Editing IPCC:AR6/WGII/Chapter-9 (section)

=== 9.4.4 Climate Change Adaptation Law in Africa ===

<div id="h2-10-siblings" class="h2-siblings"></div>

<div id="9.4.4.1" class="h3-container"></div>

<span id="the-rise-of-climate-change-adaptation-law"></span>
==== 9.4.4.1 The Rise of Climate Change Adaptation Law ====

<div id="h3-7-siblings" class="h3-siblings"></div>

Robust legislative frameworks, both climate change specific and non-specific, can foster adaptive responses to climate change, particularly in LDCs ( [[#Nachmany--2017|Nachmany et al., 2017]] ). As discussed in Chapter 17, there are many reasons for this. The successful implementation of policy objectives across the continent is often contingent upon or at least supported by an underlying legislative framework ( [[#Averchenkova--2017|Averchenkova and Matikainen, 2017]] ; [[#Scotford--2017|Scotford et al., 2017]] ). There are also wider systemic and structural reasons for developing climate change legislation, including the promotion of coordination within government, its policy entrenching role, its symbolic value and its potential to support climate finance flows ( [[#Nachmany--2017|Nachmany et al., 2017]] ; [[#Scotford--2019|Scotford and Minas, 2019]] ).

Legal systems, however, also have the potential to be maladaptive. Laws may be brittle, often assuming and reinforcing a static state, and the boundary of the law may not align to the relevant location, scale or impact ( [[#Craig--2010|Craig, 2010]] ; [[#Arnold--2013|Arnold and Gunderson, 2013]] ; [[#Wenta--2019|Wenta et al., 2019]] ). This necessitates the review and revision of existing laws to remove such barriers and foster adaptive management ( [[#Craig--2010|Craig, 2010]] ; [[#Ruhl--2010|Ruhl, 2010]] ; [[#Cosens--2017|Cosens et al., 2017]] ) and, where necessary, the promulgation of new laws.

There has been a rise in framework and sectoral climate change laws across Africa, as illustrated in Figure 9.10. The map illustrates the two framework statutes which have been promulgated in Benin and Kenya, as well as the three framework bills which have been drafted in Nigeria, South Africa and Uganda. There are also discussions taking place in Zimbabwe and Ghana regarding the potential development of a draft framework climate change bill. A review of the climate change framework laws indicates evidence of cross-pollination in design across African jurisdictions, creating the potential for a unique and regionally appropriate body of law with a strong focus on adaptation responses ( [[#Rumble--2019|Rumble, 2019]] ). As discussed in Chapter 17, however, there remains the need for in-country expert input on how the domestic legal landscape may influence their operation, and for each jurisdiction to independently interrogate its adaptation needs and objectives ( [[#Scotford--2017|Scotford et al., 2017]] ).

<div id="_idContainer026" class="Figure"></div>

[[File:765fb0cafc8142aed261ee003aeece0a IPCC_AR6_WGII_Figure_9_010.png]]

'''Figure 9.10 |''' '''Progress in development of climate change framework law in Africa derived from an analysis of public databases of African laws''' , data drawn from Government of Niger ( '''1998''' ); Government of Liberia ( '''2002''' ); Government of Algeria ( '''2004''' ); Government of Tanzania ( '''2004''' ); Government of Central African Republic ( '''2008''' ); Government of Lesotho ( '''2008''' ); Government of Togo ( '''2008''' ); Government of Guinea Bissau ( '''2011''' ); Government of Ivory Coast ( '''2012''' ); Government of Rwanda ( '''2012''' ); Government of Sierra Leone ( '''2012''' ); Government of Cape Verde ( '''2014''' ); Government of Morocco ( '''2014''' ); Government of Mozambique ( '''2014''' ); Government of Madagascar ( '''2015''' ); Government of the Seychelles ( '''2015''' ); Government of Gabon ( '''2016''' ); Government of Kenya ( '''2016''' ); Government of Mali ( '''2016''' ); Government of Zambia ( '''2016''' ); Government of Malawi ( '''2017''' ); Government of Nigeria ( '''2017''' ); Government of Benin ( '''2018''' ); Government of Ghana ( '''2018''' ); Government of South Africa ( '''2018''' ); Government of Uganda ( '''2018''' ); Government of Zimbabwe ( '''2019''' ) sources quoted as of September '''2019''' .

Numerous African states have also included dedicated climate change-related provisions within various existing statutes that regulate the environment or disaster management. For example, Tanzania’s Environmental Management Act 20 of 2004 contains dedicated provisions to address climate change. Rwanda’s Law on Environment 48/2018 also contains detailed provisions on mainstreaming climate change into development planning processes, education on climate change, vulnerability assessments and the promotion of measures to enhance adaptive capacity. Some countries have also developed laws dedicated to a specific aspect of adaptation. For example, the Conservation and Climate Adaptation Trust of Seychelles Act 18 of 2015 establishes a trust fund to finance climate change adaptation responses in Seychelles. Similarly, many countries including Algeria, Burkina Faso, Djibouti, Ghana, Namibia, Malawi, Mauritius, Madagascar, Mozambique, Tanzania and South Africa have dedicated disaster management laws. At this stage, it is still too early to determine whether these laws are having any substantive influence in strengthening resilience and reducing vulnerability and, as discussed in Chapter 17, this is identified as a knowledge gap requiring further research.

<div id="9.4.4.2" class="h3-container"></div>

<span id="common-themes-in-framework-laws"></span>
==== 9.4.4.2 Common Themes in Framework Laws ====

<div id="h3-8-siblings" class="h3-siblings"></div>

Laws are now being developed to formalise and entrench institutional structures, specifying their mandate, function, membership and related procedures. A useful example of such an approach can be found in the Nigerian Climate Change Bill which establishes the National Climate Council on Climate Change headed and chaired by the Vice-President, with a wide membership of ministers, the Chairmen of the Governors’ Forum and Association of Local Governments, as well as the private sector and non-governmental organisation (NGO) representatives.

Climate change framework laws can play an instrumental role in achieving mainstreaming by directing relevant actors to integrate adaptation considerations into existing mandates, operations and planning instruments ( [[#Rumble--2019|Rumble, 2019]] ). By way of example, the South African Draft Climate Change Bill contains a general duty to ‘coordinate and harmonise the policies, plans, programmes and decisions of the national, provincial and local spheres of government’ to achieve, among other things, the climate change objectives of the Bill and national adaptation objectives.

Another common theme is the requirement to develop national climate change adaptation strategies and plans. Many laws further entrench their longevity by requiring them to be subject to strong community participation and consultation, as demonstrated by the Kenyan Climate Change Act and the Nigerian Climate Change Bill.

<div id="9.4.4.3" class="h3-container"></div>

<span id="local-climate-change-laws-and-indigenous-knowledge-systems"></span>
==== 9.4.4.3 Local Climate Change Laws and Indigenous Knowledge Systems ====

<div id="h3-9-siblings" class="h3-siblings"></div>

The Paris Agreement acknowledges, in Article 7.5, that adaptation should be based on and guided by, among other things, ‘traditional knowledge, knowledge of indigenous peoples and local knowledge systems’. The accumulated knowledge within Indigenous knowledge systems is particularly important as it can assist governments in determining how the climate is changing, how to characterise these impacts and provide lessons for adaptation ( [[#Salick--2009|Salick and Ross, 2009]] ). In this context, Indigenous knowledge systems can play an important role in the effective design of local laws ( [[#Mwanga--2019|Mwanga, 2019]] ), as well as national laws. Doing so can contribute to the success of climate change response strategies, including enhancing local participation and the implementation of community-based and ecosystem-based adaptations ( [[#Chanza--2016|Chanza and de Wit, 2016]] ; [[#Mwanga--2019|Mwanga, 2019]] ). For example, the Makorongo Village Forest Management By-Law in Tanzania codifies local customary practices relating to forest management and sustainable harvesting with associated dual adaptation and mitigation benefits and includes all villagers in the decision-making processes relating to forest management ( [[#Mwanga--2019|Mwanga, 2019]] ). The inclusion of beneficial Indigenous knowledge systems within local by-laws is contingent on the active involvement of members of the Indigenous community and awareness of climate change considerations within the local sphere of government, and a willingness to foster such practices ( [[#Mwanga--2019|Mwanga, 2019]] ).

In addition to the advancement of Indigenous knowledge in adaptive responses, it has been suggested that the protection of the rights of Indigenous Peoples can have adaptive benefits, in particular through the protection of land tenure rights ( [[#Ayanlade--2016|Ayanlade and Jegede, 2016]] ). It has been argued that doing so will protect Indigenous Peoples’ lands and resources from overconsumption, secure the recognition of their cultural stewardship over the environment, provide the financial incentive for land stewardship and promote the application of their unique knowledge on the sustainable development of that land and its preservation ( [[#Jaksa--2006|Jaksa, 2006]] ; [[#Ayanlade--2016|Ayanlade and Jegede, 2016]] ). Not only can a lack of protection of Indigenous legal tenure undermine these objectives, but a number of African laws may actively work against them. For example, a review of Tanzanian and Zambian laws highlighted existing provisions that empowered the state to terminate or criminalise the occupation of vacant, undeveloped or fallow lands, which undermined the occupation by Indigenous peoples of forests and other uncultivated lands ( [[#Ayanlade--2016|Ayanlade and Jegede, 2016]] ).

<div id="9.4.5" class="h2-container"></div>

<span id="climate-services-perception-and-literacy"></span>