Laws that Regulate Climate Change in Zambia and How Practical They Are

no matter the number of laws that will be passed, there will be no change if they are not been put in to practice
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INTRODUCTION

Climate change refers to a shift in average weather conditions such as temperature, rainfall, humidity and cloudiness.[1] This process occurs naturally however, the rate at which climate change occurs has drastically increased due to human activities, that release green house gases in the atmosphere. Atmosphere refers to a layer of gases around the earth that protect it from harmful rays from the sun and  Green house gases refer to Carbon-dioxide, Methane, Nitrous oxide and Water vapour.[2]  These gases help keep the earth warm however, when the amount of carbon-dioxide increases in the atmosphere it becomes extremely hot and leads to global warming.[3]

Global warming is the main cause of climate change. Climate change has various effects among them are; drought, loss of biodiversity and extreme heat. Zambia is greatly affected by these effects which is why she has passed laws that regulate Climate change hence, this essay will to critically analyses these laws and how practical they are.

THE CONSTITUTION

This refers to a system of laws that regulates a state and is a Supreme law of the land. The Constitution does regulates climate change in Zambia, this is seen under Article 257 of the Constitution,[4] which illustrates that the state should establish and implement mechanisms that address climate change. This simply entails that the Government must put in place means on how climate change can be regulated and this can be through sensitizing people on the effects and dangers of climate change, making sure that the state uses sources of energy that emit a minimum amount of green house gases and avoid the cutting down of trees as they help in reducing the amount of Carbon dioxide in the atmosphere.

THE FORESTS ACT

This is the foremost legislation on climate change, it  provides for the establishment and regulation of national forests, local forests, joint forest management areas and conservation of forests.[5] This Act plays a huge role in the regulation of climate change because it’s main purpose is the conservation and management of forests, of which, the conservation of trees helps reduce the amount of carbon-dioxide in the atmosphere. This is because trees absorb carbon-dioxide from the atmosphere for the purpose of manufacturing their own food. Further more, Section 45 of the Forests Act,[6] which vividly looks at how forests can be conserved, it further says that ministers can  issue a Statutory instrument that ensures that an occupier of land doesn't misuse land. In addition, Section 66 of the Forests Act[7] regulates the making of Timber and it  further illustrates that only persons with a license can mark timber, this is done because it helps set boundaries for certain trees and protect them from being deforested.

THE ENVIROMENTAL MANAGEMENT ACT

This is an equally critical greening legislative tool,[8] this Act was enacted to help promote a green environment and reduce on the emission of green house gases. Section 31 of the Environmental Management Act,[9]  regulates the emission of pollutants in the Environment, it entails that the minister must issue guidelines  on how  harmful substances must be eliminated. This section ensures that the community finds a suitable and safer-way of disposing substances that may have a negative impact on the environment and the atmosphere. Further more, another section is Section 32 of the Environmental Management Act,[10] this part elucidates that the state shall impose a punishment on the person who commits an act that is hazardous to the environment, this simply means that persons who are found disposing substances that are harmful to the atmosphere will be held accountable, this can be in monetary form.

THE MINES ACT

This Act was enacted to with the sole purpose of regulating mining companies in Zambia but, it also touches on the part of managing mining activities for the sake of reducing the emission of green house gases. Furthermore, Section 12 of the Mines Act,[11] explains that any person who plans to engage in any mining exploration must have a written approval from the Environmental Impact Assessment (EIA). the EIA is a tool that assesses the effect of a project or development on the environment,[12] it ensures that projects or developments that ought to be undertaken have minimal or no effect on the environment, hence this helps in the reduction of green house gases in the atmosphere.

THE UNITED NATION FRAME WORK CONVENTION ON CLIMATE CHANGE (UNFCCC)

In continuation, Zambia is party to various international instruments that regulate climate change, among these is the United Nation Frame Work Convention on Climate Change. This Convention was passed to stabilize green house gases concentration in the atmosphere. However, this treaty is not legally binding put simply, a member state can not be held accountable for not adhering to it. Article 6 of the UNFCCC,[13] entails that nations must ensure that people are aware of climate change and its effects, this is because when people know the effects of climate change they would take precautions when undertaking certain actions. Another international is the Paris agreement, this is a legally binding treaty which Zambia a is party too. This treaty also looks at stabilizing the concentration of green house gases as is seen under Article 2 of the Paris Agreement.[14]

HOW PRACTICAL THESE LAWS ARE IN ZAMBIA

The practicality of these laws has to do with the enforcement and implementation mechanism. The enforcement mechanism has to do with procedures and consequences that individuals who break these laws go through while the implementing mechanism have to do with whether parties or individuals do adhere to these law and put them in to practice.

Looking at the research carried out, these laws are not sufficiently practical, this is because the enactment of these laws was supposed to reduce the release of green house gases yet even after their enactment the release of green house gases has not reduced but continued increasing. This is because the practicality of these laws is hindered by various things and among these are the following;

l  The people are not sufficiently informed, research shows that individuals are aware of climate change but do not understand it fully. This acts as a limitation because it is only when the people fully understand the effects of climate change can they really try to comply with these laws.

l  Ignorance, under this, yes, there are individuals that have sufficient knowledge about climate change but still keep on doing activities that negatively contribute to climate change, usually it’s in the name of development, but the issue of building can be sorted by promoting and encouraging up stair buildings because they take up less space hence would at least reduce the cutting trees for the seek of development.

l  Weak enforcement mechanism, this simply means that institutions or individuals that are in charge of ensuring that these laws are put to practice are not strict enough. Further more, they must closely monitor activities of various individuals especially companies and industries at least on a weekly or monthly basis to ensure that they are strictly adhering to these laws.

CONCLUSION

 In conclusion, no matter the number of laws that will be passed, there will be no change if they are not been put in to practice, which is why Government must impose stiff punishments for breach of these laws. Further more, concerning the matter of charcoal burning, seeing that this is how other citizens make a living, Government must ensure that after the cutting of each tree either for charcoal burning or timber production, five more trees must be planted to ensure that the carbon-dioxide been released while burning is being absorbed by the trees to reduce its concentration in the atmosphere.

ABOUT THE AUTHOR

Niza Mutambo Nankonde is a poet and a second year law student at University of Zambia. She writes in her personal capacity.



The views and opinions expressed in this article are those of the author and do not necessarily reflect the position of Amulufeblog.com

BIBLIOGRAPHY



[1]Global Majority E-Journal, Vol. 1 No. 2 (December 2010) , pp. 85. Available at https://www.america.edu > …PDFClimate Change in Zambia: Impact and Adaption. accessed on 16/07/2024

[2] ibid

[3] Umair shahzad, ‘Global warming: Causes, Effects and Solutions.’ (2015) pp 1. Available at http://www.researchgate.net  > 316  accessed on 17/07/2024

[4] The Constitution of Zambia, Amendment  Act No. 2 2016.

[5] Equitas legal practioners, ‘Green Economy in Zambia: three areas of opportunity for small and medium Enterprise.’ (2021) Available at http://-legal.com/the-laws to drive a green economy in Zambia. Accessed on 17/072024

 

[6] The Forests Act No. 4 2015

[7] Ibid, 43

[8] Equitas Legal Practioners, Green Economy in Zambia: Three areas of opportunity for small and medium Enterprise.’ (2021) Available at http://-legal.com/the-law to drive a green economy in Zambia. Accessed on the 18/ 07/ 2024

[9] The Environmental Management Act No. 2 of 2011

[10] ibid

[11] The Mines Act No.11 of 2015

[12] Environmental impact assessment, ‘Environmental monitoring.’ Earthenvironmental.co.uk,21/7/2022. Available at http://www.earthenvironmental.co.uk Accessed on 19/07/2024.

[13] The United Nation Frame work Convention on Climate Change.

[14] The Paris Agreement







1 comment

  1. Congratulations Niza 🥰
    Such a good piece of writing, keep up the good work 👏❤️