Thursday, June 07, 2012

Constitutional provisions need to resonate with reality - ZIEM

Constitutional provisions need to resonate with reality - ZIEM
By Masuzyo Chakwe
Thu 07 June 2012, 13:23 CAT

THE Zambia Institute of Environmental Management says the draft constitution has not adequately reflected its provisions on land, property, environment and natural resources.

ZIEM chief executive officer Morgan Katati said this section was the anchor of the economy and livelihood for Zambians and it should, therefore, show clarity in its format. Katati said the constitutional provisions needed to resonate with the realities on the ground.

"It should not just to fulfil the legal obligation," he said.

Katati said the issue of land, property, environment and natural resources therefore needed to be treated with utmost seriousness as it defines socioeconomic development and human survival.

He noted that for any development to come forth, there was need for holistic and comprehensive land reforms.

Katati said the provision on equitable access to land and associated resources does not adequately specify the type of resources that may be associated with the accessed land.

He explained that section (b) on security of land rights for land holders should go beyond tenure to encompass social, economic and environmental benefits.

Katati said land investments in the country had not adequately benefited local communities and their economies.

"Understanding benefits within economic confines is rather deficient. Therefore, we propose an alteration to this close for it to read: investments in land to also benefit local communities and their economy, environment and social lives. On section (3) of the draft constitution where the president may, through the lands commission, chiefs or local authorities, alienate land to citizens or non-citizens, we propose two options to this close: Completely remove the possibility of land ownership by non-citizens. There should be a clear and systematic documentation of land owned by non-citizens showing the land holder's name, the quantity and location," Katati said.

He also proposed that a sub-section be included to stipulate clearly conditions under which non-citizens could be given land in Zambia.

Katati said in order to strengthen the forest sector that had long been neglected and unrecognised at national level among other natural resources in Zambia, an additional clause should be inserted to uphold the management of forest resources.

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