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Okavango Delta Management Plan - Ramsar Convention on Wetlands

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2.1.2.2 Size and boundary<br />

The boundary of the ODRS (Figure 2-2)were rati<strong>on</strong>alised in 2004 based <strong>on</strong> ecological,<br />

hydrological and land use features (ODMP – <str<strong>on</strong>g>Okavango</str<strong>on</strong>g> <str<strong>on</strong>g>Delta</str<strong>on</strong>g> <str<strong>on</strong>g>Ramsar</str<strong>on</strong>g> Site Revisi<strong>on</strong> Report,<br />

2004). The size of the ODRS is 55 374km2 which places it am<strong>on</strong>gst the larger <str<strong>on</strong>g>Ramsar</str<strong>on</strong>g> sites<br />

globally. The area of permanent swamp covers approximately 6000 km2, while the seas<strong>on</strong>al<br />

swamp varies between about 4000 and 10,000 km2 in size, depending <strong>on</strong> the size of the<br />

flood each year (ODMP – Integrated Hydrological Modelling Report, 2006).<br />

2.1.3 LEGAL STATUS AND RIGHTS<br />

2.1.3.1 Ownership<br />

Ownership of the land within which the ODRS falls is defined by the land tenure systems in<br />

Botswana (Figure 2-3). There are three land tenure systems, namely, Tribal (Communal)<br />

Land; State Land (includes most of the Protected Areas (PAs) and Forest Reserves) and<br />

Freehold Land. It is important to note that the <strong>on</strong>ly state land in the ODRS is NG 41 within<br />

which Mababe settlement is located (Figure 2-3). 95.4% of the land falls under the Tribal<br />

Land Tenure system, while the remaining 4.6% c<strong>on</strong>stitutes State Land (NDSS, 2003). There<br />

is no Freehold Land in the ODRS.<br />

2.1.3.2 Legal Rights<br />

Tribal land which is communally owned is held in trust for communities by the Tawana<br />

Land Board (TLB), which performs land management functi<strong>on</strong>s in accordance with the<br />

provisi<strong>on</strong>s of the Tribal Land Act of 1968.<br />

Usage rights to land under the Tribal Land Tenure systems are either granted communally<br />

or to individuals. Land under tribal ownership is never sold and as such land transacti<strong>on</strong>s<br />

are <strong>on</strong>ly for the sake of improvements or development <strong>on</strong> land. Allocati<strong>on</strong>s of tribal land in<br />

the project area are made by TLB <strong>on</strong> customary law grant or comm<strong>on</strong> law grant basis.<br />

Under customary law grant, land allocati<strong>on</strong>s are made <strong>on</strong>ly to citizens of Botswana for<br />

residential, arable and borehole purposes. Though allotees cannot assume perpetual rights<br />

to such land, most often, they assume such rights, and pass <strong>on</strong> their titles to their<br />

children. Residential plots are issued a lease period of 99 years. Comm<strong>on</strong> law grants <strong>on</strong> the<br />

other hand, can be made to citizens and n<strong>on</strong>-citizens alike, for commercial, tourism and<br />

industrial developments <strong>on</strong> a 50 year lease basis.<br />

With regards to State Land, the Department of Lands holds and administers the land <strong>on</strong><br />

behalf of the Government. State land allocati<strong>on</strong> is <strong>on</strong> Fixed Period State Grant (FPSG) and<br />

Certificate of Rights (CoR) basis. FPSG is granted <strong>on</strong> a lease basis with the period of grant<br />

varying according to the land use, with industrial and commercial land being leased for a<br />

period of 50 years, while residential land use is leased for 99 years.<br />

2.1.3.3 Site Status<br />

Following Botswana's accessi<strong>on</strong> to the <str<strong>on</strong>g>Ramsar</str<strong>on</strong>g> <str<strong>on</strong>g>C<strong>on</strong>venti<strong>on</strong></str<strong>on</strong>g>, the <str<strong>on</strong>g>Okavango</str<strong>on</strong>g> was listed and<br />

designated as a <str<strong>on</strong>g>Ramsar</str<strong>on</strong>g> Site in 1997. Within the ODRS are the Tsodilo Hills which are a<br />

World Heritage Site.<br />

The site comprises the Moremi Game Reserve and Wildlife <str<strong>on</strong>g>Management</str<strong>on</strong>g> Areas (WMA) and<br />

Communal Areas. The communal areas are further subdivided into smaller and more<br />

specific categories that include settlements, arable lands and grazing areas.<br />

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