Salient Provision
Introduction
Zambia became a signatory to and subsequently ratified the United Nations Framework Convention on Climate Change (“UNFCCC”) on 11 June 1992 and 28 May 1993, respectively. Subsequently, 23 years later, Zambia signed and ratified the Paris Agreement on 21 September 2016 and 9 December 2016, respectively. The overall objective of the two agreements is to stabilize greenhouse gas (“GHG”) concentrations at a level that would prevent dangerous anthropogenic interference with the climate system and to strengthen the global response to the threat of climate change.
On 31 October 2024, the Green Economy and Climate Change Bill No. 18 of 2024 (the “Bill”) was introduced into the Zambian Parliament. The Bill seeks to, among other things, domesticate the UNFCCC and the Paris Agreement. This article highlights some of the salient provisions of the Bill that domesticate the UNFCCC and the Paris Agreement.
Provisions Domesticating the UNFCCC and Paris Agreements
(a) Development of National Adaptation and Mitigation Plan
Article 4(1)(b) of the UNFCCC, which addresses commitments of the parties, requires the parties to formulate, implement, publish, and regularly update national programs that contain measures to mitigate climate change and facilitate adequate adaptation. This requirement to formulate mitigation and adaptation measures/plans has been domesticated in Section 10 of the Bill, which places a duty on the Minister of Green Economy and Environment (“Minister of Green Economy”) to develop a National Adaptation Plan and a National Mitigation Plan, which shall be reviewed every five (5) years.
(b) Nationally Determined Contributions (NDCs)
The Paris Agreement in Article 4(2) enables parties to determine the domestic measures and efforts that each will take to achieve the objectives of the Paris Agreement. These efforts, referred to as Nationally Determined Contributions (“NDCs”), are to be prepared successively. This requirement has been domesticated in Section 4(2)(l) of the Bill, which assigns the Department of Green Economy and Climate Change (the “Department”) in the Ministry of Green Economy the function of overseeing the revision and updating of the NDCs.
(c) Carbon Markets
Article 6(2) of the Paris Agreement introduced the concept of Internationally Transferrable Mitigation Outcomes (ITMOs), described as a cooperative approach that allows countries to cut GHG emissions by investing in projects that reduce emissions in other countries. This concept was initially domesticated in Zambia under the Forests (Carbon Stock Management) Regulations Statutory Instrument No. 66 of 2021, which regulates the engagement of entities in generating GHG emission reduction or removal for carbon trading purposes. The Bill extends the domestication of the ITMO concept to include projects beyond those covered under the Forests Act or the Forests Carbon Stock Management Regulations.
(d) Transparency and Reporting
Under Article 7 of the UNFCCC, the parties agreed to adopt regular reports on the implementation of the UNFCCC and to publish these reports. This reporting requirement was enhanced under Article 13 of the Paris Agreement, which established an Enhanced Transparency Framework (“ETF”). The ETF aims to provide a clear understanding of climate change action, track progress toward achieving individual NDCs and adaptation action, and inform the global stocktake conducted periodically at the Conference of the Parties.
The Bill provides mechanisms for the collection and storage of climate change-related data, including:
- Section 18 – Mandates the Department to maintain the Integrated Measuring Reporting and Verification System for documenting emissions, mitigation, adaptation activities, financial support, and technology transfer.
- Section 14 – Requires the Department to maintain the Greenhouse Gas Inventory Management System as a central repository for GHG-related data.
- Section 39 – Establishes the Climate Change Register, containing prescribed green economy and climate information.
- Section 17 – Requires individuals emitting GHGs to maintain an inventory of GHG-related information.
(e) Climate Finance, Technology Transfer, and Capacity Building
Article 4(1)(g) of the UNFCCC requires parties to promote and cooperate in scientific, technological, and socio-economic research related to the climate system to eliminate uncertainties about climate change. The Bill addresses this through Section 34, which establishes the Green Economy and Climate Change Fund (“Fund”) for financing technology development, capacity building, and related activities.
Conclusion
Once enacted, the Bill will serve as a significant piece of legislation aligning Zambia’s legal framework with international obligations concerning climate action. However, Zambia’s compliance with these obligations will depend not only on the enactment of the Bill but also on the effective implementation of its provisions. It remains to be seen whether the necessary action will be taken to ensure the Bill’s full implementation if enacted.
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