Environmental laws at Eswatini
Eswatini (formerly known as Swaziland) has established several environmental laws and regulations aimed at protecting the country's natural resources, ensuring sustainable development, and complying with international environmental agreements. While Eswatini is a small, landlocked country in Southern Africa, it faces significant challenges regarding environmental conservation, including water scarcity, deforestation, and land degradation. Below is an overview of the key environmental laws and policies in Eswatini:
1. The Constitution of Eswatini (2005)
The Constitution of Eswatini (promulgated in 2005) is the supreme law of the country and contains provisions that support environmental protection. While it does not specifically focus on the environment in great detail, it affirms the state's responsibility for promoting and protecting public health and welfare, which includes ensuring a healthy and sustainable environment.
The Constitution also empowers the government to enact laws to manage natural resources and preserve the environment for future generations.
2. Environmental Management Act (2002)
The Environmental Management Act of 2002 (No. 5 of 2002) is one of Eswatini's primary pieces of environmental legislation. This Act establishes the legal framework for environmental management and the regulation of environmental impacts. The Act outlines the principles for sustainable development, conservation, and pollution prevention.
Key provisions of the Act include:
The establishment of an Environmental Authority (the Eswatini Environmental Authority, or EEA) responsible for enforcing environmental laws, conducting environmental assessments, and ensuring compliance with regulations.
The requirement for Environmental Impact Assessments (EIA) for projects that could significantly affect the environment, such as large infrastructure projects, mining, and industrial development.
Mechanisms for environmental planning and the sustainable management of resources like land, water, and forests.
The Act also introduces regulations for waste management, pollution control, and the protection of biodiversity.
3. The Water Act (2003)
The Water Act of 2003 is one of the key laws governing the management and conservation of water resources in Eswatini. It regulates the use, management, and conservation of water resources to ensure their sustainable use.
The Act establishes the Water Services Corporation (WASCO) as the responsible body for ensuring equitable and sustainable water supply to the population. It outlines provisions for managing water quality, preventing pollution of water bodies, and promoting water conservation.
The law also includes provisions for water rights and the allocation of water resources, aiming to balance the needs of domestic, industrial, and agricultural water users.
The National Water Policy (2007) supports the Water Act, focusing on integrated water resources management, climate resilience, and flood management.
4. The Forest Act (2005)
The Forest Act of 2005 governs the management and protection of Eswatini’s forests. It regulates the exploitation, conservation, and sustainable use of forest resources and addresses issues such as deforestation, forest degradation, and illegal logging.
The Act allows for the creation of forest reserves and sets out the responsibilities of the Department of Forestry for overseeing the management of forests, reforestation programs, and sustainable forest harvesting practices.
The law also promotes community-based forest management, encouraging local communities to participate in forest conservation and management activities.
5. The Wildlife Protection Act (1972)
The Wildlife Protection Act of 1972 (No. 67 of 1972) regulates the conservation and management of wildlife in Eswatini. It establishes legal provisions for the protection of wildlife species, particularly those that are endangered or vulnerable.
The Act creates the Eswatini National Trust Commission (ENTC), which is responsible for managing national parks, wildlife reserves, and other protected areas in Eswatini. These include iconic reserves such as Hlane Royal National Park and Mkhaya Game Reserve.
The law also regulates hunting, setting quotas and restrictions to prevent overhunting and ensure the sustainable use of wildlife resources.
In addition, the Wildlife Protection Act aligns Eswatini with international conventions such as the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), providing mechanisms to regulate the trade in endangered species.
6. The Land Policy and Land Use Planning
The National Land Policy aims to guide the sustainable use of land in Eswatini. It emphasizes land reform and ensures that land use decisions are made in a manner that balances economic development with environmental sustainability.
The Land Use Planning Act provides the legal framework for planning the use of land, ensuring that land is allocated for agriculture, urban development, conservation, and other purposes in a way that respects environmental limits.
The policy also promotes land conservation, particularly in the face of challenges like soil erosion, deforestation, and overgrazing.
7. The Pesticides Control Act (2000)
The Pesticides Control Act regulates the use and sale of chemical pesticides in Eswatini. It aims to ensure that pesticides are used safely and responsibly, minimizing environmental harm and protecting human health.
The law requires the registration of pesticides, establishes guidelines for their safe handling, and ensures that only approved chemicals are used in agriculture and pest control activities.
It also addresses issues of pesticide residues in food products and pollution from chemical runoff into water bodies.
8. The National Environment Fund
The National Environment Fund was established to support the financing of environmental projects in Eswatini. The fund helps to promote sustainable development, including projects related to biodiversity conservation, waste management, climate change adaptation, and environmental education.
The fund is used for the implementation of environmental programs at the national, regional, and local levels, including efforts to reduce land degradation, combat deforestation, and protect wetlands and coastal zones.
9. Eswatini's Commitment to Climate Change
Eswatini is a signatory to the Paris Agreement on Climate Change and has committed to reducing its carbon emissions in line with global efforts to mitigate climate change. Eswatini's Nationally Determined Contribution (NDC) outlines the country’s climate action plans and its goals for reducing emissions and increasing resilience to climate impacts.
The country also developed the National Adaptation Programme of Action (NAPA), which identifies the specific areas where climate change is likely to have the most significant impacts, including on agriculture, water resources, and public health. This program helps the government prioritize climate adaptation strategies.
10. International Environmental Commitments
Eswatini is a party to several international environmental agreements, including the Convention on Biological Diversity (CBD), the Ramsar Convention on Wetlands, and the United Nations Framework Convention on Climate Change (UNFCCC).
These international commitments help Eswatini align its environmental policies with global standards and contribute to international efforts to address climate change, biodiversity loss, and sustainable development.
11. Environmental Education and Public Awareness
The Ministry of Tourism and Environmental Affairs (MTEA) plays an active role in promoting environmental education and raising public awareness about environmental issues. Programs are designed to encourage sustainable practices, increase environmental awareness among citizens, and engage communities in conservation efforts.
The government collaborates with local and international NGOs to raise awareness about issues such as conservation, climate change, and biodiversity protection.
Conclusion
Eswatini has made significant progress in establishing a legal and institutional framework to protect its natural resources and promote sustainable development. Key laws, such as the Environmental Management Act, the Water Act, and the Wildlife Protection Act, form the backbone of the country’s environmental regulations. Additionally, Eswatini is committed to addressing climate change and environmental challenges through both national policies and international agreements. However, the country continues to face challenges related to land degradation, deforestation, and resource management, which require ongoing efforts from both the government and local communities.
RELATED Blog
0 comments