Bridging the Tourism Investment gap, a snippet of the Parks and Wildlife Amendment Bill

In Zimbabwe, tourism is considered as a low hanging fruit for potential investment. However, institutional, structural and legal hurdles associated with the current Parks and Wildlife Act (“the Act”) presented hurdles for viable investment in conservation ventures. Having developed as a colonial legal framework the current Act pitted wildlife against communities thereby creating an antagonistic relationship between the two.

The gazetting of the  Parks and Wildlife Amendment Bill (“the Bill”) comes at an opportune time to address some of the investor concerns that surround the parks and wildlife sector including wildlife tenure ambiguities, mining activities in protected areas, weak sector corporate governance and lack of community participation. Below are some of the key changes that the Bill seeks to address:

Wildlife tenure and Community Participation

The Bill retains the common law legal position that wildlife is res nullius. It does not have an owner. However,  Clause 3 of the Bill provides that specially protected species are vested in the President and private persons can acquire ownership of wildlife upon satisfying certain legal qualifications. The Bill also seeks to cement community participation in conservation of wildlife through consumptive beneficial mechanisms and a more robust CAMPFIRE initiative.

Promotion of International Cooperation and Domestication of International Treaties

One of the major highlights of the Bill is the introduction of Section 127 to the Act. The new section provides for effective implementation of international agreements on cooperation for the development of the wildlife sector. Under this new provision, the country can enter into bi-lateral and multi-lateral agreements or Private Public Partnership Agreements for the sustainable use of wildlife, exchange of technology and research for wildlife preservation.

Further, Clause 50 of the Bill seeks to domesticate Zimbabwe`s international commitments under international treaties such as the Convention on Biological Diversity and the Convention on Migratory Species. By way of Clause 50, the Bill has potential to foster sound corporate governance principles within the Zimbabwe Parks and Wildlife Authority (ZIMPARKS) which stands out as both a player and regulator within the sector.

Mining and Prospecting in Protected Areas

Of greatest contention is the issue of whether mining rights under Section 179 of the Mines and Minerals Act can trump rights granted to wildlife authorities in relation to land tenure. This has been addressed in the Bill. The Bill aims to proscribe unsustainable mining in wildlife protected areas through a wider and stricter procedural guideline. This relates to the manner in which a mining investor can acquire a permit to mine on national parks and wildlife sanctuaries.

Under the Bill, it is the President who will have the sole right to permit mining in specially protected areas such as national parks, botanical gardens and reserves. Even so, the President will have to consult with the Minister responsible for wildlife before granting such permit. When the permit has been granted, a notice will have to be published in the Gazette in line with the provisions of the Mines and Minerals Act.

Furthermore, no one should be granted mining rights in national parks and wildlife estate except they under a written lease agreement or upon being granted with a written approval as mentioned earlier.

Tourism as a driver for Economic Development

According to a 2022 report by ZIDA the tourism industry contributes close to 8% to Zimbabwe`s Gross Domestic Product. Currently the sector sits at USD1.5 billion in terms of economic contribution and with a potential to hit SD5 billion as envisaged by National Development Strategy 1 blueprint.

Tax incentives for tourism special economic zones such a Victoria Falls, Hwange and a greater part of Matabeleland present a huge attraction for investment in the tourism industry. Moreover, the tourism development fund which the government recently spearheaded can catapult financial support for tourism related projects.

Due to this fertile investment framework, the Parks and Wildlife Bill has potential to unlock value in wildlife since the wildlife subsector is inextricably intertwined with tourism. The successful lobbying by southern African countries for the revision of Conventions on International Trade of Endangered Species (CITES) can also accentuate appetite for the trade in stockpiles of ivory in the sub-region valued at a staggering USD2 billion.