WETLANDS AND GOVERNANCE:WETLANDS AND GOVERNANCE:SHAPING THE KEYS FOR WISE AND EFFECTIVE

MANAGEMENT OF EPHEMERAL WETLANDS

Melvin Swarts, Igshaan Samuels &

CF Cupido

14 March 2012Springbok

OutlineIntroductionWetland losses- what is the issue?Sustainable Resource ManagementGovernanceGovernanceWise and effective governance Land and resource tenureKey aspects of resource governanceKey aspects of resource governanceCo- management Co- management Important laws that guide practicesImportant laws that guide practicesIntroducing MPhil studies

Introduction In SA an estimated 35–60% of wetlands have been

lost over the past 40 years ( Nduru 2004) In arid and semi-arid areas wetland are important

resources. Why? Grazing for pastoralist Water during dry seasons & Fertile land for croppers to grow crops

High demand by land users resulted in wetlands being heavily transformed

In Kamiesberg >60% of wetlands transformed due to extensive land use ( Helme and Desmet 2006). Overgrazing Overburning Invasive vegetation & Crop farming.

wetland losses- What is the issue? Resource users, such

as farmers, can do farmers, can do something to try to something to try to improve the health of improve the health of their resources their resources through how they farm

But other aspects need better governance.

It is not just about improving practices...

Sustainable resource management

Poor governance of common property resources and climate change- to compound wetland losses/impacts.

Sustainable resource management must consider:

1. Rights- Who has the right to wetland resources?

2. Benefits & Costs-Who is deriving and carrying what costs from wetland use?

3. Responsibilities- Who has which responsibilities and where? (i.e. NWA, CARA, NEMA, Management plan)

4. Authority-Who has the authority to do what over wetland resources?

Governance We regard management as only one aspect of

governance.

Governments are engaged with governance - but they are only one of the institutions and actors involved

Governance happens at a number of levels, which although independent must be linked

On communal land natural resources governance involves community structures, traditional authorities, civil society and government.

Wise and Effective governance

Wise governancewill understand and seek to balance the immediate needs and

rights of people, sustainable use of natural resources, and the rights of future generations to a healthy environment.

Effective governancewill respond to issues through a feedback process that involves

action to solve problems. It thus seeks to work cooperatively across levels.

Land and resource tenure Tenure can be considered as ‘bundles of rights’.

Rights can be grouped into three broad categories:

1.1. Use rights Use rights – to access and make use of land and natural resources;

2.2. Decision-making rights Decision-making rights - to regulate and control resource use and users;

3.3. Usufruct rights Usufruct rights - to earn an income from giving others the right to use a resource

Who is responsible & authorized to manage the CPR’s? Who responsible or have the authority to act, If people

do harmful things to cpr’s? Prior to 2000- Management boards and Local

Transitional Council- Only administered communal area 2000 till now- Kamiesberg Local Municipality-

Jurisdiction includes commanage land, land reform farms, private farms as well as 15 towns/village i.e. 11 784km2

2003, the Commonage Committee was converted to a Municipal Service Entity, which is to officially manage the commons on behalf of the municipality.

Composition of the Leliefontein Commonage Committee

CO- MANAGEMENTPARTICAPATORY

DEMOCRACY

BROADER KNOWLEDGE

BETTER REGULATIONS

INCREASED LEGITIMACY

INCREASED ADHERENCE

INCREASED PROFICIENCY

1

2 3 4 5 6 7

GOVERNMENT BASED MANAGEMENT

USER-GROUP BASED MANAGEMENT

Instructive Consultative Cooperative Advisory Informative

CO-MANAGEMENCO-MANAGEMENT

GOVERNMENTGOVERNMENTCENTARLISTICCENTARLISTICMANAGEMENTMANAGEMENT

SELFSELFMANAGEMENTMANAGEMENT

Important laws that guide practices The key laws relevant to this work are:

The National Environmental Management Act ( NEMA) Act 107 of 1998

The National Water Act of (NWA) Act 36 of 1998 Conservation of Agricultural Resource Act ( CARA) Act 43 of 1983

The Bill of Rights: The EnvironmentThe Bill of Rights: The Environment

24. Everyone has the right-– b) to have the environment protected for the benefit of

present and future generations through reasonable legislative and other means that-

• (iii) secure ecologically sustainable development and use of natural resources while promoting justifiable economic & social development

CO-OPERATIVE GOVERNANCE OF WETLANDSCO-OPERATIVE GOVERNANCE OF WETLANDS

NEMA places a large responsibility on government to provide for co-operative governance with respect to natural resources.

DWAF Wetland Task Group (DWTG) and the Working for Wetlands (WfWet) Steering Committee

evaluation of best environmental practices in relation to wetland management.

The ReserveThe Reserve

The Reserve The Reserve is theonly right to waterin the NationalWater Act. It is thefirst priority.

GREY AREA – Is it legal to plant in a wetland? What about wise-use?

Reg. 7Reg. 7. • No land user may use the vegetation in a vlei, marsh or water sponge

or within the flood area of a river in any way that damages the natural agricultural resource.

• Except on written authority, no land user may drain or cultivate wetlands including vleis, marshes or water sponges.

• No land user may create an obstruction that will disturb the natural flow of water.

Making legislation operational

The road to hell ….is paved with good intention ( read not implementing policies)

We’ve got the keys, it is in the key hole…no one is turning or they are trying to turn but appears not to work.

What to do? We looking through the key hole

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MPhil studies at PLAAS- UWC RATIONALE & SIGNIFICANCERATIONALE & SIGNIFICANCE

Post- apartheid policies encourage co-management of natural resources in old and communal lands, but there remains a gap between policy objectives and implementation.

This research will attempt to raise the discourse on appropriate community-based governance mechanisms for key natural resources in Leliefontein Communal Area

RESEARCH OBJETIVESRESEARCH OBJETIVES

1. To understand the use and governance of wetlands as part of a complex socio-political and ecological system in LCA.2.To identify the key stakeholders who would play crucial roles in wetland governance in the Kamiesberg Municipal Area3.To identify management options that will enhance wetland governance in the KMA