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Re-framing the wildlife based land reform programmes in Zimbabwe
Mandivamba
Rukuni, Sokwanele
October 03, 2012
http://www.sokwanele.com/node/2402
This paper is
part of the Zimbabwe Land Series
- View index to Mandi Rukuni's articles here
- View index to Dale Dore's articles here
Introduction
In this article
I discuss the future options for wildlife conservancies. I will
review the policy that is guiding this sector and propose a desirable
future and how that could be built from the current situation. I
will argue that the wildlife land reform policy itself, although
not perfect, is built on sound principles. It is the implementation
or lack of resolution on the indigenisation options that once again
left the issue open for a frontal political bombardment. I will
also argue that in the long-term the most viable business model
is one centred on direct community participation. In terms of conservation
principles I also advocate gradual shift from consumptive and hunting
to non-consumptive and cultural tourism.
Background
Although the
Wildlife Based Land Reform Programmes (WLBLRPP) and the Forestry
Based Land Reform Programme (FBLRP) were part and parcel of the
Fast Track Land Reform Programme (FTLRP), not much public attention
has been brought to these over the last decade. Not until recently
of course when the Save Valley Conservancy developments made it
into the popular press. Most Zimbabweans, however, are not even
aware that there is also the FBLRP that saw A1 settlers on potions
of the Forestry Commission land. But the forestry-based land reform
is unlikely to make it into the news because it lacks the combustible
elements that the wildlife one has, that is: the indigenization
issue; and the potential big business - in this case the lucrative
hunting concessions.
Conservancies
are a unique form of wildlife conservation, and in Africa these
are prominent in South Africa, Namibia and Zimbabwe. Zimbabwe has
a total landmass of 36.9 million hectares with 33 million reserved
for agriculture. 5.5 million hectares or 15% percentage of Zimbabwe's
total land mass is reserved for wildlife production and 11% fall
under the Communal Areas Management Programme for Indigenous Resources
(CAMPFIRE). Therefore, of the land reserved for wildlife production,
93% is state controlled through the Parks and Wildlife Management
Authority with 7% held in private control including land held by
Rural District Councils, Agricultural and Rural Development Authority
(ARDA), local and foreign investors. Conservancies constitute 2%
of Zimbabwe's total landmass that is held in private, communal,
local and foreign hands (See figure below). In addition to Save
Valley Conservancy, the other conservancies include Bubi and Bubiana
in Matabeleland South, Gwayi in Matabe leland North and Sebakwe
in Midlands.
The
Wildlife Based Land Reform Policy
Although the
popular dialogue today is on the controversial developments centred
on the indigenization of the conservancies, I would like to explore
the policies on one hand and the implementation of the policies
on the other, and then explore the future possibilities. The wildlife
and forest based land reform policies were crafted and approved
by Cabinet almost a decade ago. Wildlife-Based Land Reform is an
integral part of the Government's overall land reform policy with
focus on land with limited agricultural potential. The objectives
of the WLBLRP policy are stated as: a) to achieve greater equity
in the ownership and management of conservancies and wildlife ranches;
b) to maintain business viability and investor confidence in the
sector.
The key elements
of the policy are also stated as, and I quote:
- All wildlife
will remain res nullius. However, usage rights, including trading
rights are to be allocated to conservancies by an appropriate
authority;
- All land
except that covered by Bilateral Investment Protection Agreements
(BIPAs) be will acquired and illegal settlers removed;
- The economic
interests of local communities surrounding each conservancy or
ranch shall be managed through a Trust linked to that conservancy;
- The Trust
will operate under the auspices of the relevant RDC. However the
beneficiaries for each Trust must be defined based on who shares
the costs, (not just benefits) in the relationship;
- Existing
farmers will be encouraged to remain in operation subject to their
acceptance of indigenisation options; and
- Farmers will
be compensated for infrastructure with compensation paid by Government,
creating equity for new participants in conservancies.
The Indigenisation
Options: In general, the Corporate Model is touted as the foundation,
with business and conservation principles guiding operations. In
the policy statement, the 'share transfer' is considered the most
appropriate vehicle for delivering these principles. The following
three options are proffered to existing owners and prospective new
participants:
1. Current farmers
team up with Parks and Wildlife Management Authority (P&WMA)
and Communities, with all three contributing some form of capital/assets
and also deriving benefits.
2. Current farmers team up with Communities: The partnership is
between only the existing operators and their Communal Area neighbours;
P&WMA are not a commercial participant in the venture but revert
to their regulatory and advisory role.
3. Current farmers team up with Communities and Private Indigenous
Investors. (consotia).
The policy document
further states that- In all the options outlined above, assets will
be evaluated with current operators required to dispose their majority
shareholding to co-operating partners including communities; and
with all actors forming a joint management structure consistent
with sound business practice.
Selection criteria
for indigenous partners as stated in the policy include the following:
a) Demonstrable interest and experience in wildlife conservation;
b) Demonstrable capacity for business development and management;
and c) Ability to contribute to the asset base.
Contradictions
in Policy and Implementation
As I have already
alluded to, the policy and the indigenisation options are a basis
for sound business models as well as sustainable conservation approaches.
The proposed selection criteria for the new indigenous partners
are also sound enough for bargaining purposes as far as I am concerned.
So what went wrong?
According to
the plan for implementation of this policy, the following procedure
was provided for, and I quote:
- All conservancies
were to be acquired and become state land except BIPA properties
- A due diligence
was then to follow on each acquired property
- Invitations
for expression of interest from consortia and interested parties
were to follow; and
- Consortia
were to be selected based on the selection criteria for each conservancy,
and then the selected would be allocated Offer Letters.
None of the
above was actually implemented.
The fact that
it took almost a decade before the recent developments on Save Valley
Conservancy unfolded says to me that both Government and current
conservancy property holders were unable, for some reason or reasons,
to act upon and take advantage of the positive elements of the policy.
Either party could have focused on any of their preferred option
out of the three. Moreover, effort was needed to go into identifying,
promoting and encouraging black investors. Both parties could have
invested time and effort in identifying appropriate black investors
who met the stated criteria. Moreover, it would have made even more
sense for both entities to explore the indigenisation options that
emphasise community participation. That did not happen either to
a scalable level over the entire 10-year period. In the end it was
left to the predictable competition and contestation between current
powerful BIPA protected foreign white investors and local white
owners on one hand, and the politically powerful provincial black
elite. The final outcome of this contestation is still to been seen.
However, the long-term solution lies in broadening the scope of
the conservancies through expanding community participation.
Community
Participation is the future
Zimbabwe has
3 decades of experience with the Communal Areas Management Programme
for Indigenous Resources (CAMPFIRE) programme. From that experience
the model can be improved further into establishing more self-reliant
Community Trusts with sufficient autonomy from the Rural District
Councils (RDCs) who, in my opinion, should play a facilitating and
regulatory role rather than as a business player. Conservation strategists
have proved that the Save Valley Conservancy, as an example, can
expand in physical size by crafting community held land and resources
into the conservancy. It is then conceivable that the conservancy
would eventually 'merge' with Gonarezhou National Park in the south,
which in turn is conceivably linked to the inter-country transfrontier
conservation areas. Going beyond Save, the southern and south-western
parts of Zimbabwe can eventually share transfrontier boundaries
with such prospects as the Greater Limpopo, Kazaand Mapungubwe Transfrontier
Conservation Areas. The scope for tourism and related business for
Zimbabwe and Southern Africa are enormous. I, however, do not see
how this potential can be harnessed to the optimum through large-scale
commercial interests alone (be they foreign, indigenous, or a combination)
without significant community engagement and participation.
According to
reasonably reliable press and other reports, the recent developments
at Save Valley Conservancy have had a mixed reaction in Cabinet
and there is a talk of 'nationalising' the conservancy into a national
park. This may well be a practical political solution on the one
hand, yet not an optimal economic solution on the other. In terms
of business options, the nationalization solution sounds like a
lose-lose solution for the contesting parties who up to now have
failed to negotiate a win-win solution.
Going back to
my proposed long-term solution, I would say that community participation
also requires comprehensive planning and investment in terms of
capacity. There is need to refine and regularise the relationships
between Rural District Councils and Community Trusts moving forward.
There is need for the RDCs and Community Trusts to enter into a
Memoranda of Understanding with respective conservancies so as to
formalize roles and responsibilities around the commercial undertakings
they enter into with these conservancies. There is need to build
the capacity of communities to establish viable Community Trusts
with capabilities in both social and business entrepreneurship.
The Community Trust should be established on the basis of a much
broader community vision and plan for development, and not restricted
to business participation and share ownership. The Community Trust
assumes all fiduciary responsibilities for the rural community it
represents. Community Trusts need to enter effective management
agreement with their business partners.
Conclusion
The Wildlife
Based Land Reform Policy is still in force, as far as I know, and
has not been repealed by Cabinet. I believe therefore that there
is room to revisit the policy and its implementation strategy with
the view to sharpen the indigenization options so that the three
potential participating groups can find legitimate expression. The
3 groups are: the existing white property holders; prospective new
black investors (or consortia) who meet the criteria; and surrounding
communities who can invest in land and local resources. It is prudent
in my opinion that the former two find ways of establishing business
partnerships that in turn invest time and effort into establishing
broad-based business and social partnerships with neighbouring communities.
After all, community participation offers more potential benefits.
The prospects for both economic and social impact are greater. These
communities historically had strong relationships with the wildlife
anyway. It was part of African culture and heritage to have a symbiotic
relationship with wildlife. In folklore, mythology and traditional
religions, wildlife is the most significant inherited form of relationship
with nature that defines family, clan and ancestral identity. The
traditional beliefs in the sacredness of wildlife should be re-invented
by once again formalising the relationship between communities and
wildlife. This is a more effective and least-cost means of conservation
because enforcement against poaching does not require a plethora
of laws, regulations and game wardens. Rather the people's beliefs
and conscience is a far better policeman and deterrent. By expanding
conservancies through the incorporation of neighbouring communities,
the potential of expanding options beyond consumptive tourism towards
more cultural, photographic and other non-consumptive forms of tourism
are greater. The prospects for more effective integration with transfrontier
conservation efforts are also greater. These, in my opinion, are
the principles that should guide Zimbabwe's strategic vision for
conservatives moving forward.
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