118/119 Biodiversity and Tropical Forest Assessment for Angola

More documents

Recommendations

Info

A number of sector-specific legal instruments also have a bearing on the environment.Whereas some are relatively modern, such as the Biological Aquatic Resources Lawenacted in 2004, others are hopelessly outdated. The legal framework dealing withforests dates back to colonial times. New legal instruments for the sector are currentlyunder development by the Government of Angola (GOA) with assistance from the Foodand Agricultural Organization (FAO) of the United Nations.Protected areas in Angola were created during the colonial era. The current legal basisfor protected areas is provided by decree 43/77, which established the structure of theMinistry of Agriculture and defined five categories of protected areas: national parks,strict nature reserves, partial reserves, regional nature parks, and special reserves. Nocommunity-managed category is currently recognized.Article 10 of the Land Law, enacted in 2005, states that all natural resources are stateproperty and that the state’s rights over the land are not transmissible. Article 14establishes that the state can intervene in the management and concession of land for thepurposes of environmental protection, while Article 16 affirms that the occupation anduse of the land depends on a number of norms and standards for environmentalprotection, particularly with respect to the protection of landscape, flora and fauna, thepreservation of ecological equilibrium and the right of citizens to a healthy and nonpollutedenvironment.Other environmentally important sector specific legislation includes the Law onGeologic and Mining Activities, which gives the state the authority to suspend miningactivities that are harmful to the environment, and instructs concession holders toprotect the environment. Sanctions are seldom, if, ever applied in spite of miningpractices that are severely damaging to the environment.In summary:• The constitution recognizes the importance of the environment to the quality of life.• Angola’s legal environmental framework is transitioning from that of a colonial andwar-torn past to one of a more modern state.• Some legal instruments, particularly these pertaining to forestry and protected areasare outdated.• Regulations for the application of certain instruments (i.e., the Decree onEnvironmental Assessment) are lacking or deficient.• Sector specific regulatory instruments related to oil and mining cater for theprotection of the environment but are largely ignored by the mining sector.Institutional FrameworkThe Ministry of Urbanism and Environment (MINUA), established at the end of 2002,is responsible for formulating and executing environmental policy. The Ministry hastwo principal sub-structures: the National Directorate for the Environment (NDE) andthe National Directorate for Natural Resources (NDNR). The NDE is responsible forenvironmental education, environmental planning, environmental policing, and thedevelopment of environmental regulations. The NDNR is in charge of the protection offauna, flora, and habitat, for the regeneration of degraded areas, and supporting thecreation and management of conservation units.xii118/119 BIODIVERSITY AND TROPICAL FOREST ASSESSMENT FOR ANGOLA
While MINUA has legal jurisdiction over environmental matters, it has not assumed fullresponsibilities over important sectors of the environment. Furthermore, some of itsunits, such as the National Institute for the Conservation of Nature and the NationalInstitute for the Promotion of the Environment, are not yet operational. MINUA has nopresence in any protected area in the country, is chronically understaffed, and wasunable to spend the more than $40 million in its 2007 budget. In light of thesefunctional deficiencies, other ministries, especially the Ministry of Agriculture andRural Development (MINADER), play an important role in addressing environmentalconcerns.MINADER has the mandate to define forestry policy and planning and directing alltasks related to forest resource management. MINADER’s Institute for ForestryDevelopment (IDF) continues to play a reduced and ineffective role in the managementof forests and protected areas.In addition to MINUA and MINADER, the Ministry of Energy and Water and theMinistry of Fisheries have a bearing on biodiversity conservation and environmentalmanagement. The Ministry of Fisheries is supposed to collaborate in the conservation ofnature, especially for the marine environment.There is no set provincial-level institutional structure for the environment that repeatsitself from province to province. In most cases, however, jurisdiction overenvironmental matters is ascribed to the Provincial Directorate for Agriculture Fisheriesand Environment. Directorate sectoral responsibilities fall under three ministries:MINADER, MINUA and the Ministry of Fisheries. In other cases, provincialgovernments have established an Environment Department under a Directorate ofUrbanism and Environment, aligned with MINUA.In summary, there is an acute lack of clarity about the environmental responsibilities ofcertain sectoral ministries and MINUA. This is particularly serious with respect to thefunctional overlap of MINUA and MINADER for the forestry sector.International DonorsThe international donor community in Angola has not yet targeted the environment forinvestment. Nonetheless, a noticeable shift is evident; for example, the GermanTechnical Cooperation (GTZ) and the Global Environmental Facility (GEF) recentlyapproved projects with environmental components. Other donors are also exploring thepossibility of undertaking environment-related activities in Angola. The FAO iscontributing to forestry policy and legislation development, and UNDP is supporting theimplementation of Angola’s National Biodiversity Strategy and Action Plan. In short,donor interest in Angola’s environmental issues is on the upswing.Financial support for environmental activities from the extractive industries is small butsignificant. Esso (Exxon) is a key supporter of the Giant Sable Conservation Project,and SONANGOL has donated $300,000 to the Kissama Foundation for its efforts tosave Kissama National Park.118/119 BIODIVERSITY AND TROPICAL FOREST ASSESSMENT FOR ANGOLA xiii
Page 7: ACRONYMSCITESConvention on Internat
Page 10 and 11: The country is divided into 18 prov
Page 14 and 15: The Status and Trends of Tropical F
Page 16 and 17: exploitation of these resources and
Page 18 and 19: environmental consciousness of the
Page 21 and 22: SECTION A. INTRODUCTIONA1. Legal Re
Page 23: He has a master’s degree in envir
Page 26 and 27: stabilizing effect on the lower atm
Page 28 and 29: forests considered to be centers of
Page 30 and 31: A glance at Exhibit 5 reveals two i
Page 32 and 33: Exhibit 7. Simplified potential veg
Page 34 and 35: Exhibit 8. Angola’s population de
Page 36 and 37: Of note is the lack of follow-throu
Page 38 and 39: February 1955). This decree covered
Page 40 and 41: • Angola’s legal environmental
Page 42 and 43: • Angola’s institutional framew
Page 45 and 46: SECTION C. THE STATUS AND ECOLOGICA
Page 47 and 48: It is important to note that Angola
Page 49 and 50: C3. Coastal and Marine SystemsC3a.
Page 51: indiscriminate hunting. Other negat
Page 54: Common Name Scientific Name StatusW
Page 57 and 58: D2c. Degradation of Coastal Ecosyst
Page 59 and 60: SECTION E. ACTIONS NECESSARY TO DEC
Page 61 and 62: areas or conservation, ownership st
Page 63:
conservation activities in Angola:
Page 67:
APPENDIX A. INDIVIDUALS INTERVIEWED
Page 70 and 71:
significant discrepancies among the
Page 72 and 73:
. An overview of the social, econom
Page 74 and 75:
have knowledge of and be responsibl
show all

118/119 Biodiversity and Tropical Forest Assessment for Angola

Create successful ePaper yourself

Delete template?

Save as template?