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Cliff Chiduku
Correspondent
Last year, the Government approved the principles of the Climate Change Management Bill.
This marked the beginning of a journey to introduce a law to address Zimbabwe’s climate change challenges. Now Parliament has embarked on a programme to gather views from stakeholders countrywide.
The country uses generic environmental legislation to govern climate change issues.
Climate change impacts are secondary to issues such as pollution or environmental degradation. The legislation on climate change is therefore important because it specifically prescribes binding obligations and provides tools for action.
The Bill proposes guidelines on how to integrate climate change mitigatory and adaptation strategies into the country’s development planning and budgetary process.
It is important that the Bill will also provide a regulatory framework for greenhouse emissions, clearly articulating how the country will foster low carbon pathways, regulate carbon trading, among others.
Notably, the Bill also proposes the establishment of a regulatory agency and a designated fund to support the implementation of a robust climate change mitigation and adaptation action as espoused in the Zimbabwe’s Climate Change Policy.
This must be applauded as it underscores Government’s commitment, under the Paris Agreement, to safeguard the country’s environment and ensure sustainable development.
That said, it is crucial that the proposed Bill incorporates provisions that obliges companies or individuals who seeks to undertake developments initiatives to carry out climate impact assessments before going ahead with such endeavours.
Such assessments will focus on how a proposed development project, be it in mining, agriculture, housing, recreation, energy, tourism, among others, would contribute to — or worsen — climate change.
It also assesses how sustainable the development is in terms of climate change and how climate change impacts of the project would be mitigated.
The assessment would also consider the ability of communities and the environment to cope with and adapt to climate impacts caused by the project.
This may seem to be anti-development, but it is progressive. We all want development, but at what cost?
Development should not compromise the needs of the current and future generations.
Zimbabwe’s Constitution is clear that everyone has the right to an environment that is not harmful to health or well-being, and to have the environment protected for the benefit of present and future generations. This includes the climate system.
Zimbabwe’s overarching environmental law, the Environmental Management Act (Chapter 20:27) requires that before activities that affect the environment are conducted, environmental impact assessments must be carried out.
The assessments are meant to determine the long and short-term effects of the project on the environment and inform whether Government should grant authorisations to allow or disallow the project.
The Act is clear that all “relevant considerations” must be considered, but it is not clear how climate change impacts and risks must be assessed. This is where the standalone climate change legislation plays a gap-filling role.
Implied is that before carrying out a climate impact assessment for a project, a developer should submit a prospectus to the proposed agency containing such information regarding the assessment and the project as may be prescribed.
The law must protect the environment, pursue social justice, and promote dignity and equality for all.
The law should be clear; it is unlawful for Government agencies or officials to authorise certain development projects without assessing climate risks and impacts.
Climate change laws have been enacted in several African countries, among them Kenya, Nigeria, Benin, Uganda, Mauritius and South Africa.
Since the enactment of the Climate Change Act (2021), Nigeria has witnessed a major shift, especially after the establishment of a climate regulator, the National Council on Climate Change (NCCC).
It sets an ambitious target of achieving net zero greenhouse gases emissions between 2050 and 2070.
This is significant given Nigeria’s status as a major oil exporter with significant carbon emissions from oil and gas production activities.
The NCCC has instituted programmes and policies for key emissions sectors. This is the same story in Kenya which introduced the Climate Change Act (2016) and Climate Change (Amendment) Act (2023).
The legislation provided prescriptive and economic tools which offered incentives for firms to participate in climate change mitigation — and the response has been overwhelming.
Elsewhere, several other countries have a more pronounced legislation on climate change. Just like the United Kingdom’s Climate Change Act (2008), the Climate Change Bill should set legally binding targets for reducing greenhouse gas emissions.
Just like what is obtaining in the UK, it is hoped that an effective and independent body would be set up to advise the government on setting and meeting carbon budgets and to monitor progress. This body assesses the risks of climate change impacts and prepare a comprehensive adaptation programme.
The urgency also oversees and co-ordinates climate policies across different ministries. Germany has the Federal Climate Protection Act (2019) (Bundesklimaschutzgesetz), which provides for the setting of binding annual emission reduction targets for various sectors (energy, industry, transport, buildings, agriculture, and waste management).
France has the Energy Transition for Green Growth Act (2015), while Australia has the Climate Change Act (2022).
These examples illustrate the comprehensive approach that many progressive countries are taking to address climate change through legislative frameworks, ensuring mitigation, resilient-building and adaptation strategies are in place.
So, the proposed climate change legislation puts Zimbabwe at the top table of countries that have shown seriousness and have demonstrated commitment to tackle climate change.
The Bill and its attendant action plans will give Zimbabwe the means to make a more effective contribution to tackling climate change and reinforce its energy independence, while striking a better balance in its energy mix and creating jobs, business growth and sustainable development.
This climate legislation will indeed act as a significant lever or “trump card” for Zimbabwe in addressing environmental issues and steering policy decisions. Food for thought!
Cliff Chiduku is a communications, public policy and governance expert with interests in climate change, agriculture and environmental issues. He writes in his personal capacity. Feedback: [email protected] or Call/App +263775716517.
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