regulations

In 1993, the National Secretariat for the Environment was established. Over the years, the name of this Ministry has changed several times (previously was called the Ministry of Urbanism and Environment, MINUA), but it is currently known as the Ministry of Environment (MINAMB). MINAMB is the federal ministry responsible for the coordination, development, implementation and enforcement of

4 Excerpt from Angola Biodiversity and Tropical Forests: 118/119 Assessment, February 2013, USDA Forest Service Office of International Programs

DO1: Environment, Natural Resources and Climate Change Management Program IEE — August 2016 — pg 14 environmental policies (e.g., PGNA, ENA), particularly in the areas of biodiversity, environmental technologies, environmental impact assessment, and environmental education and research. In 2012, the Center for Tropical Ecology and Climate Change (CETAC) was established in central Huambo province to develop applied research, ensure environmental quality and better water management, and to study environmental quality in aquatic ecosystems.

The Government of Angola (GoA) has developed some capacity to guide, monitor and evaluate development based activities through environmental review procedures. It has committed itself to developing environmental regulations to control these activities; and the GoA Environmental Framework Law No. 5/98 of June 19, 1998 was the first step in that direction. It requires the development of Environmental Impact Assessment (EIA) reports when proposed development activity might result in significant environmental degradation. It also defines the concepts and basic principles of environmental protection, preservation and conservation, promotion of improved quality of life and a rational use of natural resources. According to that law, all Angolan citizens have the right to live in a healthy environment and to benefit from the country’s natural resources. They are also upheld to help, defend and promote sustainable use of the natural resources.5

Angola’s Decree on Environmental Impact Assessment, No. 51/2004 of July 2004 supports EIA with the goal of improving environmental protection. It provide regulations to supplement the Environmental Framework Law and establishes norms for conducting an EIA, as well as establishes which projects are subject to EIA, what should be included, the extent of public participation, responsibilities, and the monitoring process. Other relevant environmental legislation in Angola covers Fisheries, Biological and Aquatic Resources, Mining, Land use, Water, protected areas, oil, and conservation.6

Angola is party to various regional and international treaties and conventions related to conservation and natural resource management, including the Bamako Convention, the Convention on Biological Diversity, the Stockholm Convention on Persistent Organic Pollutants, the Kyoto Protocol, and SADC Protocol on Shared Fisheries, Forestry, Shared Watercourse Systems, and Wildlife Conservation and Law Enforcement.7

2.2 Botswana

2.2.1 Environmental Baseline

Botswana is a landlocked country in central Southern Africa, sharing borders with South Africa, Namibia, Zambia and Zimbabwe. The country covers 582,000 km2 and is generally flat, at 900 m above sea level.

Eastern Botswana contains hills and deep valleys, and ranges from 500 to 1,500 m while Western Botswana is semi-arid with rocky outcrops. More than 70 percent of the country is covered by the Kalahari Desert. The wet season occurs variably, with frequent periods of severe drought. Rainfall ranges

5 Excerpt from USAID/South Africa SAREP IEE, 2011 6 SADC Environmental Legislation Handbook 2012, Accessed via the internet on 19 November 2014 at:

http://www.saiea.com/dbsa_handbook_update2012/dbsaFrameSet.html; See table 3.1 for a list and description of relevant environmental legislation in Angola 7 Angola Biodiversity and Tropical Forests: 118/119 Assessment, February 2013, USDA Forest Service Office of International Programs http://www.saiea.com/dbsa_handbook_update2012/dbsaFrameSet.html

DO1: Environment, Natural Resources and Climate Change Management Program IEE — August 2016 — pg 15 from 250 mm in the south west to more than 600 mm in the north east. Winters are dry with temperatures reaching as low as seven degrees Celsius, while summer temperatures are around 39 degrees Celsius. 8

Botswana accounts for the lower end of the river basin system where the Okavango delta represents one of the most biodiversity-rich wetland ecosystems in the World with significant social, economic and ecological values. While it is unknown how many rare or threatened species of flora and fauna exist in the Delta, the wetland ecosystem as a whole is a critically endangered environment of international significance. It is understood that the perpetual change of the Delta’s composition is necessary for the maintenance of the biodiversity of the wetland, yet the critical function of the flora and fauna in this process is only beginning to be studied. Current uses of the Delta waters for agricultural, mining, and domestic demands are not necessarily ecologically unsustainable, but water development plans must be carefully appraised and considered. Its protection and conservation is of paramount importance both nationally and internationally, but is strongly dependent on upstream conditions especially in Angola to maintain the desired flows for wetland ecosystem integrity.9

Protected areas in Botswana cover 18 percent of the land area, while an additional 22 percent of the land is designated as Wildlife Management Areas (WMAs), as buffers between protected area and areas of intensive agricultural activities. Approximately 40 percent of the national territory is rich in wildlife however, a number of constraints have inhibited biodiversity conservation in Botswana. For example, the scattered nature of resource management departments and agencies has lead to a lack of harmony in policies and uncoordinated activities.10

2.2.2 Environmental Laws and Regulations

The Botswana Government is a signatory of the Framework Convention on Climate Change, and has ratified several international and regional agreements, among them:

● Convention to Combat Desertification;

● Convention on Biological Diversity;

● Ramsar Convention on Wetlands;

● Convention on International Trade in Endangered Species (CITES);

● Southern African Centre for Ivory Marketing (SACCIM) agreement;

● SADC Protocol on Transport, Communication and Meteorology; and

● OKACOM

The Government of Botswana endeavors to maintain biodiversity by conserving natural habitats and wildlife in protected areas with minimal interference and adaptive management. Outside of the protected areas, the Government encourages the sustainable utilization of wildlife resources to boost the national economy for the benefit of its citizens. For example, the Wildlife Conservation Policy (1986) prescribes the utilization of Botswana’s wildlife resources on a sustainable basis; and the Ostrich Management Policy (1994) provides for joint ventures between communities and the private sector for optimal economic benefits. The National Policy on Agricultural Development (1991) aims at replacing the food self-sufficiency goal with the concept of food security, promoting diversification of agricultural production, and incorporating the element of sustainable food production primarily through improved management of production resources; while the draft Community Based Natural Resource Management

8 Southern African Development Community, Botswana, Accessed via the internet on 19 November 2014 at:

http://www.sadc.int/member-states/botswana/ 9 Excerpt from USAID/South Africa SAREP IEE, 2011 10 Ibid.

http://www.sadc.int/member-states/botswana/

DO1: Environment, Natural Resources and Climate Change Management Program IEE — August 2016 — pg 16

Policy (CBNRM) seeks to foster the creation of incentives for the sustainable use and conservation of natural resources. This approach recognizes that efforts to conserve natural resources can only flourish if poverty is eradicated or kept at a minimum. The Government of Botswana has developed a land use plan to demarcate administrative blocks, and an agricultural improvement policy for the expansion of commercial practices and exploitation of niche markets such as horticulture and dairy farming.

Since its signing of the Convention on Biological Diversity, the Government of Botswana has merged or upgraded several protected areas to national park status. These include the merging of the Nxai Pan and Makgadikgadi Pan National Park, the Moremi Game Reserve with the Chobe National Park, and the Mabuasehube Game Reserve with the Gemsbok National Park. Khutse and the Central Kalahari are the only game reserves left. Area management plans exist at least in draft form for all parks except for the Khutse and Central Kalahari Game Reserves. Nine of the thirteen proposed wildlife management areas have been gazetted. Of these, management plans exist in draft form for seven of nine districts. Communal areas are also included in the district management plans.

The Government of Botswana is committed to ensuring the environmentally sustainable development of the Okavango river basin by, inter alia, its legislation, regulations and policies designed to promote the conservation and sustainable use of its natural resources, and through its National Conservation Strategy.

It has developed the National Water Master Plan (NWMP) to guide the environmentally sound development of that sector through 2020, which includes the provision of adequate and secure livelihoods for those involved in agriculture. It is compulsory for all water development projects to be supported by independent EIA Studies.11

In 2010, Botswana promoted the Environmental Assessment Act, No.10, which would repeal the 2005 EIA Act and addressed gaps identified in the EIA Act, including preparation of the EIA document, a review process for Environmental Impact Statements (EISs), authorization of EISs, post facto EIAs for ongoing projects, and the establishment of a certification board for EIA practitioners. This act is not yet approved by Parliament. The EIA process under the 2005 Act required a preliminary EIA, followed by scoping and an EIA if required. 12

2.3 Lesotho

2.3.1 Environmental Baseline

Lesotho is a land-locked country located in south eastern Southern Africa, and is entirely surrounded by South Africa. It covers an area of 30,355 km2and features high mountains covering 75 percent of the country, and deep valleys. The entire territory is more than 1,000 m above sea level. The climate is continental, with four seasons and temperature extremes. Spring runs from August to October, summer from November through January, autumn from February to April (harvest time) and winter from May to July.

The Lesotho Highlands are home to cliff formations and deep in the Maloti and Drakensberg mountain ranges in southern Lesotho. The Maloti/ Drakensberg, a world heritage site, are home to around 2,500 species of plants. Landmarks in Lesotho include Thabana Ntlenyana, the highest mountain in Southern

11 Excerpt from USAID/South Africa SAREP IEE, 2011 12 SADC Environmental Legislation Handbook 2012, Accessed via the internet on 19 November 2014 at:

http://www.saiea.com/dbsa_handbook_update2012/dbsaFrameSet.html

DO1: Environment, Natural Resources and Climate Change Management Program IEE — August 2016 — pg 17

Africa at 3,483 m, Maletsunyane Falls, one of the tallest single-drop waterfalls in the region at 192 m, and Sehlabe-Thebe National Park.13

Water is Lesotho’s main natural resource, and has become a major export industry. The Lesotho Highlands Water Project consists of large dams and canals, and transports water to South Africa. While the project has been economically successful for Lesotho, negative environmental and social implications include displaced peoples; inundated farmland, pastures and forests; and water flow disruptions affecting fish, amphibians, and other animals in the area.14

2.3.2 Environmental Laws and Regulations

Section 36 of Lesotho’s Constitution states, “Lesotho shall adopt policies designed to protect and enhance the natural and cultural environment of Lesotho for the benefit of both present and future generations and shall endeavor to assure to all its citizens a sound and safe environment adequate for their health and well-being.” Lesotho’s National Environmental Policy of 1998 lays the groundwork for Lesotho’s national development policies, management and conservation of natural resources, and integrating environment and development into decision making. To that extent, section 4.22 provides principles for EIA, including consideration of social, economic, political and cultural conditions in EIAs, as well as environmental mitigation plans for negative environmental threshold determinations.

Sectoral environmental requirements in Lesotho cover water resources, effluent disposal, air, noise, waste, energy, health, aquatic resources, forestry, mining, wildlife, natural resources, agriculture, roads, land, and urban development and waste management. The government also adheres to international environmental agreements including the Convention on the Protection of Fauna and Flora, the Convention on Fishing and Conservation of the Living Resources of the High Seas, the Convention on Climate Change, the Convention on Biological Diversity, and the Montreal Protocol for the protection of the Ozone Layer. Lesotho also adheres to SADC principles from the Policy and Strategy for Environment and Sustainable Development. 15

2.4 Madagascar

2.4.1 Environmental Baseline16

Madagascar, as a result of its isolation from the rest of the world, has unique biodiversity and high rates of endemism: more than 80 percent of its natural flora and fauna are endemic. Madagascar’s unique natural resources are threatened by poverty, demographic pressure, and unproductive agricultural methods. Weak governance associated with corruption and political instability since the military coup in 2009 has led to uncontrolled illegal exploitation of natural resources. The Malagasy population is heavily dependent on natural resources with 75 percent of rural people living on subsistence agriculture and 90 percent using fuel wood for domestic energy.

13 Southern African Development Community, Lesotho, Accessed via the internet on 19 November 2014 at:

http://www.sadc.int/member-states/204/ 14 Lesotho 118/119 Biodiversity and Tropical Forest Assessment, 2007, Biodiversity Analysis and Technical Support Team 15 SADC Environmental Legislation Handbook 2012, Accessed via the internet on 19 November 2014 at:

http://www.saiea.com/dbsa_handbook_update2012/dbsaFrameSet.html 16Excerpt from USAID/Madagascar Health Sector Portfolio IEE, 2013 http://www.sadc.int/member-states/204/

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Madagascar has made an effort to preserve its natural capital by increasing the size of the country's protected area network to approximately 10 percent of the country’s land surface as per the Convention on Biodiversity (CBD) and IUCN standard for protected area coverage. More than six million hectares of protected areas were created with the goal of representing 100 percent of Madagascar’s habitats within the Madagascar Protected Areas System.

As mentioned above, Madagascar is prone to natural disasters such as cyclones, droughts and floods. The country has been subjected to major adverse effects from forest degradation and climate change. The annual deforestation rate for the period 2005-2010 is estimated at 0.4 percent: approximately 36,000 hectares of natural forest were lost each year between 2005 and 2010. The population growth rate is 2.65 percent and Madagascar is in the top 25 countries in terms of population growth. In the last 50 years, population has increased four-fold. This severe deforestation is driven in part by population pressures, which not only decreases forest cover, but also has devastating effects on biodiversity through habitat loss. Agricultural expansion via slash and burn agriculture is one of the primary threats to Madagascar’s forests. In addition, slash and burn agriculture leads to loss in soil fertility, flooding, and drought, thereby reducing agricultural productivity. Addressing rapid population growth and the fundamental economic issues that keep rural people in abject poverty are crucial to addressing environmental protection in Madagascar.

2.4.2 Environmental Laws and Regulations17

The Constitution of the Republic of Madagascar, Article 39, states that “Everyone shall have the duty to respect the environment; the State shall ensure its protection.” The concept of sustainable development underpins all environmental policy and legal documents; three objectives are encompassed in the notion of sustainable development: 1) Maintenance of ecological integrity; 2) Improvement of economic efficiency; 3) Improvement in social equity. Madagascar’s environmental policy is further informed by the National Environmental Action Plan, the Environmental Charter, and the Decree on Compatibility of Investments with the Environment (MECIE). The Ministry of the Environment, Water and Forests is responsible for the EIA process as laid out in the MECIE Decree.

In order to carry out the intent of Article 39, environmental policy, and sustainable development, several institutions and administrative structures are involved, including the following: Ministry of the Environment - Water and Forests; the National Office for the Environment, the Technical Evaluation Committee (an ad hoc committee charged with evaluation of EIA requirements) and mandated inter-sectorial cooperation among ministries to control and monitor the implementation of the EMP.

Several related orders, technical directives, and guidelines support the implementation of the MECIE decree as well as sectoral EIA guidelines for tourism, roads, aquaculture, on-and off-shore petroleum developments, textiles, forestry, mines, wetlands, and sensitive areas. An EIA is required for public or private development projects that could affect sensitive environments as defined in Order No 4355/97, types of developments that may, by its nature, size, and scale, cause an adverse impact on the environment. The related EIA must include an Environmental Management Plan. Madagascar’s EIA framework is described in detail here: http://www.saiea.com/dbsa_book/madagascar.pdf.

17 Ibid.

http://www.saiea.com/dbsa_book/madagascar.pdf

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2.5 Malawi

2.5.1 Environmental Baseline18

Malawi, a landlocked country located in Southern Africa, is one of the world’s most densely populated and least developed countries. Malawi is bordered by Mozambique to the southeast, south, and southwest, Zambia to the west and northwest, and Tanzania to the north and northeast. Malawi’s land mass covers 118,484 km2, of which 94,080 km2 is land and the remaining 24,404 km2 is water. Arable land comprises a little less than 21 percent of the land area; permanent crops cover a little more than one percent and the remainder is classified under other uses. Lake Malawi, at 587 km long and 84 km wide, is the country’s most prominent physical feature and constitutes more three-quarters of Malawi's eastern boundary. The Shire River flows from the south end of the lake and joins the Zambezi River 400 km further south in Mozambique. The climate in Malawi is sub-tropical with a rainy season from November to May and a dry season from May to November.

Malawi has two UNESCO World Heritage Sites, and six additional sites are on the potential list. Lake Malawi National Park, located at the southern end of the lake was recognized as a UNESCO World Heritage Site (1984) of global importance for biodiversity conservation, particularly related to fish diversity. The lake is one of the deepest in the world and provides habitat for 500-1,000 cichlid fish species. The lake is considered an important example of biological evolution, specifically for adaptive radiation and speciation in the cichlid population. The Chongoni Rock Art Area was recognized in 1997 for its rich concentration of culturally significant rock art. There are over 127 different areas where rock art is found within the site.

Increasing population density and an economy heavily dependent on agriculture has increased pressure on the natural environment and demands on natural resources. The government faces challenges in building and expanding the economy, improving education, health care, environmental protection, and becoming financially independent.

2.5.2 Environmental Laws and Regulations19

Chapter III (13)(d) of the Malawian Constitution states, “The State shall actively promote the welfare and development of the people of Malawi by progressively adopting and implementing policies and legislation aimed at achieving the following goals:

“To manage the environment responsibly in order to: 1) prevent the degradation of the environment;

provide a healthy living and working environment for the people of Malawi; 2) accord full recognition to the rights of future generations by means of environmental protection and the sustainable development of natural resources; and 3) conserve and enhance the biological diversity of Malawi.”

Established under the Director of Environmental Affairs, The Environmental Affairs Department (EAD) is the mandated government institution responsible for the coordination of environmental policies and programs in Malawi, monitoring development activities in the country, and for ensuring that implementation of these programs is compatible with the principles of sustainable development.

In July 1995, the Government established the Cabinet Committee on the Environment (now Cabinet Committee on Health and Environment) as the high level executive decision-making machinery on

18 Excerpt from Malawi Sustainable Economic Growth Portfolio IEE, 2013 19 Excerpt from Malawi Sustainable Economic Growth Portfolio IEE, 2013

DO1: Environment, Natural Resources and Climate Change Management Program IEE — August 2016 — pg 20 environmental matters. The National Council for the Environment (NCE) ensures cooperation of individuals, communities, government agencies and non-governmental organizations concerned with the protection of the environment. In addition, the NCE scrutinizes development projects to ensure integration of environmental concerns in all aspects of economic development and reviews and promotes compliance with relevant environmental regulations. A Technical Committee on the Environment (TCE), established in Section 16 of the Act, provides technical advice to the NCE on a broad range of technical environmental issues that come before it. The Environmental Affairs Department provides secretarial services to the Cabinet Committee, the NCE and the TCE.

In order to maintain effective co-ordination, a system of Environmental Focal Points (EFPs) has been established in most ministries, government departments, the private sector, and non-governmental organizations. The Environmental Affairs Department develops mechanisms to enable the focal points to identify key environmental issues to be reported on a regular basis.

Malawi’s 1996 Environment Management Act (EMA) establishes, inter alia, Malawi’s EIA requirements and process. “The Act outlines the EIA process to be followed and provides the enabling legislation to develop EIA guidelines to ensure compliance with the EIA requirements. The Act makes EIA a statutory requirement, and a listed project cannot be licensed and implemented until a satisfactory EIA study has been completed and approved.

“In the EIA Guidelines (1997), the term ‘environment’ is defined as ‘the physical factors of the surroundings of the human being including land, water, atmosphere, climate, sound, odor, taste and the biological factors of fauna and flora and includes the cultural, social and economic aspects of human activity, the natural and built environment’. EIA provisions in the EMA are found in sections 24–27, 29 and 63, 69 and 76.”20

Several types of interventions that could be pursued under the SEG portfolio DO require EIAs under Malawi’s procedures; e.g.:

● Agricultural drainage projects of more than 1 ha.

● Irrigation schemes designed to serve more than 10 ha.

● Any change from one agricultural land use to another on greater than a 20 ha land holding.

● Use of more than 1 ton of fertilizer per hectare per annum on greater than a 20 ha landholding, except for lime applications.

● Construction of fish-farming or ornamental pond(s) where the capacity is greater than 100 m3 or where there is any direct discharge from a fishpond to a receiving water body.

● Any proposal to introduce fish species in an area where they do not presently exist

● Construction or expansion of groundwater utilization projects, where the utilization will be greater than 15 1/s or where the well is 60 m or deeper.

● Etc.

EAD has overall responsibility for ensuring that EIAs are carried out for all projects in accordance with national standards.

20 These paragraphs quoted from the “Chapter 8: Malawi” in Walmsley, B & Patel, S, 2011. Handbook on environmental assessment legislation in the SADC region. 3rd edition. . Pretoria: Development Bank of Southern Africa (DBSA) in collaboration with the Southern African Institute for Environmental Assessment (SAIEA).

http://www.saiea.com/dbsa_handbook_update2012…