Legislation

NATIONAL LEGISLATION ON CLIMATE CHANGE

The Zimbabwe Constitution

Section 73. Environmental rights

Ownership of natural resources

  1. Every person has the right-
    • to an environment that is not harmful to their health or well- being; 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-
  • Promote conservation; and
  • Secure ecologically sustainable development and use of natural resources while promoting economic and social development.
  1. The State must take reasonable legislative and other measures, within the limits of the available to it, to achieve the progressive realization of the rights set out in this section.

Environment Management Act: Environment Impact Assessment

The Environmental Management Agency formulates quality standards on air, including GHGs. It assist with ‘managing’ the environment by developing a national plan, regulating and monitoring the discharge or emission of GCG and carrying out many other environment related duties and functions as directed by the Minister.

The Environmental Management Board consists of 19 to 15 members appointed by the Minister after consultation with the President. There should be at least one expert from each of the following areas: environmental planning and management; environmental economics; ecology; pollution; waste management; soil science; hazardous substances; water and sanitation. One shall be a legal practitioner registered in terms of the Legal Practitioners Act and another Secretary for the Ministry responsible for the environment.

Energy Regulatory Authority Act NO. 3 OF 2011

The act establishes the Zimbabwe Energy Regulatory Authority (ZERA)’ which regulates the procurement, production, transportation, transmission, distribution, importation and exportation of energy derived from any energy source. The authority is responsible for promoting renewable energy.

The Energy Regulatory Board which controls and manages ZERA was also established under this Act. The Act provides requirements, processes and rules related to energy source licensing. The Energy Regulatory Act Amends the Electricity Act of 2002 and the Petroleum Act of 2006.

Civil Protection Act

Provides for establishing civil protection organization funding and the operation of civil protection services in times of disaster.

Urban Councils Act

Empowers urban councils and municipal boards to enact by-laws that regulate the collection and disposal of waste within their areas of jurisdiction.

Rural District Council Act

Empowers rural district councils to enact by-laws that regulate the collection and disposal of waste as well as the preservation of forests within their areas of jurisdiction.

 

INTERNATIONAL INSTRUMENTS RATIFIED BY ZIMBABWE

 

Name of Instrument/framework Area of focus Status
United Nations Framework Convention on Climate Change  (UNFCCC), 1992

 

 

 

 

Stabilizing GHG concentration in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system Since 1995, it has organized annual COPs.

 

Signed and ratified 1992

 

 

 

 

 

UN Convention to Combat  Desertification (UNCCD), 1994

 

 

 

 

 

Combating desertification and mitigating the effects of drought through national action progrrammes that incorporate long-term strategies supported by international co-operation and partnerships.

 

 

Ratified 1997

 

 

 

 

 

 

The Kyoto Protocol  (signed in 1997 and entered into force 2005)

 

 

It established procedures to increase the flexibility and the reduce GHG emissions

 

 

Ratified 2009

 

 

 

Vienna Convention for the  Protection of Ozone layer (1987) and the Montreal Protocol on Substances that deplete the Ozone Layer( 1990)

 

 

 

 

Protecting the ozone-depleting substances.

 

 

 

 

 

Acceded November 1992

 

 

 

 

 

Rio Declaration on Environment and Development< 1992

 

 

 

 

 

 

Defined people’s rights to development and responsibilities for safeguarding the common environment. Long-term economic progress is linked to environmental protection. Enact of effective environmental legislation by states

 

 

 

Not applicable

 

 

 

 

 

 

 

 

Continental and Regional Instruments and Framework on Climate Change

Name of Instrument/Framework Area of Focus Date signed/ratified
African Convention  on the Conversation of Nature and Natural Resources, 1969

 

 

Adopting, measures to ensure the conservation’ utilization and development of soil, water, flora and fauna resources

 

Unratified

 

 

 

The AU Agriculture on Climate Change Adaptation and Mitigation Framework August, 2011

 

 

Climate change, environment and mitigation issues

 

 

 

Signed August 2011

 

 

 

Gaborone Declaration on Climate Change on  Africa’s UNEP,2013

 

 

Coordinating ,facilitating ,harnessing and strengthening the exchange of information and knowledge for climate change adaptation

 

Signed 2013

 

 

 

Southern Africa Sub-Regional Framework on Climate Change 2010

 

 

 

Streamlining climate change responses at sub-regional level

Prioritizing adaptation and migration strategies

 

Not applicable

 

 

 

 

Climate Change Adaptation In SADC

 

 

Water sector

 

 

SADC Action Plan On Climate Change

 

 

Mitigating climate change effects in the energy sector

 

 

Not applicable