IEE_-_Final_Attachment_3.pdf

USAID/Southern Africa REGO Portfolio IEE—Approval Document

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: $130M (approximate)

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:

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

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

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

5: Small-scale construction

* 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.

USAID/Southern Africa REGO Portfolio IEE

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

LOP Amount: $130M (approximate)

1.0 Background and Program Description

1.1 Purpose and Scope of IEE

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:

● 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.

1.2 Program Background

(Context and Justification)

The Southern African Development Community (SADC) is challenged with severe poverty and food security concerns. The region has consistently failed to meet the minimum target annual economic growth rate of five percent, which is viewed as a baseline condition for meaningfully reducing poverty. It is not likely at this stage that the SADC will meet the Millennium Development Goal (MDG) of halving overall poverty rates by the 2015 target date. Poverty in the SADC region is driven by numerous factors:

low agricultural productivity and limited access to trade and to power (i.e., electricity) chief among them.

Weak Growth in Agriculture

Agriculture has consistently remained only a minor component of overall economic growth throughout Southern Africa, contributing only two percent to annual growth, notably short of the target of six percent established in the Comprehensive African Agriculture Development Program (CAADP).

Southeast Asia and Latin America, by comparison, have seen significant development gains over the past 20-30 years, particularly in the areas of agricultural productivity and intra-region trade of agricultural goods. Such success is not yet realized in the SADC; according to the 2010 World Development Report, average cereal yields in SADC are 30 percent lower than in Asia and Latin America.

Primary constraints to SADC’s agricultural growth include:

Limited access to improved seeds and seed varieties to increase robustness and resiliency of crops and maximize crop yields

Low levels of technology adoption

Limited knowledge of agriculture best management practices (BMPs)

Limited availability, or absence, of incentives to promote broader production and/or provision of agricultural inputs

Limited Intra-Regional and Agricultural Trade

SADC benefits from trade liberalization with the United States through the SADC Free Trade Agreement, under which approximately 95 percent of all products are tariff- and quota-free. Despite this liberalization, the majority of regional exports are oil and energy products, with remaining exports comprised mainly of minerals and raw materials (e.g., precious metals). Intra-region trade overall accounts for only six percent of total trade in Southern Africa.

The primary factors limiting trade in the region include:

Weak policy and institutional frameworks ill-equipped to promote and support trade

Misaligned, or non-existent, processes and standards for certification, licensing, inspection, and handling of goods for trade

High transaction costs to intra-region and international trade; non-tariff barriers (e.g., customs inspections and fees, permit requirements, licenses, etc.) that require both too much time and money—these costs ultimately make SADC protects less competitive than international alternatives

Weak infrastructure, including poor roadways, ports, railways or rail access, and limited access to power

These constraints to trade and agriculture suppress both intra-region trade and food security across Southern Africa. Poorer agricultural know-how and lower quality inputs, insufficient incentive structures, and limited infrastructure lead to less productive crops and lower post-harvest retention rates of agricultural production. At the same time, the lack of harmonized systems and policies, coupled with weak infrastructure and onerous non-tariff barriers, allow higher quality goods from international markets to be procured at similar or lower costs within the region. This reduces intra-region trade and further depresses local markets and incentives for improved production.

Insufficient Energy

In addition to limited agricultural production and intra-region trade, Southern Africa struggles with a shortage of reliable energy throughout much of region. This further constrains regional economic growth; according to the World Bank’s Africa Infrastructure Country Diagnostic, inadequate energy access is the primary obstacle to improved economic growth in the region.

Approximately 28 percent of the region has access to electricity, a figure that is below the average for the whole of Africa (31 percent), and well below the global average (75 percent). When excluding South Africa, the regional average drops to 17 percent, the lowest sub-regional rate in Africa. Further, much of South Africa’s power is generated using coal, among the highest green-house-gas (GHG) emitting energy sources. This makes South Africa the 12th largest GHG emitter in the world, with over 80 percent of these emissions derived from power generation.

Improving energy access throughout the region and reducing GHG emissions simultaneously will require utilization of the many clean energy resources available in the SADC. Hydro and solar in particular present significant opportunity and remain largely untapped within the region.

The primary obstacles to increased utilization of clean energy include:

Limited policy and planning for clean energy

A dearth of commercially viable entities and institutional frameworks to launch clean energy projects

Limited human capacity in the area of clean energy within the region

A lack of demonstrated clean energy project successes to encourage additional investment.

Taken together, the region faces a variety of human, institutional, and regulatory capacity challenges to enhance agricultural productivity, boost food security, strengthen intra-region trade, increase access to energy, and reduce or minimize adverse GHG emissions. The REGO portfolio is designed to address these capacity challenges, as detailed in Section 1.3.

1.3 Southern Africa REGO Portfolio: Overview

The USAID/Southern Africa REGO portfolio focuses on a range of human, institutional, and regulatory capacity constraints. These challenges are characterized by the Intermediate Results established under the RDCS DO1: Increasing sustainable economic growth in targeted areas. The IRs are:

● 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

At the time of the preparation of this IEE, USAID/Southern Africa is expected to use a number of activities, projects, or entities to help achieve the IRs: The Trade and Food Security Project, the Southern Africa Trade Hub, Feed the Future (FtF), the Southern Africa Energy Program, tralac, and the Africa Infrastructure Program. It is expected that additional activities or programs will be designed and implemented by REGO in order to help meet these objectives, and that they will be integrated as part of the REGO portfolio and operate under the regulatory purview of this IEE, as amended.

The Trade and Food Security Project

The specific areas of focus of the Trade and Food Security Project align closely with IR 1.1 (Improving agricultural productivity) and IR 1.2 (Increasing trade with an emphasis on agriculture). The project will further address policy, or policy-related limitations in each of these areas.

One of the primary undertakings of the project will be to support implementation of SADC’s Harmonized Seed Regulations (HSRs). By harmonizing the regulations that govern seed varieties, the project will facilitate cross-border seed shipments, promoting increased trade and resulting in better access to the most robust and effective seed varieties for farmers throughout the region. This access will help boost agricultural productivity.

The Trade and Food Security Project will also address the factors that exacerbate post-harvest loss (PHL) through the following types of activities: increasing access to finance and market information; utilizing trade facilitation tools to boost intra-region trade; spurring private-sector investment in agriculture, trade, and food security within the region; and enhancing coordination among donors, communities, government stakeholders, and non-government partners within and across borders in the SADC region.

Southern Africa Trade Hub

The goal of the Southern Africa Trade Hub is to “increase international competitiveness, intra-regional trade and food security in Southern Africa.” The Trade Hub seeks to accomplish this through the provision of technical assistance to government, private sector, and civil society leaders. Specifically, the Trade Hub aims to: reduce transaction costs currently constraining intra-border trade; reduce PHL and improve quality of agriculture to boost sector competitiveness; increase trade and investment in textiles and apparel; improve institutional and regulatory support for clean energy to incentivize investment;

and support regulatory reform and harmonization of standards to create an enabling environment for trade.

Feed the Future

Feed the Future (FtF) is a USAID flagship program with the goal of reducing global hunger through improved agricultural productivity for strategic crops, which boosts food security and supports sustainable economic growth. FtF focus countries in Southern Africa include Malawi, Mozambique, and Zambia, and USAID/Southern Africa is proposing to support agricultural productivity in these countries.

Further, Zimbabwe falls within the FtF Global strategy and may also be a recipient of regional FtF assistance.

The priority FtF “value chains” for USAID/South Africa are maize, groundnuts, soybean and seeds; in Malawi they are soybean, pigeon pea, groundnuts, and orange fleshed sweet potato; in Mozambique, soybean, pigeon pea, and cowpea; and in Zambia, maize, yellow maize, and orange fleshed sweet potato.

Southern Africa Energy Program

The Southern Africa Energy Program (SAEP) aims to increase electricity availability and access in the region by facilitating transactions and strengthening the enabling environment for private-sector investment in power, with a focus on clean energy. By ameliorating key constraints to investment— weak regulation, planning and procurement, commercially unviable utilities, lack of locally demonstrated clean energy technologies and practices, and insufficient human and institutional capacity—in 2-3 politically committed countries, SAEP will help create much needed examples of success on the ground and raise regional benchmarks of performance.

Specific SAEP activities include: improving or creating policies that incentivize or support clean energy production and investment; improving and assisting electricity sector restructuring and design;

supporting utilities in design and implementation of loss-reduction strategies; providing trainings and supporting partnerships to enhance human capacity in clean energy development and management;

and providing technical assistance to regulatory agencies and/or utilities regarding integration, incorporation, or implementation of clean energy projects.

tralac

The Trade Law Center (tralac) will use a network of trade law experts, economists and professional support staff to build capacity in trade law and policy among government, private sector, and civil society organizations in Southern (and Eastern) Africa.

Africa Infrastructure Program

The Africa Infrastructure Program (AIP) helps promote and secure reliable and cost-effective electricity by assisting projects in reaching financial closure. AIP provides support to governments, government agencies, and local energy developers and works to ensure that energy projects are effectively structured and factor in the full extent of financial, social, political, environmental, and clean-energy considerations to maximize long-term sustainability. In Southern Africa, AIP is providing transaction advisory services to support the negotiations of wind farms in Mozambique and Lesotho, as well as the development of Renewable Energy Feed-in-Tariff programs in Namibia and Mozambique.

1.4 Intervention Categories for Purposes of Environmental Review

As described in Section 1.3, 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.

Many types of interventions will be undertaken in support of enhancing agricultural productivity, intra-regional trade, and energy investment and development. 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, for example, 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.

For the purposes of environmental review and compliance, interventions constituting the USAID/Southern Africa REGO portfolio are therefore consolidated into the following “intervention categories.”

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

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

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 through improved agronomic practices

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

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

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

5. Small-scale construction

Each intervention category encompasses a number of entailed activities; these are set out, and, where not self-explanatory, annotated in Section 3 of this IEE.

2.0 Baseline Information and Applicable Host Country Requirements

(Environmental Profiles and Laws of Focus Countries)

2.1 Angola

2.1.1 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.

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

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

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

Excerpt from USAID/South Africa SAREP IEE, 2011

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 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

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

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

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

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

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.

SADC Environmental Legislation Handbook 2012, Accessed via the internet on 19 November 2014 at:

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

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 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

2.4 Madagascar

2.4.1 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

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

http://www.sadc.int/member-states/204/

Lesotho 118/119 Biodiversity and Tropical Forest Assessment, 2007, Biodiversity Analysis and Technical Support Team

SADC Environmental Legislation Handbook 2012, Accessed via the internet on 19 November 2014 at:

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

Excerpt 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.

2.4.2 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).

Ibid.

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

2.5 Malawi

2.5.1 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.

2.5.2 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

Excerpt from Malawi Sustainable Economic Growth Portfolio IEE, 2013

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…