ZIMBABWE’S ENVIRONMENTAL GOVERNANCE, CLIMATE CHANGE AND PROTECTION

Lenin Tinashe Chisaira

 

ABSTRACT

The anthropological era and its climate-induced disasters, unsustainable extractive industries, unequal development, shortages, environmental degradation, energy crises and lack of transparency has begun to hit Zimbabwe with higher frequencies than in the past. In 2019 there was massive devastation and loss of life, property, social and human wellbeing as a result of Tropical Cyclone Idai. Meanwhile Zimbabweans continue to beg for answers over lack of socio-economic benefits from diamond, land and wildlife deals.

There have also been low green economy innovations in Zimbabwe and general lack of preparation for climate change mitigation and adaptation technologies. The most affected are working people and rural folks in resource-rich districts as well as those in climate disaster vulnerable regions.

The paper makes an inquiry into the efficiency and adequacy of human rights and environmental policies in Zimbabwe with a particular emphasis on the Constitution of Zimbabwe, Zimbabwe Climate Change Response Strategy, Energy Policy and the Transitional Stabilisation Program (TSP).

The research methodology consists of research and analysis of statutory and treaty provisions, contemporary events, scientific and regional policy documents. The researcher adopts a critical and multi-disciplinary approach to the subject since it encompasses the link between environmental policy, geography, public policy and the law. The media usually covers the plights of vulnerable communities. The lived realities are contained in international treaties and Zimbabwe’s policies and regulations. The potential for adequate human rights protection in however vitiated by institutional challenges, inefficiency and systemic corruption. The research reflects on solutions for proper environmental, climate and resource governance in Zimbabwe.

1. INTRODUCTION

The tales of environmental degradation, continued use of fossil fuel energy, pollution, small scale miner and miner worker labour violations and a season of climate-induced disasters in the anthological era have begun to hit Southern Africa and Zimbabwe with a higher frequency than the past. In 2019 there was massive devastation and loss of life, property, social and human wellbeing across Southern Africa as a result of Tropical Cyclone Idai. The most affected parts of the region were the States of Mozambique, Malawi, Zimbabwe and South Africa.

This paper makes an inquiry into the efficiency and adequacy of Zimbabwe’s environmental and human rights framework with a particular emphasis on people’s demands for a viable and sustainable way forward out of the ecological quagmire. Zimbabwe’s environmental degradation and injustices take place in the backdrop of an abundance of domestically ratified regional and international treaties. The most critical of these being the United Nations Framework Convention on Climate Change (UNFCCC), Ramsar Convention on Wetlands and the UN Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). National policies and laws support these treaties . The most significant of the local laws are the Environmental Management Act, Parks and Wildlife Act, Water Act, Rural District Councils Act, Forest Act and the Communal Lands Forest Produce Act. There are also State policies that were developed to give a view of the state plans for various sectors of the environment and natural resource protection. In August 2019 the State issued the National Renewable Energy Policy to join related policies such as the National Climate Change Policy, Energy Policy, Environmental Policy and the National Climate Change Response Strategy. The implementation of the latter is, however problematic and at present not immensely beneficial to the people and citizens.

In developing this paper, the research methodology consists mainly of legal research and analysis of statutory and treaty provisions, contemporary events, scientific and regional policy documents. The researcher adopts a critical and multi-disciplinary approach to the subject since it encompasses the link between geography, policy and the law. The rights of the ordinary citizen, and especially of vulnerable and disaster-displaced communities are contained in international treaties as well as in municipal laws and policies — the potential for adequate human rights protection in however vitiated by institutional challenges, inefficiency and systemic corruption. The legal research reflects that recent disasters have exposed gaps in the protection of the human and environmental rights of communities, despite the otherwise abundance of sources of legal and policy stability.

2. BACKGROUND

Zimbabwe contains some of the most valuable natural resources around the world. Minerals are abundant; for instance, gold, diamonds, platinum group metals. The country is also home to one of the largest wildlife parks in Sub-Saharan Africa, with the main ones being the Hwange, Mana Pools and Gonarezhou National Parks. The latter is part of the Greater Limpopo Trans-Frontier Park.

As an overview, Statistics indicate that the majority of the population have much dependence on subsistence farming, including dryland cropping, extensive cattle and small stock rearing as well as the operation of conservancies. The rural communities are in dire need of continuous improvement on their livelihoods and this can be alleviated by sustainable environmental, wildlife management and climate change resilience.

Communities in rural Zimbabwe need sustainable management models and capacitation to be better informed and structured. The empowerment can entail facilitating their involvement in the management of natural resources management and the utilisation of income from such control for improved living standards and improvement of community resilience to climate change and drought.  At the moment, natural resources are profoundly affected by habitat loss and pollution. The unsustainable decrease in natural resources translates to the loss of biodiversity, depressed economic potential and ecosystem instability and these have a dire impact on community wellbeing and ultimately involvement in governance.

On the broader governance framework, Zimbabwe attained a new Constitution in 2013. The Constitution has an array of progressive provisions that could be utilised for sustainable natural resources use. The Constitution provides that that every person has ‘the right to an environment that is not harmful’ to their health and wellbeing, and to have the environment protected for the benefit of present and future generations, through reasonable legislative and other measures that prevent pollution and ecological degradation, and promote conservation[3]. There is a need to harmonize existing natural resources management laws in line with the supreme law of the land. This will ensure that there are coherence and inclusivity in the management of natural resources. Relevant Institutions and agencies require realignment to provide the clarification of their mandates. Realignment also catalyzes the readjustment of these institutions and agencies for more efficient and beneficial management in marginalised and dry areas such as the South-East Lowveld.

Zimbabwe and Southern Africa are part of the regions of the world that will continue to face natural disasters such as floods, cyclones, tropical storms, diseases and droughts. These have the potential to drive people away from their traditional homesteads and communities in flight from disaster vulnerable localities. Furthermore, these natural disasters pose specific threats to fundamental human and environmental rights such as the right to life, emergency healthcare, a safe environment as well as socio-economic rights such as access to adequate food, water, education and economic livelihoods.

In addition to natural disasters, the mining and extractives environment has borne the worst brunt. Mineworkers around the world have long been part of a highly exploited class of workers. Furthermore, they generally carry out one of the most dangerous and environmentally and hazardous to health jobs in the world.  Mineworkers are part of a system where they have to work for multinational companies. The economic relationship is happening at a time when international investment laws and international human rights law has yet to come up with a binding legal framework biding multi-national companies. In 2019 alone Zimbabwe faced the Battlefields Mines Disaster.[4]The discovery and rush for diamonds in the Manicaland province of Zimbabwe, brought with it the reports of massive human rights violations, first of the ‘illegal’ diamond miners and subsequently of the formally employed workers. There have also been trade union reports pointing to assault of mineworkers by employers, the latter being mainly of Chinese nationality[5].

Illegal wildlife trade and human-wildlife conflict instances are some of the blights on the country’s environmental scene. Rural people, as is wildlife, are equally dependent on water, forest produces, land and natural supplies for domestic needs. This brings up conflict for the use of limited resources. Therefore, to reduce the adverse effects on humans and natural resources, strategies from the grassroots should consider reducing human-wildlife conflicts to speed up the attainment of sustainable conservation of wildlife.

3. THE NATIONAL LEGAL FRAMEWORK

 

The national legal framework concerning Zimbabwe’s environmental governance, climate change and protection  consists of various pieces of legislation with the main ones being the Constitution of Zimbabwe^[6] and the Environmental Management Act^[7]. These will be explored. The two critical enactments are bolstered by the Parks and Wildlife Act, Rural District Councils Act, Forest Act, Water Act, Traditional Leaders Act, Urban Councils Act, and the Mines and Minerals Act^[8] among others. The Constitution of Zimbabwe buttresses all existing legislation by providing for human and environmental rights that can be claimed by every person that is directly or indirectly affected by environmental decisions.

3.1.  The Constitution of Zimbabwe

The Zimbabwean Constitution is one of the newest in the world, and has some very progressive clauses, on top of being the supreme law of the nation.^[9] The Constitution for the first time provides for the right of every person to an environment that is not harmful to health, and that takes into considerations ecologically sustainable development and use of natural resources while promoting economic and social development.^[10] If utilised well, this would be the backbone of responsible green governance in Zimbabwe since natural resources would be used in a considerate manner that advances the people’s social and economic livelihoods.

The objectives of the 2013 constitution present immense possibilities for a clear responsible investment. The Constitution state that Zimbabwe is founded on values and principles[11] that includes the following:

• Fundamental human rights and freedoms;
• Recognition of the inherent dignity and worth of each human being;
• Recognition of the equality of all human beings;
• Gender equality;

These values and principles are backed up by progressive provisions in the National Objectives and in the Declaration of Rights. The national Objectives are meant to ‘guide the State and all institutions and agencies of government at every level in formulating and implementing laws and policy decisions that will lead to the establishment, enhancement and promotion of a sustainable, just, free and democratic society in which people enjoy prosperous, happy and fulfilling lives.’[12]

The specific National Objectives[13] which have a bearing on responsible green governance include the objectives of fostering of fundamental rights and freedoms which in essence promotes the realisation of the rights outlined in the Declaration of Rights and which will be discussed later. The objectives also include the attainment of national development; the preservation of traditional knowledge including knowledge  of the medicinal and other properties of animal and plant life possessed by local communities and people and last – but not least – national objective is on the need for the State to ensure that all international conventions, treaties and agreements to which Zimbabwe is a party are incorporated into domestic law.

The Constitution contains a very comprehensive Declaration of Rights that protects the rights of every person such as labour rights^[14], access to information^[15], administrative justice^[16], environmental rights^[17], and freedom from arbitrary eviction, health care^[19] as well as food and water.^[20] These rights can quickly be overrun by business operations in an environment where investors are not socially responsible. This overrunning has already been observed in areas such as Marange (diamond extraction), Chisumbanje (ethanol production), Shurugwi (gold and chrome mining), Mutoko (granite mining) and Zvishavane (platinum and other minerals).

3.2. Environmental Management Act

The Environmental Management Act establishes the Environmental Management Agency, provides for principles of ecological management and outlines the environmental rights of every person. In essence, the Act guarantees every person the right to live in a clean environment that does not cause harm to health. The Act also provides that it is the right of every person to protect the environment for the benefit of present and future generations. It is the further duty of every person, in terms of the legislation, to participate in the implementation of reasonable legislative policy and measures that prevent pollution and environmental degradation, as well as measures that secure ecologically sustainable management and use of natural resources while promoting justifiable economic and social development.^[22]

 

4.     THE PROBLEMS OF CLIMATE DISASTERS AND INTERNAL DISPLACEMENT

Southern Africa in general and Zimbabwe has experienced climate-induced disasters in recent years, with the most significant being Cyclone Idai of 2019. Zimbabwe and SADC are in one of the world’s regions that are going to be adversely affected by climate change in that regard people should expect to experience more storms, cyclones, heatwaves, droughts, disease and other harmful disasters. As the paper will recommend later, there is a need for information sharing on disaster management laws and response mechanisms. Information sharing between States in the region is also vital to ensure that there are viable early warning system s and robust disaster response mechanisms. In the recent disaster, we have seen the South African National Defence Force assisting Malawi and Mozambique but not in Zimbabwe.

In 2016, SADC Ministers adopted a Regional Disaster Preparedness and Response Strategy. However, there have been delays in establishing a regional fund to deal with disasters. There have also been lukewarm efforts towards coming up with an effective regional Protocol on Disaster management.

The presence of disaster-related laws at the national level, for instance, the Civil Protection Act in States such as Zimbabwe is however vitiated by time-lapse. The composition of civil protection units needs to be revisited. Structures such as the army, police, prisons and Red Cross need to be supplemented by local structures such as community-based groups, faith groups and traditional leaders especially in the rural areas where the effects are most severe to ensure realistic information dissemination. Global initiatives such as the Sendai Framework for Disaster Risk Reduction 2015 – 2030 is evident in Article 24 (c.) that there is need for stated ‘to develop, periodically update and disseminate, as appropriate, location-based disaster risk information, including risk maps, to decision-makers, the general public and communities at risk of exposure to disaster in an appropriate format by using, as applicable, geospatial information technology.’

The lack of readiness to deal with disasters in the region, which is continuously being exposed also leads to violations of various human and environmental rights. Huma and animal welfare and lives remain vulnerable to inevitable disasters that will befall the region in the time of climate change.

5. WATER CRISES 

Water shortages have become a part of Zimbabwean lifestyle, especially in urban areas. Bulawayo, the second-largest city, faces a lot of environmental challenges which include water and air pollution, poor solid waste disposal, deforestation and land degradation. Due to low rainfall amount in 2018, the city has been affected by acute water shortages. The Bulawayo City Council introduced a water-shedding programme where residents were notified that water would be rationed for less than 48hours, which lasted for a few weeks. With effect from July, residents were advised that the rationing programme was to be reintroduced to 96 hours due to the rehabilitation of the Criterion treatment plants. One should note that the disruption of water supplies in most areas in Bulawayo had a negative effect as residents were forced to fetch water in unreliable sources, which poses a health hazard to residents. Most women and girls spent hours queuing for water.

Ongoing power challenges in Bulawayo and elsewhere have led to residents resorting to firewood as a source of energy for cooking as other alternatives such as solar and gas are beyond the reach of many. The environment has suffered immensely as trees are being cut down daily. It is important to note that cutting down of trees harms the ecological system

 6. AN OVERVIEW OF THE STATE OF EXTRACTIVES, MINING AND MINE LABOUR IN ZIMBABWE

Zimbabwe has gone through a deteriorating human and economic situations. The financial crises have had a toll on the majority of the workers. With rising levels of unemployment, it becomes almost suicidal to demand adequate protection of human and labour rights in the mines. The root of the gross human rights violations in the Chiadzwa diamond fields arose from the infamous days of Operation Chikorokoza Chapera in 2006. The Operation was a security clampdown on illegal diamond miners in the wake of a momentous diamond rush. Human rights reports highlight Operation Chikorokoza Chapera in the following terms:

The operation was marked by human rights abuses by the police, as well as corruption, extortion, and the smuggling of diamonds. Police coerced local miners to join syndicates that would provide the police with revenue from the sales of diamonds that the miners found. In seeking to end illegal mining and maintain control of the fields, police engaged in killings, torture, beatings, and harassment of local miners in Marange, particularly when police “reaction teams” carried out raids to drive local miners from the diamond fields[23]

The formalisation of the diamond mining industry involved registration of joint venture mining companies under the control of the government, security arms of the state and multinational companies. Most human rights complaints during this period[24] came from the mineworkers at the Jinan and Anjin Mines. These were subsidiaries of a Chinese multinational Anhui Foreign Economic Construction Company (AFECC).In the period before mining company licenses were cancelled in 2016, the primary cause of mining accidents were shoddy environmental protection and rehabilitation policies by profit-seeking mining companies. Injuries and fatalities reported in Zimbabwe’s mines were caused by poor engineering designs in functional mines and inadequate rehabilitation of disused shafts, leading to the death of ‘illegal’ miners. Workers are exposed to dust, silica and harmful chemicals like mercury as well as being forced to work in claustrophobic shafts with poor lighting, poor ventilation and poor water pumping systems.

In terms of statics, in 2013 there were 530 injuries within the mining and quarrying workers in Zimbabwe[25]. Due to the scarcity of information, there are no verifiable figures for injuries or fatalities that are unique to the diamond mining areas. The overall deaths in the mining and quarrying sector went to 65 between 2010 and 2014[26]. In 2016, however, the government consolidated the diamond fields under a new company known as Zimbabwe Consolidated Diamond Company (ZCDC),

The legal and policy framework governing the rights of mineworkers in Zimbabwe is much intensive, in addition to the general environmental rights outlined above. It is the implementation that is problematic. Zimbabwe, as a resource-rich nation, is beginning to make strides towards an alignment of the forces fighting for labour justice with the ones fighting for environmental justice. The local ecological justice movement is noticeable mainly, but there is no tangible solidarity between the labour and environmental justice movements. This lack of cohesion between such forces can be a weak link to the promise for a sustainable future for humanity.

The laws governing mine workers include the 2013 Constitution of Zimbabwe, Labour Act. The Constitution of Zimbabwe[27] provides for some progressive and extensive labour rights. Every person is guaranteed the ‘right to fair and safe labour practices and standards and to be paid a reasonable wage.’[28] Furthermore, the constitution also guarantees the ‘right to participate in collective job action, including the right to strike, sit-in, withdraw their labour and to take other similar concerted action.[29]

The Constitution is supported by the Labour Act[30] whose primary objective is the promotion of social justice in the workplace and clarifying the constitutional fundamental rights and duties of employees and employers. The workers also have environmental rights, as outlined above,  that are guaranteed by the 2013 Constitution and the Environmental Management Act[31].

At the international level, Zimbabwe is part of various International Labour Organisation’s conventions as well as the International Covenant on Economic Social and Cultural Rights. These laws provide for environmental justice in the workplace. Article 7 of the ICESCR provides:

The States Parties to the present Covenant recognize the right of everyone to the enjoyment of just and favourable conditions of work which ensure, in particular, safe and healthy working conditions[32]

The labour rights of mineworkers in Zimbabwe are at their lowest in line with the deterioration of the economy. While mine workers do not fare well even in neighbouring countries such as South Africa, industrial action in that country saw some improvement in terms of wages and working conditions since the Lonmin Marikana Mine’s workers massacre of August 2012. Despite the hardships, however, the importance of safeguarding labour rights cannot be overstated. In a research on responsible investment in the Zimbabwean mining sector, the authors noted that, ‘there cannot be responsibility in investment if human capital in terms of labour is not adequately catered for.’[33]

Mineworkers need to utilise their human right to collective bargaining and freedom of assembly and association and hence come up with a practical and unified trade union. In 2019, mine workers in Zimbabwe are organised within too many trade unions, and these are ostensibly at loggerheads with each other. At the moment mine workers are organised into the National Mine Workers Union of Zimbabwe (NMWUZ), Associated Mine Workers Union of Zimbabwe (AMWUZ) and the Zimbabwe Diamond Workers Union (ZIDAWU). NMWUZ is an affiliate of the Zimbabwe Congress of Trade Unions (ZCTU) while ZIDAWU was formed in August 2012 and registered as a trust.

7. THE WAY FORWARD FOR ENVIRONMENTAL GOVERNANCE, CLIMATE CHANGE AND PROTECTION  

 

The paper has established that there is considerable legal and policy framework at the national stage to manage environmental degradation, mining disasters, illegal wildlife trade, and on preventing the future incidences of climate-induced displacements and the creation of ecological, disaster or climate refugees. Some of the critical ways forward are as follows:

 

7.1. The inclusion of minority and vulnerable lesser-developed communities in environmental policy

The struggle for the full recognition and protection of human rights and especially the oft-side-lined economic and environmental justice rights is a critical element of national development. This realisation has been remarkable, both throughout history and especially for indigenous and natural disaster-displaced peoples. Where natural disaster-displaced rights have been suppressed as was the norm in the past decades, the social and political elites have always had to deal with an embarrassing backyard constituted by their peoples.  The ILO Convention Concerning Indigenous and Tribal Peoples in Independent Countries is very relevant in this regard, though a considerable number of African states has not ratified it. The Convention indicates that States have the ‘responsibility for developing, with the participation of the (tribal and indigenous) peoples concerned, coordinated and systematic action to protect the rights of these peoples and to guarantee respect for their integrity.’[34] To achieve this objective, the Convention calls for measures that minimize gaps ‘in a manner compatible with their (indigenous peoples’)aspirations and ways of life.’[35]

This provision is significant since the plight of indigenous and natural disaster-displaced communities, who are most instances are also the minority peoples is evident in the economic and developmental gaps that usually exist between these peoples and the rest of the populace in their respective countries.

Hence there should be a means of developing a legal and policy framework that recognizes the primary rights and expectations of the immediate natural disaster-displaced communities. This recognition is beneficial to society if done sincerely. Capitalist and neoliberal institutions have always been too aware of the importance of indigenous inclusion. Scholars such as Anthias and Radcliffe noted that at one point there was a belief even at the World Bank-level that the integration of ‘indigenous environmental knowledge and traditional resource management practices could be harnessed towards the achievement of conservation goals that would benefit not only indigenous peoples but all of humanity.’[36]

Regarding development, therefore, there is need to look at possibilities of law reform, empowerment and capacitating of communal groups and institutions as well as the protection of fundamental constitutional rights to public participation and consultation in regional and national river management.

7.2. Exploring greener alternatives to neo-liberalism in law and policy

The perpetuation and promotion of neo-liberal policy and law formulation within the post-colonial Zimbabwe States, while there is rampant poverty, highlights the need for an alternative environmental development and policy formulation pathway. The free market systems and neo-liberal economic and political governance systems have failed to deliver economic and environmental justice for most of the peoples.^[37] Hence there is the need for regional rebirth towards informed yet alternative pathways to the neo-liberal model.  The most obvious choices would be the developed of a participatory green economy that places people and planet ahead of profits.

7.3. Transparency and Political will.

The protection of the environment and natural resources requires political will and commitments from the central and local government as well as environmental institutions. Unchecked misuse of wildlife, wetlands and lack of political will to develop less pro-investor policies and more-pro-community laws and policies can be said to be one of the reasons for the perpetual poverty, corruption and disempowerment of most communities within Zimbabwe.[38]

7.4. Regional cooperation.

An important consideration is that Zimbabwe is an integral part of the regional body, the Southern African Development Community. There is a need for the experience sharing and adoption by the SADC states of best practices that can be employed to develop an environmental rights sensitive response to the plight of natural disaster-displaced communities within the SADC region. Such cooperation is per the principles of international law and can be a trigger for bilateral and multilateral development cooperation on related terms.

7.5. Empowerment of grassroots communities.

There are several community associations and cooperatives around Zimbabwe. These are mainly made up of farmers villages or fishing cooperatives. Laws can be used to empower these communities. Such ways can involver, amongst a host of other solutions, affirmative action to represent local community groups in local governance structures, as well as alleviating the economic burden on local economic groups by imposing affordable and just fishing and other permits for instance.

Empowering communities is one of the ways of ensuring that their vision for a sustainable and better environment is shared and achieved more straightforwardly.

Another critical initiative involves the participation of natural disaster-displaced communities in the law and institutional reforms at local governance levels. Change of district by-laws to include issues of transparency in contract negotiations with investors, as well as an encouragement of community participation in the formulation of district by-laws and budgeting systems is beneficial to the natural disaster-displaced peoples. consultation and free, prior informed consent initiatives will hence go a long way in catering to the concerns of natural resource-affected or resource-rich communities. The discussion and public participation ought to be tangibly adopted and committed to as part of national and international environmental management policy formulation.

 7.6. Building Labour Justice in the Extractives Sector

The extractives sector remains one of the most critical environmental areas, and mining labour is a significant feature. Mineworkers need to begin introducing campaigns for environmental justice within their advocacy for labour rights. To the great credit of the Citizens Manifesto movement, mineworkers and communities in Arcturus and Bindura have begun to conduct regular community assemblies and capacity building workshops. Historically, mine workers in Zimbabwe through these many trade unions were focusing on mere wage struggles and were not much concerned the environmental or the degradation caused by their labour-power. However, there is usually some connection when mineworkers fight for occupational health and safety (OHS) since OHS issues are environmental justice issues as well as labour rights.

For mineworkers themselves, the most viable and sustainable future for the mineworkers in Zimbabwe can be attained through collaboration with other groups who are courageously campaigning for environmental and economic justice in the mining and extractive sectors. These groups include mining community rights groups, environmental justice associations and even the so-called independent commissions like the Zimbabwe Human Rights Commission. But above all, mineworkers need to begin re-aligning their forces and working in harmony with each other as well as in solidarity with powerful mine unions beyond borders. The current divisions in Zimbabwe’s mining trade unions movement will not advance the cause of mine workers or the global campaigns for a world that is free from environmental degradation and human rights violations.

 7.7. Wildlife Conservation and Trade Transparency

The economic problems that have beset Zimbabwe since 1998 have had a nationwide toll on sustainable management of wildlife resources. The land reform program also resulted in the rise of rampant poaching, human-wildlife conflict as well as lack of transparency in the management of wildlife-associated revenue.

The most affected areas fall under natural Regions 4 and 5. Average annual rainfalls are between less than 450 and 650mm/year. The areas are characterised by semi-extensive and extensive farming. The lack of viable moisture causes the communities to turn to livestock rearing and wildlife for survival since crops are rarely sustainable.

In terms of poaching in the borderland areas, the phenomenon has been in two types: commercial and domestic. Domestic poaching is usually associated with the need to sustain the growing community’s livelihoods. Although law enforcement patrols attempt to control illegal hunting, the envisaged economic benefits from poaching are far higher than the costs associated with low probabilities of arrest or punitive fines; thus, unlawful hunting in the region is a persistent and widespread problem for animal conservation. Illegal hunting in the area is fueled by various factors such as the need for game meat for household consumption, income from commercial trade in wild animal products and at times, as revenge killing after livestock loss to large carnivores.

Most rural Zimbabwe has also experienced desertification. This has been mainly caused by the increase of newly-resettled people who clear available trees for firewood and construction. The loss of trees has destroyed wildlife habitat, soil erosion, siltation and general damage of the ecosystem

Following the land reform programmes at the turn of the millennium, wildlife conservancies in the region have not been spared from invasion. The varying levels of disturbance have undoubtedly adversely impacted on biodiversity in the country.

8.  CONCLUSION

In conclusion, the impact of environmental injustices in Zimbabwe will be solved by a change in the peoples’ attitude to ecological and natural resource management. The world is becoming more oriented towards a greener economy and greener politics, and that should be the focus for both the Zimbabwe elites and the grassroots.  The current community-based organisations, trade unions, environmental organisations and individual activists must hold the local and central governments accountable to ensure that resources such as wildlife and wetlands are protected.

AUTHOR BIO

Lenin Tinashe Chisaira is an environmental lawyer, researcher and activist. He has researched and presented on environmental and climate justice issues in Zimbabwe and beyond. He holds an LLB (Hons) from the University of Zimbabwe, an LLM in International Human Rights Law and Public Policy from the University College Cork, Ireland, a PGCert in Environmental & Natural Resources Law and an LLM in Economic Regulation from the University of London. He works with the People and Earth Solidarity Law Network (PESLawyers) and is a member of the Citizens Manifesto. Email: tinashe.chisaira@gmail.com; campaigns@peslawyers.org

[1] Paper developed for presentation at the National Citizens Convention, 22-23 August 2019, Harare, Zimbabwe

[2] LLB (Hons) (Zimbabwe); LLM International Human Rights Law and Public Policy (UCC, Ireland); PGCert in Environmental & Natural Resources Law (London); LLM Economic Regulation (London). Environmental Lawyer/Researcher at People and Earth Solidarity Law Network (PESLawyers)

[3] Section 73 of the Constitution of Zimbabwe

[4] See PESLawyers, Gold Capitalism and Disaster Preparedness in Zimbabwe: A Preliminary Report on the Battlefields Mines Disaster 2019. (PESLawyers 2019)

[5] Presentation by the National Mine Workers Union of Mine of Zimbabwe (NMWUZ) at the Zimbabwe Alternative Mining Indaba (Bulawayo: 2016)

[6] Amendment (No 20) Act,2013

[7] [Chapter 20:27]

[8] [Chapter 21:05]

[9] Sec 2 (1) of the Constitution

[10] Sec 73 of the Constitution

[11] Sec 3 of the Constitution

[12] Sec 8 of the Constitution

[13] See generally, Chapter 2 of the Constitution

[14] Sec 65 of the Constitution

[15] Sec 62 of the Constitution

[16] Sec 68 of the Constitution

[17] Sec 73 of the Constitution

[18] Sec 74 of the Constitution

[19] Sec 75 of the Constitution

[20] Sec 77 of the Constitution

[21] [Chapter 20:27]

[22] Sec 4 (1) (c) of the Environmental Management Act

[23] Human Rights Watch, Diamonds in the Rough: Human Rights Abuses in the Marange Diamond Fields of Zimbabwe( HRW 2009) p.19

[24] 2006-2016

[25] Percentage Distribution of Injured Persons by Age Group, 2013 (Source: NSSA/NMWUZ)

[26] Fatal Injuries by Industrial Sector, 2010 – 2014 (Source: NSSA/NMWUZ)

[27] Amendment (No 20) Act, 2013

[28] Constitution of Zimbabwe, Sec. 65 (1)

[29] As above, Sec 65 (3)

[30] [Chapter 28:01]

[31] [Chapter 20:27]

[32] Art. 7 (b) of the International Covenant on Economic, Social and Cultural Rights.

[33]  R Ndamba and LT Chisaira, Responsible Investment in The Natural Resources Sector: An Analytical profile of the Mining Sector in Zimbabwe (Zimbabwe Environmental Law Association, Harare 2016), p.26

[34] Convention concerning Indigenous and Tribal Peoples in Independent Countries (adopted 27 June 1989, entered into force 05 September 1991) ILO Convention 169 of June 27, 1989 [28 ILM 1382 (1989)], art 2 (1).

[35] ibid, art 2 (2) (c).

[36] P Anthias and SA Radcliffe, ‘The ethno-environmental fix and its limits: Indigenous land titling and the production of not-quite-neoliberal natures in Bolivia.’ (2015) 64 Geoforum, 257 at 260.

[37] MZ Phiri, ‘The political economy of Mozambique twenty years on: A post-conflict success story?’ 19 (2) South African Journal of International Affairs 223, p 224.

[38] A Arnall, ‘A climate of control: flooding, displacement and planned resettlement in the Lower Zambezi River valley, Mozambique.’ (2014) 180 (2) The Geographical Journal 141.

at 146.