AWF Working PapersSeptember 2005LLLLLandscape Conservation and Land Tenure in Zambia:Community Trusts in the Kazungula HeartlandSimon Metcalfe©Daudi Sumba©Nyikavanhu Munodawafa©Nyikavanhu MunodawafaThe African Wildlife Foundation,together with the people of Africa,works to ensure the wildlife andwild lands of Africa willendure forever.www.awf.orgArusha Center (Tanzania)African Wildlife FoundationPlot 27, Old Moshi RoadP.O. Box 2658ARUSHA, TANZANIATel: +255 27 2509616Fax: +255 27 2544453email: [email protected] Center (Kenya)African Wildlife FoundationBritak CentreMara Ragati RoadP.O. Box 48177, 00100NAIROBI, KENYATel: +254 20 2710367Fax: +254 20 2710372email: [email protected] Center (Uganda)African Wildlife FoundationRuth Towers15A Clement Hill RoadP.O. Box 28217KAMPALA, UGANDATel: +256 41 344 510Fax: +256 41 235 824email: [email protected] D.C. Center (U.S.A.)African Wildlife Foundation1400 Sixteenth Street, N.W.Suite 120WASHINGTON, D.C. 20036, U.S.A.Tel: +1 202 939 3333Fax: +1 202 939 3332email: [email protected] River Center (South Africa)African Wildlife FoundationP.O. Box 2977WHITE RIVER 1240,SOUTH AFRICATel: +27 13 751 2483Fax: +27 13 751 3258email: [email protected] Center (Zambia)African Wildlife Foundation50 Independence AvenueP.O. Box 50844RidgewayLUSAKA, ZAMBIATel: + 260 1 257074Fax: + 260 1 257098email: [email protected] this paper seriesThe AWF Working Paper Series has been designed to disseminate to partners and the conservation community,aspects of AWF current work from its flagship African Heartlands Program. This series aims to share currentwork in order not only to share work experiences but also to provoke discussions on whats working or not andhow best conservation action can be undertaken to ensure that Africas wildlife and wildlands are conservedforever.About the Author: Simon Metcalfe is the Technical Director for Southern Africa and is based in Harare ZimbabweThe author acknowledges the work done by AWF staff without whom there would be no paper to write: N.Munodawafa; P. Jere; & N. Samu and Daudi Sumba.This paper was edited by an editorial team consisting of Dr. Helen Gichohi, Dr. Philip Muruthi, Prof. JamesKiyiapi, Dr. Patrick Bergin, Joanna Elliott and Daudi Sumba. Additional editorial support was provided byKeith Sones.Copyright: This publication is copyrighted to AWF. It may be produced in whole or part and in any form foreducation and non-profit purposes without any special permission from the copyright holder provided that thesource is appropriately acknowledged. This publication should not be used for resale or commecial purposeswithout prior written permission of AWF. The views expressed in this publication are the authors and they donot necessarily reflect those of AWF or DGIS - the sponsor of this publication.For more information, contact the coordinating editor, Daudi Sumba at - email [email protected] photo credit: AWF (clockwise: Zambezi River, Zambian village in Trust areas and Chief Mukuni)AWF Working PapersJuly 2005AWF Working Papers - September 20051page 2page 2page 2page 4page 4page 5page 6page 7page 8page 9page 10page 11page 12page 14Table of ContentsPreamble1. African Wildlife Foundation Heartlands Strategy1.1 Kazungula Heartland2 Background to Zambian Communities and AWF’s Strategy3. Background to Customary Land Tenure in Zambia3.1 Zambian Tenure and Land Law3.2 Management of Access to Customary Land and Natural Resources in Zambia3.3 Does the Land Law Enable Conservation and Development4. Status of Community Land Trusts Development in Five Zambian Chiefdoms4.1 Sekute Community Development Trust4.2 Mukuni, Musokotwani, Simwatachela and Inyambo Trusts4.3 Community Trusts and Private Sector5. Way Forward: Linking Practice to Policy, Legislation and InstitutionsReferencesAWF Working PapersSeptember 2005Landscape Conservation and Land Tenure in Zambia: Community Trusts in Kazungula Heartland2Landscape Conservation and Land Tenure in Zambia: Community Trusts in Kazungula HeartlandPreambleThe management of communal land for sustainableconservation and development in southern Zambiaposes a major challenge. The communal areas have greatpotential for conservation because they have extensivewildlife habitat with low populations that provide anopportunity if secured, for opening connectivity withwildlife rich areas in Zimbabwe, Botswana and Namibia.Apart from the conservation opportunity the presenceof wildlife, together with other abundant naturalresources in the area, also provides potential forenterprise development that could improve locallivelihoods. However, both the conservation anddevelopment potential is frustrated by a dualistic landtenure and administration system that distortsincentives for dynamic community and private sectorpartnerships. Most of the Zambian land in the UpperZambezi transboundary area is under customary tenure.Customary authorities can provide private access tocommunity land but should the investor desire formallegal protection then the customary right of access canbe processed to leasehold status through theCommissioner of Lands. Leasehold land is alienatedfrom customary to state tenure and the managementbecome divided between customary and statutoryauthorities with consequent inefficiencies. Sites on theZambezi River are becoming tourism investment“hotspots” and if access is not well negotiated risk beingfinancially inefficient, socially inequitable and a threatto landscape connectivity. Furthermore, accountabilitybetween Chief and community is often subjective andsituational with examples of enlightened action and rentseeking behaviour. Unless the challenges encompassedby dualistic tenure and participatory common propertymanagement are met investment may be negative forlivelihood improvement.Fundamentally, the rich land and resourceendowments of Zambian communities are not matchedby clarity on who is entitled to manage and benefit fromthem. Therefore land reform, which normally takes along time, is required to correct these disincentives. Inthe interim, the African Wildlife Foundation has beenworking with communities, organised through theirtraditional chiefdoms, to pilot community trusts. Thetrusts are a mechanism and model that can securecommunity land and natural resource rights, democratiseland management and provide a conducive environmentfor communities to engage in and benefit