Environmental Management Compliance, Law and Policy Regimes in Developing Countries: A Review of the Zambian Case
International Journal of Environmental Protection and Policy
Volume 3, Issue 4, July 2015, Pages: 79-87
Received: May 28, 2015;
Accepted: Jun. 6, 2015;
Published: Jun. 19, 2015
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Cuthbert Casey Makondo, Environmental Engineering Department, Copperbelt University, Kitwe, Zambia
Sydney Sichilima, Environmental Engineering Department, Copperbelt University, Kitwe, Zambia
Matthews Silondwa, Environmental Engineering Department, Copperbelt University, Kitwe, Zambia
Richard Sikazwe, Environmental Engineering Department, Copperbelt University, Kitwe, Zambia
Lombe Maiba, Environmental Engineering Department, Copperbelt University, Kitwe, Zambia
Chawezi Longwe, Environmental Engineering Department, Copperbelt University, Kitwe, Zambia
Yvonne Chiliboyi, Institute for Water Research, Rhodes University, Grahamstown, Republic of South Africa
This paper is a review of environmental management compliance of the extractive industry; particularly mining in Zambia and the government’s commitment to environmental protection in view of sustainable development .The main objective of this work was to review industrial compliance against Zambia’s environmental legal regime for the period between 2009 and 2014, track environmental policy development, its implementation within the institutional functional framework in view of precautionary principle, polluter pays principle and sustainability. The authors concluded that while the environmental legal framework may be considered relatively new compared to developed nations like United Kingdom, it dates back to the 1970s and is comparable in terms of strength, to that of developed nations. However, there are many challenges regarding effective implementation. Thus, although there are many stiffer and tougher regulations enacted in Zambia (to a point where some advocates of neo-classical frontiers economics have criticized Zambia as slowly introducing one-more among the most highly regulated environmental sectors in the world, deterring development) the authors concluded that implementation was a huge challenge: implementation of Zambia’s environmental regulatory regime faces wide range of problems, from a highly centralized financial and decision-making system and budgetary allocation of negligible size, to lack of appropriate tools, equipment and personnel technical capacity. It was found that while the environmental regulations have been further stiffened around 2011-2013; compliance of mining companies was lagging behind. This was evidenced by failure of 8 in 10 mining firms to submit periodic reports as per regulatory conditions on their permits. Cases of discharging and disposing of hazardous waste to gain savings from the expenses that would otherwise arise through normal disposal procedures still exist. The authors concluded that while new and stronger measures have been put in place by government to ensure that the environmental degradation caused by mining and other extractive industry activities are adequately managed, the measures are not working effectively. These findings are consistent with the findings of the 2014 Auditor General’s Report. It was clear that co-ordination within the government’s regulatory institutional framework with interacting mandates was weak, while the selective nature on the application of the Environmental Impact Assessment (EIA) regulations was demeaning environmental protection and socio-economic justice.
Cuthbert Casey Makondo,
Environmental Management Compliance, Law and Policy Regimes in Developing Countries: A Review of the Zambian Case, International Journal of Environmental Protection and Policy.
Vol. 3, No. 4,
2015, pp. 79-87.
P. Modak and A. K. Biswas, Conducting environmental impact assessment for developing countries, New York, United Nations University Press, 1999.
Organization for Economic Corporation and Development, Environmental outlook to 2050 report, OEC, 2011.
DfID, EC, UNDP and Word Bank, Linking poverty reduction and environmental management: policy challenges and opportunities. Washington DC. The World Bank, 2002.
International Panel for Sustainable Resource Management, Marrakech process and green economy initiative: working towards a sustainable consumption and production for a green economy: UNEP, 2010.
http://www.equator-principles.com: Accessed 26 May 2015
International Council on Mining and Metals Report on Zambia, 2014
C. Makondo, Environmental Impact Assessment: a comparative analysis of the UK and the Zambian regulations (MSc Dissertation) 2009, Institute of Estuarine and Coastal Studies, University of Hull, United Kingdom.
E.M. De Santo, Missing marine protected area (MPA) targets: How the push for quantity over quality undermines sustainability and social justice, Journal of Environmental Management Vol.124. 2013, pp.137-146.
The Business of Sustainability: Building industry cases for corporate responsibility, Edited by Ulrich Steger, 2004.
J.Lindahl, Environmental impacts of mining in Zambia: Towards better environmental management and sustainable exploitation of mineral resources, 2014, Geological Survey of Sweden.
E.F. Lambin and P. Meyfroidt. Global land use change, economic globalization and looming land scarcity: proceeding of the National Academy of Sciences (USA) 108: 3465-3472, 2011.
World Business Council for Sustainable Development, Effective biodiversity and ecosystem policy and regulation: business input to the COP10 of Convention on Biological Diversity. WBCSD, Geneva, 2010.
L. Xianbing, B, Liu , T. Shishime, Q. Yu, J. Bi, and T. Fujitsuka, An empirical study on the driving mechanism of proactive corporate environmental management in China, Journal of Environmental Management, vol, 91, 2010, pp.1707-1717.
D.G. Fraser, J. Andrew Dougill, W.E. Mabee, M. Reed. P McAlpine, Bottom up and top down: Analysis of participatory processes for sustainability indicator identification as a pathway to community empowerment and sustainable environmental management, Journal of Environmental Management Vol. 78 2006, pp.114–127.
A.A .Hezri, Sustainability indicator system and policy processes in Malaysia: a framework for utilization and learning, Journal of Environmental Management, Vol. 73, 2004, pp.357–371.
K. Zhang, and Z. Wen, Review and challenges of policies of environmental protection and sustainable development in China, Journal of Environmental Management, Vol. 88, 2008, pp. 1249–1261.
R.G. Eccles, I. Ioannou, I., and G. Serafeim, The impact of corporate culture of sustainability on corporate behavior and performance- working paper, 2012.
E. G., Hertwich, W. S. Pease, and C. P. Koshland, “Evaluating the environmental impact of productsand production processes: A comparison of six methods,” Science of the Total Environment, 196, 1997. Pp.13-29.
G., Winter, Business and the environment: A handbook of industrial ecology, Hamburg: 1988, McGraw-Hill.
D., O'Rourke, L. Connelly, and C. P. Koshland, “Industrial ecology - a critical review,” International Journal of Environmental Pollution 6 (2-3), 1996. Pp.89-112.
E., Matthews, C. Amann, M. Fischer-Kowalski, S. Bringezu, W. Hüttler, R. Kleijn, Y. Moriguchi, C. Ottke, E. Rodenburg, D. Rogich, H. Schandl, H. Schütz, E. van der Voet, and H. Weisz, The weight of nations: Material outflows from industrial economies, Washington, DC: 2000. World Resources Institute.
S., Nakamura and Y. Kondo, “Input-output analysis of waste management,” Journal of Industrial Ecology, 6 (1), 2002, pp. 39-64.
Duchin, F., "The conversion of biological materials and wastes to useful products," Structural Change and Economic Dynamics, 1(2), 1990, pp.243-261.
C. J., Cleveland, “Biophysical economics: From physiocracy to ecological economics and industrial ecology,” in J. Gowdy and K. Mayumi, eds. Bio-economics and Sustainability: Essays in Honor of Nicholas Gerogescu-Roegen, Cheltenham, England: 1999. Edward Elgar Publishing, pp.125-154
S., Erkman, “Industrial ecology: a historical view,” Journal of Cleaner Production, 5(1-2), 1997, pp. 1-10.
Duchin, F., and G. Lange, The Future of the Environment: Ecological Economics and Technological Change, 1994. New York: Oxford University Press
J. Mitchell, “The Use (and Misuse) of Surveys in Policy Analysis,” in Handbook of Public Policy, 2007.
A. Gilbert, Criteria for sustainability in the development of indicators for sustainable development, Chemosphere: Elsevier Science, No. 9, vol. 33, 1996, pp.1739–1748.
http://ec.europa.eu/environment/enveco/studies.htm#2 accessed, 6/2/2015.
GRZ, Management of Environmental Degradation Caused by Mining Activities in Zambia. Auditor General’s Report, 2014, Government of the Republic of Zambia (GRZ).