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.
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