Public participation in law making vital

I had the opportunity to participate in public consultations conducted by the parliamentary portfolio committee on environment, climate, wildlife, and tourism in Gokwe, Matopos, Tsholotsho, Hwange, Binga, and Victoria Falls from July 8 to 15.

Representing the Zimbabwe Environmental Law Association with support from the Zimbabwe Accountability and Citizen Engagement (Zimace) project, my participation was in support of the consultations, which are grounded on the principle that all individuals have the right to voice their opinions on decisions that directly impact their lives.

The Zimace project seeks to stimulate citizens, government, civil society, and private companies to take collective or individual actions to address environmental, social, and governance issues affecting the mining and water sector amidst the current climate.

Public consultations on Bills are, therefore, a vital form of public participation in the law making process, allowing citizens to provide feedback and express their views on specific laws or policies.

Attending consultations on the Parks and Wildlife Amendment Bill, which was gazetted in April this year was an enlightening experience as it highlighted the concerns of communities living adjacent to wildlife areas.

Stakeholders, including community members, raised critical issues such as the need for effective community participation in the law making process, youth involvement, human-wildlife conflict, mining in protected areas, and proposed changes to the quota system.

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These contributions and recommendations are crucial to ensure a robust and effective Act.

I address these issues in more detail below.

One of the issues raised was limited access to the Bill before the public consultations.

Effective participation in the process is determined by the ability of communities and other stakeholders to comment and make submissions based on what is or what is not in the Bill.

As such, access to Bills for communities should be enhanced.

This entails availing abridged copies of the bill in local languages to enable communities to effectively participate in the process.

Holding sensitisation meetings before consultations are carried out is also a crucial part of the process to debunk some technical aspects and provisions, for example, appropriate authority and delegated appropriate authority are technical but critical issues that need community contribution.

Therefore, civil society organisations in must play a fundamental role in raising awareness on any proposed laws.

This was done by the Zimbabwe Environmental Law Association which was able to sensitise communities in Binga before the consultations started and raising the awareness of communities on the importance of their participation in the process through a community radio program.

Another issue that was raised was the human wildlife conflict relief fund, which was applauded as a welcome development.

Community members confirmed that lives have been lost, and some have been injured permanently from animal attacks.

To make matters worse, human wildlife conflict continues to be exacerbated by the effects of climate change.

Among the pain points was the loss of livestock by communities to wild animals, which often means that parents are not able to pay school fees for their children as livestock represents wealth in Zimbabwe and communities often dispose them to buy food and pay fees. 

It was, therefore not a surprise to hear community members applauding the establishment of the human wildlife conflict relief fund, a conflict which threatens the enjoyment of fundamental rights.

However, the caveats of the fund were not ignored as it was noted that it does not cover relief for crop destruction and livestock killed by wildlife which impacts household food security and income.

Communities also recommended the consideration of compensation for crop destruction and livestock lost as well as the administration of the fund at district level.

Attendees also raised mining in protected areas as a topical issue, noting that although mining contributes significantly to national gross domestic product, economic and social development must not be achieved at the expense of environmental protection.

 Sustainable development is enshrined in the Zimbabwean constitution and is the basis for the country’s development pathway which includes Vision 2030 and national development plans.

 Therefore, considering the country’s mineral wealth and rich biodiversity, it is important to ensure that biodiversity and life supporting ecological processes are not compromised and neither is its ability to derive sustainable growth and development from its incredible mineral wealth.

 Communities requested for clarity on the issue of mining in protected areas, especially the procedure to be followed for one to get a licence to prospect or mine in a protected area.

This discussion also referred to the Mines and Minerals Act, which is under review and underlined the need to harmonise the Parks and Wildlife Act and the Mines and Minerals Act.

As I attended consecutive hearings, I noticed that despite youths having a fundamental role to play in wildlife conservation, there was generally low participation of young people in all areas, except Sebakwe, Gokwe, Tsholotsho and Matopos where the Zimace project supported youths to participate in the public hearings.

Highlighting the need to raise awareness on the importance of youths to participate in such processes, young people who attended in Matopos and Hwange managed raise the issue of human wildlife conflict, detailing how it affects children who are even afraid to go to school in fear of being attacked by wild animals.

I also noted that the Bill proposes formalization of the existing system of allocation for quotas for hunting of animals and for other consumptive profitable and management activities.

It also provides for the private donation of animals outside of Zimbabwe, conferment of delegated appropriate authority status to communities, ownership of wildlife and criminally penalising the hunting in and removal of animals or animal products from recreational park and sale of animals or animal products.

Key takeaways:

• The need for more sensitisation of communities before public consultations are done. It is crucial that communities are informed about proposed laws and their implications before they participate in consultations.
• The importance of abbreviated versions of the bill being transcribed into local languages. This will help ensure that all community members can understand the bill and participate effectively.
• The need for enhanced participation of youths in public hearings and deliberate inclusion of youth representation in the Authority’s board.
• Consideration of compensation of communities for crops and livestock destroyed because of human wildlife conflict.

 Hazel T Chimbiro