SOL-674-15-000028_ATTACHMENT_2.pdf

INITIAL ENVIRONMENTAL EXAMINATION

APPROVAL DOCUMENT

PROGRAM/ACTIVITY DATA:

Program/Activity Number: TBD

Program Activity Title: USAID/Southern Africa Regional Economic Growth Office (REGO) Portfolio

Country/Region: Southern Africa

Functional Objective: DO1: Increased sustainable economic growth in targeted areas

Program Elements: IR 1.1 Improved agriculture productivity IR 1.2 Increased trade with an emphasis on agriculture IR 1.3 Integration of climate change into policy and decision making IR 1.4 Improved management of trans-boundary natural resources

Period Covered: FY 2015 - 2019

LOP Amount: ___________________

IEE Prepared By: Patrick Hall (patrick.hall@cadmusgroup.com), Mike Minkoff (michael.minkoff@cadmusgroup.com), and Ashley Fox (ashley.fox@cadmusgroup.com), The Cadmus Group, Inc.

IEE Amendment (Y/N): No

Submitted By: Judith Mlanda-Zvikaramba, Regional Environmental Specialist/Mission Environmental Officer

Current Date: 13 March 2015

Expiration Date: 30 September 2019

ENVIRONMENTAL ACTION RECOMMENDED

Categorical Exclusion X Negative Determination X Positive Determination Deferral

ADDITIONAL ELEMENTS:

EMMP: X | Conditions: X | PVO/NGO: | Pesticides:*

*22 CFR 216.3 (b)(1) applies

SUMMARY OF FINDINGS:

Scope. This IEE addresses the entire portfolio of activities expected to be implemented by the USAID/Southern Africa Regional Economic Growth Office (REGO). REGO activities align generally with the Regional Development Cooperation Strategy (RDCS) Development Objective (DO) 1: increasing sustainable economic growth in targeted areas. DO1 is comprised of four Intermediate Results (IRs), which provide a framework for REGO activities:

USAID/Southern Africa REGO Portfolio IEE—Approval Document mailto:patrick.hall@cadmusgroup.com

IR 1.1: Improving agricultural productivity IR 1.2: Increasing trade with an emphasis on agriculture IR 1.3: Integration of climate change into policy and decision making IR 1.4: Improved management of trans-boundary natural resources

REGO efforts to achieve DO1 will also benefit from concurrent bilateral programming, including activities aligned with USAID/South Africa DO3: South African Impact on African Development Enhanced.

This IEE replaces and supersedes the Mission’s previous economic growth (EG) sector IEEs; except that ongoing activities operating under an approved environmental mitigation and monitoring plan (EMMP) may continue operating under that EMMP.

The REGO portfolio will be implemented through a number of separate mechanisms (or contracts). Each mechanism consists of a specified set of activities or interventions. In order to facilitate environmental review of the REGO portfolio, this IEE assesses potential environmental impacts and makes recommended determinations by intervention type (rather than at the mechanism or project level). For example, if numerous REGO projects entail a similar form of institutional capacity building—in, say, bookkeeping or financial management—this type of capacity building will be discussed and assessed only once in this IEE and will apply across the portfolio. This approach limits redundancy (and length) and generally simplifies interpretation of the IEE by USAID staff and partners.

The following table summarizes the intervention categories established for the purpose of environmental review of the REGO portfolio. This table also indicates the recommended determination(s) associated with each of the intervention categories.

Table 1: Summary of USAID/Southern Africa REGO Portfolio Intervention Categories and Recommended Determinations

Intervention Category Categorical Exclusion(s)

Negative Determination(s)

Positive Determination(s)

Deferral Link to Full Analysis

1-A: The development, formulation or promotion of policies with no direct impact on natural resource management (NRM) or local or regional environmental conditions

(w/ conditions)

Click here

1-B: 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

Click here

3-A: Technical assistance and capacity building that does not include instruction, training or guidance that is formulated to alter NRM practices or change local or regional environmental conditions

3-B: Technical assistance and capacity building designed to increase the value of agricultural production and food security

(w/ conditions) Click here through improved agronomic practices PERSUAP required*

3-C: Technical assistance and capacity building designed to increase the value of agricultural production and food security through post-harvest storage, processing, transport and marketing

PERSUAP

required*

3-D: Technical assistance and capacity building designed to increase the value of agricultural production and food security through development and promotion of regional trade corridors

3-E: Technical assistance and capacity building designed to increase energy production

(w/ conditions) Click here

4: Marketing and promotional efforts to increase public awareness and build support for REGO programs and objectives

Click here

5: Small-scale construction (w/ conditions) Click here

* Procurement, promotion of, or training in the use of pesticides is disallowed until such time that a Pesticide Evaluation Report and Safer Use Action Plan (PERSUAP) is completed pursuant to USAID Pesticide Procedures (22CFR §216.3(b)) and duly approved.

The intervention categories summarized in Table 1 cut across numerous mechanisms or projects that (a) are currently being implemented by REGO; and/or (b) REGO expects to implement prior to expiration of this IEE. These include (but are not limited to):

The Trade and Food Security Project Southern Africa Trade Hub Feed the Future (FTF) Southern Africa Energy Program tralac Africa Infrastructure Program

General Implementation & Monitoring Conditions. In addition to the specific conditions enumerated in Section 3 of the attached IEE, 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/encompass, in summary:

1. IP Briefings on Environmental Compliance Responsibilities

2. Development of EMMP

3. Integration and implementation of EMMP

4. Integration of compliance responsibilities in prime and sub-contracts and grant agreements

5. Assurance of sub-grantee and sub-contractor capacity and compliance

6. REGO team monitoring responsibility

7. New or modified activities

8. Compliance with Host Country Requirements

The full narrative Initial Environmental Examination is attached as an annex to this Approval Document.

ANNEX

INITIAL ENVIRONMENTAL EXAMINATION

PROGRAM/ACTIVITY DATA:

Program/Activity Number: TBD

Program Activity Title: USAID/Southern Africa Regional Economic Growth Office (REGO) Portfolio

Country/Region: Southern Africa

Functional Objective: DO1: Increased sustainable economic growth in targeted areas

Program Elements: IR 1.1 Improved agriculture productivity IR 1.2 Increased trade with an emphasis on agriculture IR 1.3 Integration of climate change into policy and decision making IR 1.4 Improved management of trans-boundary natural resources

Period Covered: FY 2015 – 2019

Procurement Sensitive

Pages 1-6 are not available at this time.

These pages will be made available when the Southern Africa Energy Program Request for Proposal is released.

USAID/Southern Africa REGO Portfolio IEE

1.0 Baseline Information and Applicable Host Country Requirements (Environmental Profiles and Laws of Focus Countries)

1.1 Angola

1.1.1 Environmental Baseline1

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.

1.1.2 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

1 Excerpt from Angola Biodiversity and Tropical Forests: 118/119 Assessment, February 2013, USDA Forest Service Office of International Programs 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.2

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.3

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.4

1.2 Botswana

1.2.1 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 from 250 mm in the south west to more than 600 mm in the north east. Winters are dry with

2 Excerpt from USAID/South Africa SAREP IEE, 2011 3 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 4 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 temperatures reaching as low as seven degrees Celsius, while summer temperatures are around 39 degrees Celsius. 5

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.6

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.7

1.2.2 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

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

http://www.sadc.int/member-states/botswana/ 6 Excerpt from USAID/South Africa SAREP IEE, 2011 7 Ibid.

http://www.sadc.int/member-states/botswana/ 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 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 Environmental Impact Assessment (EIA) Studies.8

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. 9

1.3 Lesotho

1.3.1 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.

8 Excerpt from USAID/South Africa SAREP IEE, 2011 9 SADC Environmental Legislation Handbook 2012, Accessed via the internet on 19 November 2014 at:

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

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 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.10

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.11

1.3.2 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 endeavour 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. 12

1.4 Madagascar

1.4.1 Environmental Baseline13

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 that has led to uncontrolled illegal exploitation of natural resources. The Malagasy population is

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

http://www.sadc.int/member-states/204/ 11 Lesotho 118/119 Biodiversity and Tropical Forest Assessment, 2007, Biodiversity Analysis and Technical Support Team 12 SADC Environmental Legislation Handbook 2012, Accessed via the internet on 19 November 2014 at:

http://www.saiea.com/dbsa_handbook_update2012/dbsaFrameSet.html 13Excerpt from USAID/Madagascar Health Sector Portfolio IEE, 2013 http://www.sadc.int/member-states/204/ heavily dependent on natural resources with 75 percent of rural people living on subsistence agriculture and 90 percent using fuel wood for domestic energy.

Madagascar has made an effort to preserve its natural capital by increasing the size of the country's protected area network to approximately the 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.

1.4.2 Environmental Laws and Regulations14

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 Environmental Impact Assessment (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).

14 Ibid.

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

1.5 Malawi

1.5.1 Environmental Baseline15

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 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 World Heritage Sites. 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.

1.5.2 Environmental Laws and Regulations16

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

15 Excerpt from Malawi Sustainable Economic Growth Portfolio IEE, 2013 16 Excerpt from Malawi Sustainable Economic Growth Portfolio IEE, 2013 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.”17

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.

17 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/dbsaFrameSet.html and www.dbsa.org. Hereinafter SADC Environmental Legislation Handbook 2012.

http://www.dbsa.org/

• Etc.

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

Other policies and requirements. Beyond EIA, Malawi has a number of environmental licensing requirements, some of which are likely to apply to SEG interventions. These are summarized in the table below:

Reproduced from SADC Environmental Legislation Handbook 2012, Chapter 8. Also see discussion of “Other Relevant Environmental Legislation in Malawi,” section 8.5.

1.6 Mozambique

1.6.1 Environmental Baseline18

Mozambique is generally low-lying, with coastal plains below 200 m covering about 42 percent of the land, especially in the south and in a belt along the coast. Plateau areas, with average elevations between 200 and 500 m, cover about 29 percent of the country. Highlands ranging from 500 to 1000 m cover about 25 percent of the land surface, with a large proportion occurring in the north and west.

18 Excerpt from Supplemental Environmental Assessment : Mozambique Indoor Residual Spraying (IRS) Project, RTI, Mountain areas, with elevations above 1000 m occupy about 4 percent of Mozambique, and are located along the border with Malawi and Zimbabwe.

The climate of Mozambique is strongly influenced by altitude, proximity to the sea and latitude. It is semi-arid and subtropical in the south and tropical in the north, with strongly seasonal rainfall. There are two distinct seasons, a warm, wet season from November to March, and a cooler, dry season from April to October. Rainfall varies between about 1,400 mm a year near the Zambezi Delta to about 300 mm a year in the lowlands of the southern interior. The driest areas of the country lie in the interior of Gaza Province. Mountainous areas in the north and west have around 2,000 mm of rainfall a year (IIASA, 2002). Precipitation can vary dramatically from year to year. The coefficient of variation in precipitation ranges from 20 to 40 percent, with higher values occurring in the south (Reddy, 1984). Thus, droughts are common and natural.

The climate is diverse but primarily humid tropical in the northern and costal zones, and dry tropical in southern and interior zones. Average annual temperatures vary from 26-30 degrees Celsius, during the rainy season, and from 18-20 degrees Celsius, during the dry season. In mountainous areas, especially in the center and north of the country, the climate may be modified by changes in the altitude. Altitude ranges from 0 in the eastern part of the country to more than 1000 m, in the north and central western parts.

Mozambique includes 14 ecological regions, of which seven have global importance: the Agulhas Current, the East African Coast, the Lakes of the Rift Valley, the East African Mangroves, the Forests of the South Rift Valley, East and Central Miombo, and the Savannas of the Zambezi Floodplains. However, to protect all important bio-diverse ecosystems in Mozambique there are two remaining areas to be designated officially for protection: Lake Niassa and the Inselberg Arquipelago in Zambezia Province.

These two became part of the agenda of the action plan in the Conservation Policy and Strategy for Implementation.

Protected areas still face many challenges, and some are only protected on paper. Most of these areas are understaffed, underfunded, and without qualified personnel. Because these areas were either neglected during the war or only recently approved, human populations have for many years been living inside park boundaries and freely exploiting their natural resources.

1.6.2 Environmental Laws and Regulations19

MICOA is the agency responsible for coordinating environmental issues in Mozambique. The agency’s Environmental Framework Act (Act 20 of 1997) provides for the participation of local communities, among others, in the development of policy and laws for NRM, management of protected areas, and policing environmental norms and regulations.

Provisions in the law reinforce the view that communities in protected areas retain their rights, and can use them to negotiate returns on income generated on what is “still their land”, even if these protected areas are re-classified for specific conservation purposes (CTC, 2003). An EIA Act (Decree 45/2004) provides the framework for managing environmental effects of development. The EIA Act requires that all sectoral legislation in Mozambique be revised to conform to the Act. Although on paper, EIA regulations follow internationally accepted processes (screening, scoping, consultation, assessment of

19 Excerpt from Supplemental Environmental Assessment : Mozambique Indoor Residual Spraying (IRS) Project, RTI, impact, review, and monitoring and evaluation), in practice, numerous problems limit the effectiveness of the process. These include inconsistencies in substance and style across ministries and departments on environmental management, because roles and responsibilities and modes of cooperation have not been properly defined.

EIA Regulations (Decree No. 76 of 1998)

The National Environmental Management Programme is the guiding policy for environmental protection and EIA is mandatory to all activities that may cause significant impacts. The Framework Environmental Act establishes the regime of the environmental licensing based on an EIA. Decree No. 76/98 of 29 December 1998 defines the EIA Regulations (comprising 19 Articles).

Article 2 specifies the range of development projects requiring some form of EIA, and is applicable to all public or private activities that may have a direct or indirect impact on the environment.

Article 3 defines MICOA’s responsibilities to issue and publicize general directives on EIA procedures, approve the terms of reference, review EIAs and issue environmental licenses.

Article 4 specifies document requirements. To begin an EIA the proponent must present to MICOA a description of the activity, an executive summary of the project and the salient environmental and socio-economic features of the project location.

Article 5 defines pre-assessment procedures. All activities not covered in the Appendix of the EIA regulations but capable of causing significant environmental impact are subject to a pre-assessment by MICOA to determine the level of EIA required.

1.7 Namibia

1.7.1 Environmental Baseline

Namibia is located in southwestern Africa along the Atlantic Ocean. Its neighboring countries are Angola, Botswana, Zimbabwe and South Africa. Namibia covers 825,615 km2, of which 1,000 km2 is water. The climate is mostly desert-like, hot and dry with sparse and variable rainfall.20 The Namibian landscape consists of five main geographical areas, the Central Plateau, the Namib Desert, the Escarpment, the Bushveld, and the Kalahari Desert. There are also isolated mountains throughout Namibia that create micro-climates and habitat for organisms that aren’t adapted to the desert. Rivers are found along the country’s borders, such as the Orange, Kunene, Okavango, Kwando and Zambesi Rivers. Fish River Canyon is located in the south at 161 km long, 27 km wide and 550 m deep.21

Namibia has one of the driest hydro-climatic conditions in the region, making it highly dependent on groundwater and the trans-boundary river systems on its south eastern and northern borders. Although a relatively small section of the area is in the ‘active’ Okavango river basin, a significantly larger area of land comes into consideration in the more extensive ‘mega’ basin context with significant ground water issues. The Kavango and Caprivi Regions are relatively densely populated (4.0 persons/km² and 5.5 persons/km² respectively) with moderately dense livestock populations that are dependent upon the Kavango river, the Zambezi river and their floodplains, home to significant numbers of people that farm there during the dry seasons. The Caprivi region boasts of high biological richness, extremely high elephant populations, extensive freshwater ecosystems, and highly diverse representations of avian

20 CIA World Factbook, Namibia 21 Government of Namibia, Geographical Areas, Accessed via the internet on 21 November 2014 at http://www.gov.na/the-land http://www.gov.na/the-land fauna, savannah and woodland species, as well as floodplain species. Much of the Caprivi land area is made up of national parks and communal land with a growing human population of approximately 110,000 heavily tied to natural resources and a pattern of seasonal flooding for their subsistence.

Both the Kavango and the Caprivi region experience significant flooding during periods of high rainfalls, forcing the population and their livestock to lands legally registered to communities under conservancy or communal forest status, or to higher grounds already occupied by other communities, thus causing human-human conflicts. At the same time, wildlife that frequent these areas are forced to move off the flooded plains and compete for the limited dry land, damaging crops, killing livestock, and endangering people’s lives and livelihoods in increasing scenarios of human-wildlife conflict. This migration has profound impacts on the use of natural resources, and is increasingly affecting protected areas and the biological diversity they harbor. This movement and relocation (temporary or permanent) is symptomatic of the region’s poor land and resource use planning. For example, efforts to undertake systematic disaster management assessment and planning that incorporates science and good floodplain management have been limited, and do not adequately incorporate the full range of environmental and social issues that must be addressed to achieve sustainability and protect the region’s biological diversity. 22

1.7.2 Environmental Laws and Regulations

Namibia’s Constitution requires the government to actively promote and maintain the welfare of the people, including “the maintenance of ecosystems, essential ecological processes and biological diversity of Namibia and utilization of living natural resources on a sustainable basis for the benefit of Namibians both present and future.” Namibia’s Environmental Policy, as adopted in 1994 states that “All listed policies, programmes and projects, whether initiated by the government or the private sector, should be subjected to the established Environmental Assessments (EA) procedure.” Unfortunately, this policy lacks the institutional structures and procedures needed for its effective implementation.

Namibia actively supports, and is party to several United Nations Conference on Environment and Development (UNCED)-related conventions and international and regional treaties. These include, among others:

• Convention on Biological Diversity (CBD);

• Vienna Convention for the Protection of the Ozone Layer;

• Ramsar Convention on Wetlands;

• Basel Convention on the Control of Trans-boundary Movements of Hazardous Wastes and their Disposal;

• United Nations Framework Convention on Climate Change (UNFCCC);

• United Nations Convention to Combat Desertification (UNCCD);

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

• (CITES);

• Protocol on Shared Watercourses Systems in the Southern Africa Development

• Community (SADC) Region;

22 Excerpt from USAID/South Africa SAREP IEE, 2011

• SADC Protocol on Transport, Communication and Meteorology; and

• OKACOM.

The Government of Namibia has developed sectoral strategies, policies and plans that reflect broader sustainable development issues. These include, among others:

• Natural resource management and land-use;

• Pollution control and polluter pays principle;

• Rural development and poverty reduction;

• Child welfare and violent crime;

• Precautionary Principle;

• Environmental Assessments; and

• Combating desertification

Namibia’s National Biodiversity Programme covers activities such as park management plans, regional environmental profiles, environmental education, and a national biodiversity country study.

Unfortunately, the country’s ecological diversity is not evenly represented within the country’s protected areas network, as Namibia’s National Parks and Reserves were not originally designed for biodiversity conservation.23

1.8 Seychelles

1.8.1 Environmental Baseline24

Seychelles is an archipelago in the Indian Ocean, northeast of Madagascar, covering 455 km2 of land.

The 115 islands can be divided into granitic islands or low limestone islands. The 42 granite islands are peaks on a mostly underground plateau. The largest and tallest island, Mahé, at 905 m, is a granitic island with a mountain ridge running along its length. Erosion along the steep sides of the granitic islands has created rocky outcrops. They experience a tropical climate with heavy rains from November to February. Annual rainfall on the granitic islands ranges from 2,300 to 5,000 mm.

Below 610 m, natural forests are found on the grantic islands with palms, pandans and hardwoods.

Above this is the cloud forest with tree-ferns and mosses. Having been isolated for 75 million years, Seychelles now hosts a unique set of flora and fauna, many of which are ancient species. The most famous flora species is the coco-de-mer palm, which is only found in the Vallée De Mai on Praslin Island.

Seventy-two endemic species of plant are found here, and one endemic mammal species, the critically endangered Seychelles sheath-tailed bat. Twelve endemic species of landbird fauna are also found on the islands.

Two-hundred years of human settlement has seriously influenced the native biota, leading to habitat loss, fragmentation and invasive species. Alien species now make up 57 percent of total flora on the islands, and this percentage is likely to increase. Most of the lowland forests have been disturbed or destroyed. The Vallée de Mai is the best example of intact native forest, and is also a World Heritage

23 USAID/South Africa SAREP IEE 24 World Wildlife Fund, Indian Ocean, northeast of Madagascar, accessed via the internet on 21 November 2014 at http://www.worldwildlife.org/ecoregions/at0113 http://www.worldwildlife.org/ecoregions/at0113

Site. Other important sites include the Morne Seychellois National Park, which contains mountain mist forest, the Aride Special Reserve, Cousin Special Reserve, La Digue Veuve Special Reserve and Curieuse National Park.

1.8.2 Environmental Laws and Regulations

Environmental Protection in Seychelles is rooted in the constitution, of which Article 40 (e) makes every citizen responsible for protecting, preserving and improving the environment.