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118/119 Biodiversity and Tropical Forest Assessment for Angola

118/119 Biodiversity and Tropical Forest Assessment for Angola

118/119 Biodiversity and Tropical Forest Assessment for Angola

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Legal Framework Related to the EnvironmentMost of <strong>Angola</strong>’s legal environmental framework dates back to colonial times. Laws areincompatible with <strong>Angola</strong>’s status as an independent <strong>and</strong> democratic country <strong>and</strong> do notincorporate the advancements in conservation <strong>and</strong> environmental management thinkingthat have taken place over the past four decades.The country has ratified several international conventions <strong>and</strong> protocols that have abearing on the environment:• Convention on Biological Diversity (1998)• The United Nations Convention on the Law of the Sea (1990)• International Treaty on Plant Genetic Resources (2006)• United Nations Convention to Combat Desertification (2000)• Convention on the Conservation of Migratory Species (2003)• Convention on International Trade on Endangered Species (CITES; 2001) 1• International Convention on Pollution Prevention by Ships (MARPOL 73/78)• International Convention on Cooperation <strong>and</strong> Combat against (shipping) Pollutionby Hydrocarbons• United National Framework Convention on Climate Change (UNFCCC; 2000)• The Kyoto Protocol (2007)<strong>Angola</strong> has also signed a number of regional <strong>and</strong> continental environment-relatedprotocols <strong>and</strong> conventions, <strong>and</strong> is drafting a new constitution. Many of the provisionsfrom the current constitution are likely to be carried over to the new constitution. The1992 constitution states:“All natural resources existing in the soil <strong>and</strong> subsoil, in internal <strong>and</strong> territorial waters,on the continental shelf <strong>and</strong> in the exclusive economic zone shall be the property of theState, which shall determine under what terms they are used, developed, <strong>and</strong> exploited.“The State shall promote the protection <strong>and</strong> conservation of natural resources byguiding the exploitation <strong>and</strong> use thereof <strong>for</strong> the benefit of the community as a whole.“All citizens shall have the right to live in a healthy <strong>and</strong> unpolluted environment.The State shall take the requisite measures to protect the environment <strong>and</strong> nationalspecies of flora <strong>and</strong> fauna throughout the national territory <strong>and</strong> maintain ecologicalbalance.”The <strong>Angola</strong>n Environmental Framework Law of 1998 is the overarching instrument <strong>for</strong>the implementation of the constitutional provisions. Article 13(1) prohibits “allactivities that threaten the biodiversity, conservation, reproduction, quality, <strong>and</strong> quantityof biological resources … especially those threatened with extinction.” The regulatoryframework <strong>for</strong> the application of the law is incomplete or inadequate. This isparticularly important in the case of regulations pertaining to environmental impactassessments.1 Since the ratification <strong>and</strong> adoption of CITES have not yet been published in the Official Diary, its legal status is inlimbo.<strong>118</strong>/<strong>119</strong> BIODIVERSITY AND TROPICAL FOREST ASSESSMENT FOR ANGOLA xi

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