Zambia’s Implementation of the UNFCCC and Paris Agreement in the Green Economy and Climate Change Bill No. 18 of 2024 – Key Highlights
Introduction
Zambia signed and ratified the United Nations Framework Convention on Climate Change (UNFCCC) on June 11, 1992和 May 28, 1993, respectively. Over two decades later, Zambia became a party to the Paris Agreement, signing it on September 21, 2016, and ratifying it on December 9, 2016. These agreements aim to stabilize greenhouse gas (GHG) concentrations to prevent harmful human-induced impacts on the climate and to strengthen global responses to climate change.
On October 31, 2024, the Green Economy and Climate Change Bill No. 18 of 2024 (the “Bill”) was introduced in Zambia’s Parliament. The Bill aims to domesticate both the UNFCCC and the Paris Agreement. Below are some of the key provisions of the Bill that align with these international commitments.
Provisions for Domestication of the UNFCCC and Paris Agreement
- National Adaptation and Mitigation Plans
- Article 4(1)(b) of the UNFCCC requires parties to develop, implement, and update national programs addressing climate change mitigation and adaptation.
- Section 10 of the Bill fulfills this obligation by mandating the Minister of Green Economy and Environment to prepare a National Adaptation Plan and a National Mitigation Plan, to be reviewed every five years.
- Nationally Determined Contributions (NDCs)
- Article 4(2) of the Paris Agreement empowers parties to set their own domestic measures to achieve climate goals, documented as NDCs.
- Section 4(2)(l) of the Bill assigns responsibility for revising and updating NDCs to the Department of Green Economy and Climate Change within the Ministry of Green Economy.
- Carbon Markets and Internationally Transferred Mitigation Outcomes (ITMOs)
- Article 6(2) of the Paris Agreement introduces ITMOs, allowing countries to meet emissions reduction targets by investing in projects abroad.
- Previously regulated under the Forests (Carbon Stock Management) Regulations, Statutory Instrument No. 66 of 2021, which focused on forestry projects, the Bill expands this framework to include other sectors beyond the Forests Act and its regulations.
- Transparency and Reporting
- Article 7 of the UNFCCC and Article 13 of the Paris Agreement emphasize reporting and transparency through the Enhanced Transparency Framework (ETF).
- The Bill includes several mechanisms to ensure comprehensive data collection and transparency:
- Section 18: Establishes an Integrated Measuring, Reporting, and Verification System to track emissions, mitigation, adaptation activities, financial support, and technology transfer.
- Section 14: Introduces the Greenhouse Gas Inventory Management System as a central repository for GHG data.
- Section 39: Requires the creation of a Climate Change Register to house climate-related information.
- Section 17: Mandates individuals and organizations emitting GHGs to maintain an inventory of relevant data.
- Climate Finance, Technology Transfer, and Capacity Building
- Article 4(1)(g) of the UNFCCC calls for international cooperation in research, technology, and capacity building to enhance understanding and action on climate change.
- Section 34 of the Bill establishes the Green Economy and Climate Change Fund, which will finance projects related to technology development, climate mitigation, and capacity building.
Conclusion
If enacted, the Green Economy and Climate Change Bill No. 18 of 2024 will align Zambia’s domestic legal framework with its international climate commitments. However, achieving compliance will require not only the passage of the Bill but also its effective implementation. Whether Zambia will take the necessary steps to enforce the Bill’s provisions remains to be seen.
Contact Information:
MAY和公司
759, Glass House, Independence Avenue, Woodlands Roundabout, Lusaka, Zambia.
Tel: +260 211 250580
Email: info@mayandco.co.zm | Website: www.mayandco.law
