Document Type: Manuals

Zambia Community-Based Natural Resources Management (CBNRM) Governance Manuals

The Wildlife Act No. 14 of 2015 describes the structure of a Community Resources Board (CRB) and how representation from the Village Action Groups (VAGs) combines to form the CRB. It also describes the function of the CRBs and the legal requirements that need to be met.

The governance and operations of the CRB are determined by the Constitution of the CRB which outlines the details of the rules by which the CRB will operate as well as the roles and responsibilities of the Board members, the Secretariat and the membership. The Department of National Parks and Wildlife (DNPW) provides the regulatory oversight to the CRBs, ensuring their roles are performed in accordance with the Act and the CRB Constitution.

Some of the designated roles within the Board are linked to the roles and responsibilities of members of the Secretariat. The VAG members also have rights and obligations that contribute to the successful functioning of the CRB.

In this booklet, the various roles and responsibilities within and associated with a CRB will be described. Through the election process, the community members place their trust in the members of the Board and thus have expectations of the Board members to deliver on their responsibilities.

A role is a position or purpose that a person has within an organization.

A responsibility is a duty that a person has made a commitment to doing or is accountable for.

Zambia Community-Based Natural Resources Management (CBNRM) Governance Manuals

The Wildlife Act No 14 of 2015 provides for local level governance structures to support the implementation of the Act and provides for Community Resources Boards (CRBs). A CRB is formed by the elected leaders from the Villages Action Groups (VAGs).

The Department of National Parks and Wildlife (DNPW) is responsible for the implementation of these community-based governance structures.

CRBs are responsible for community management of wildlife resources in Game Management Areas (GMAs) and Open Areas. Communities are given conditional rights to manage wildlife and to
benefit from its management through co-management mechanism with government.

In order for a CRB to be formed, communities have to meet certain requirements. Once formed, CRBs are required to develop systems for accountability and good governance. One such requirement is reporting.

The Board superintends on the day to day running and administration of the CRB and is responsible for implementing decisions on behalf of community of the Chiefdom. However, where CRBs have resources, they constitute a Secretariat with full time staff to undertake the administrative functions of the Board. The Board is supported by the Secretariat in carrying out the general responsibilities of the CRB which includes ensuring compliance with laws and regulations. The Board is also responsible for making sure that all the required reporting is done.

Reporting is a written or spoken account of something which has been seen, heard, or done.

Zambia Community-Based Natural Resources Management (CBNRM) Governance Manuals

Community Resources Boards (CRBs) with technical guidance from the Department of National Parks and Wildlife (DNPW) are mandated to procure goods and services on behalf of the respective chiefdom in conformity with the provisions of the Public Procurement Act No. 8 of 2020, Public Finance Management Act No. 1 of 2018, Public Financial Regulations of 2020 and Zambia Wildlife Act No.14 of 2015. It is however important for all CRBs to comply with the provisions of the legal frameworks pertaining to the procurement of goods and services. In this regard, these guidelines provide a standardized procurement procedure for CRBs countrywide and eliminate discrepancies and irregularities in the procurement system for community structures.

The general objective is to provide standardized and comprehensive procurement procedures for CRBs and Village Action Groups (VAGs) in conformity with Government regulations for the betterment of socioeconomic status and wildlife conservation in Game Management Areas (GMAs) and Open Areas.

Zambia Community-Based Natural Resources Management (CBNRM) Governance Manuals

Human resource management (HRM) is about management of people and issues related to workers such as advertising, hiring, performance management and training. Hence HRM is vital to the Community Resources Board (CRB). There is need for effective management of human resources (HR) irrespective of the size and nature of the community-based organization (CBO).

Further, HRM relates to the total set of knowledge, skills and attitudes that are needed for firms to compete. It involves concern for and action taken in the management of people. It deals with issues like recruitment and selection, training and development, wage and salary administration and performance appraisal. Such actions may be bound together by the creation of an HRM policy. The Board has the overall responsibility for initiating, implementing and making future updates to the CRB HR policies, processes and procedures in consultation with the Department of National Parks and Wildlife (DNPW) and relevant stakeholders on any non-compliance by CRB employees. Responsibility may be delegated as appropriate.

CRBs HR function are managed by the Executive Officer or Coordinator on behalf of the Board. However, where resources permit, a CRB may employee the HR Officer.

Zambia Community-Based Natural Resources Management (CBNRM) Governance Manuals 

The Wildlife Act No 14 of 2015 provides for local level governance structures to support the implementation of the Act and provides for Community Resources Boards (CRBs) to be formed from representatives from the Village Action Groups (VAGs). The governance and operations of the CRB are determined by the Act and guided further by individual CRB Constitutions drafted before the CRB is registered and submitted with the application for registration as a CRB. The Constitution outlines the details of the operational rules by which the CRB will abide in line with their mandate in the Act.

A Constitution is a set of rules agreed upon by a group of people who have decided to govern themselves.

A CRB Constitution is the formal written agreement between all CRBs and their respective VAG members on how they will govern themselves and is the most important guiding document for the functioning of the CRB – it establishes the requirements for good governance. Every CRB member should be aware of the contents of the Constitution, and this should empower them to hold each other accountable for management actions. Accountability and good governance can be promoted in CRBs if all members have access to the Constitution. Knowledge of the Constitution will enable the membership to monitor the governance actions of the Board and VAGs and hold them accountable.

Zambia Community-Based Natural Resources Management (CBNRM) Governance Manuals

The Government of the Republic of Zambia through the Department of National Parks and Wildlife (DNPW) under Community-Based Natural Resources Management (CBNRM) Section is responsible for monitoring, supervising and facilitating local level governance structures to support the implementation of the Wildlife Act No. 14 of 2015 that provides Community Resources Boards (CRBs) to be formed from representatives of the Village Action Groups (VAGs) through a democratic process. In accordance with the Bottom-UpCBNRM Approach, chiefdoms are divided into zones which are referred to as VAGs being the “building blocks” or the implementing structures of the CRBs. The CRB Formation Guidelines describe the required structure of the CRB and the period for which it is elected is specified in the Act. Organizing and managing the Annual General Meeting (AGM) of the CRB is one of the responsibilities of the Board.

The AGM is the most important formal event for a CRB and is essential for good governance and ensuring that the VAGs are informed on the CRB affairs in a particular financial year and participate in the making of important decisions. It needs to be planned and conducted carefully. This manual provides guidance on what should be expected at an AGM.

Annual General Meeting is a meeting which is held once a year that provides an opportunity for the CRB membership to participate in important decisions regarding the governance of the CRB.

Introduction

The government of Malawi enacted a series of land laws in 2016, including the Customary Land Act 2016 which requires all customary land holders to formalize ownership through registration of their parcels. Formalizing land rights in customary estates through titling can improve security of tenure. However, unless the process of formalizing land rights looks beyond the technical and legal components to address the social and cultural norms and attitudes that often undermine women’s land rights, there is potential risk of formalizing exclusion of women and other marginalized groups according to identities such as age, marital status, disability, and ethnicity, among others. The customary laws and practices that do not recognize equitable property rights will render formal legislation ineffective at ensuring gender equality and social inclusion in property rights. Both the matrilineal and patrilineal systems are associated with some form of discrimination when it comes to land rights between men and women. The general practice that affects a person’s rights to land is the place of residence after marriage, as inheritance is the principal way in which a person owns land in customary set ups.

The United States Agency for International Development (USAID) Integrated Land Resource Governance (ILRG) Project supported the government of Malawi to systematically document customary land rights in the Traditional Land Management Area (TLMA) of Mwansambo in Nkhotakota district. ILRG provided technical assistance to a district-level land registry and clerks; promoting the inclusion of women and youth in the land documentation process through updated gender-responsive guidelines, manual, and tools; engaged key stakeholders to shift gender norms around women’s land rights at institutional, community, and household levels; and convened dialogues with national and international stakeholders to discuss lessons learned and build positive momentum on gender and customary land documentation work.

An initial gender assessment showed that Traditional Authority (TA) Mwansambo is a predominantly Chewa matrilineal society (which normally has broader women’s rights to land), but due to social and economic changes, the predominant form of marriage has shifted to “Chitengwa,” a patrilocal system that tends to restrict women’s lands rights. Women’s lower literacy and education levels prevent them from knowing their land rights and taking on opportunities to participate in governance structures. Women are also limited in their membership and leadership in governance committees due to gender norms that associate leadership and decision-making with men. Women’s participation is further constrained by a disproportionate share of unpaid household and caring responsibilities and the need to travel to attend meetings, which triggers norms about women’s mobility, safety, and freedom to interact with men outside of their family. Although the government’s 50:50 campaign that establishes representation quotas is improving the situation, women’s full and meaningful participation is compromised by gender norms that push women to be deferential to men. Customary Land Committees (CLCs) were formed across TA Mwansambo as part of the land registration process with a 50:50 gender quota. It is critical to provide women elected to leadership positions with the technical and socioemotional skills necessary for them to meaningfully participate and influence land governance decisions.

This manual is a tool for supporting women leaders to acquire knowledge and socio-emotional skills that will enable them to play an effective and meaningful leadership role in CLCs. The empowerment and leadership training program is focused on fostering self-confidence and building socioemotional/interpersonal skills that will support women to navigate gender barriers at their households and communities and to engage in local natural resource governance. With increased leadership skills, women elected to community governance bodies will 1) play an effective role in decision-making, 2) become effective leaders to represent the needs and interest of other women, and 3) become role models/resources to other women in their communities.

About the Manual

The Manual is intended to serve as a guide for facilitating a dialogue process with traditional leaders on gender norms related to land governance. The approach is highly adaptable to different regions in Malawi and can be tailored to different literacy levels and contexts (patrilineal and matrilineal areas, for instance). This Manual should be seen as a ‘living document,’ and facilitators are encouraged to note where improvements can be made to render the modules more dynamic and engaging.

The Manual is based on practice and field experience rather than theory. It is designed to encourage traditional leaders to reflect on the situation actively (through reflective learning, interactive facilitation, group work, and experience sharing) and to challenge themselves to bring about change. The facilitation is based on important adult learning principles, including:

• Adaptation: All material should be presented in the most appropriate language for the audience. If the audience has low literacy, utilize images over words and adjust the program to allot more time for learning in the sessions.
• Respect: Regardless of the attendees’ educational levels or background, show respect by listening intently, avoiding interrupting, and valuing individual contributions.
• Dialogue: For constructive dialogue to happen, dialogue leaders should see themselves as facilitators, not teachers or lecturers. The emphasis should be on facilitating reflection within each group and exchanges among groups to enhance learning.
• Engagement: Facilitators must pay attention to the level of engagement of all indunas/head persons. If only a few people are dominating discussions, find ways to invite others without being overbearing, such as through small group activities or by inviting the perspective of those individuals who have not been active.

Training Objectives and Approach

This manual is designed as a practical guide for facilitators to provide light-touch training on gender norms in the context of land rights in Malawi for CLC members. It is important to bear in mind that gender norms are deeply rooted in communities, and change takes time and concerted efforts at various levels. This 2-day training is an initial step towards change, but other actions with other stakeholders (government officers, traditional leaders, and men and women in the communities) are needed to sustain change.

In the spirit of collaboration and efficient use of available resources, it draws on existing and publicly available training approaches1, which have been adapted to the context of land governance in Malawi. The light touch training adapts exercises from the longer Household Dialogues on Gender Norms training and Women’s Empowerment and Leadership training developed by ILRG. The ultimate goal of the training is to promote changes in individual beliefs, attitudes, and perceptions, which can lead to shifts in collective/social norms. Specifically, the training has the following learning objectives:

• Create awareness about gender inequality in land ownership and control and understand the impact of harmful gender norms on men and women.
• Understand the different types of power, power hierarchies, and power abuse.
• Create awareness around the different types of gender-based violence and foster an understanding that violence is unacceptable and harmful to everybody in the household.
• Discuss how men and women are able to perform leadership roles and foster an individual and collective vision for equality in leadership and land registration.
• Realize that gender norms can and do change and the individual commitments necessary to begin changes in harmful gender norms.

The training is designed to be run by at least one facilitator, who should be experienced in gender equality, women’s empowerment, and facilitating participatory training sessions. It is a highly interactive program and uses a variety of methods, including small and whole-group exercises, role play, case studies, and picture cards. This is intended to allow men and women with different literacy levels and confidence in public speaking to participate actively. Men and women are trained together so they can share different points of view, complement each other’s opinions, and challenge themselves and each other on what needs to be done to shift harmful gender norms.

As the methods are highly participatory and competence-based, the maximum recommended number of participants is 20. Choose a venue with ample space for participatory exercises with physical movement and to break participants into smaller groups that can work parallelly without distracting each other. Tables and chairs can hinder participants’ full engagement during the training. People often ‘hide’ behind tables or slouch on chairs. Facilitators should encourage participants to stand up and move around the room as much as possible. Research has shown that we think better when we are on our feet!

This training course is composed of five modules delivered over two full days. At the beginning of each module, there is an overview of the module (purpose, overall length, and sessions). Each session contains its purpose, duration, required materials, facilitator’s notes (additional guidance and key concepts), and a step-by-step guideline to run the session.

Introduction

The government of Malawi enacted a series of land laws in 2016, including the Customary Land Act 2016, which requires all customary landholders to formalize ownership through the registration of their parcels. Formalizing land rights in customary estates through titling is anticipated to improve tenure security. However, unless the process of formalizing land rights looks beyond the technical and legal components to address the social and cultural norms and attitudes that often undermine women’s land rights, there is a potential risk of formalizing the exclusion of women and other marginalized groups according to identities such as age, marital status, disability, and ethnicity, among others. The customary laws and practices that do not recognize equitable property rights will render formal legislation ineffective at ensuring gender equality and social inclusion in property rights. Both the matrilineal and patrilineal systems are associated with some form of discrimination regarding land rights between men and women. The general practice that affects a person’s rights to land is the place of residence after marriage, as inheritance is the principal way in which a person owns land in customary setups.

The United States Agency for International Development (USAID) Integrated Land Resource Governance Project supported the government of Malawi in systematically documenting customary land rights in the Traditional Land Management Area (TLMA) of Mwansambo in Nkhotakota district. Integrated Land and Resource Governance (ILRG) provided technical assistance to a district-level land registry and clerks; promoted the inclusion of women and youth in the land documentation process through updated gender-responsive guidelines, manuals, and tools; engaged key stakeholders to shift gender norms around women’s land rights at institutional, community, and household levels; and convened dialogues with national and international stakeholders to discuss lessons learned and build positive momentum on gender and customary land documentation work.

An initial gender assessment showed that TA Mwansambo is a predominantly Chewa matrilineal society (which normally has broader women’s rights to land), but due to social and economic changes, the predominant form of marriage has shifted to “Chitengwa,” a patrilocal system that tends to restrict women’s lands rights. Women’s lower literacy and education levels prevent them from knowing their land rights and taking on opportunities to participate in governance structures. Even though women and men have equal rights to own land in Malawi, social and gender norms restrict women’s ability to enjoy such rights and to make decisions about land. Men are considered the “head of the household” and ultimately responsible for all household decisions. This means that women’s priorities, needs, and interests are often overlooked during land registration, use, disposal, and inheritance. Women are limited in their membership and leadership in governance committees due to gender norms that assign them a disproportionate share of unpaid household and caring responsibilities and that limit women’s physical and social mobility. For land registration processes to become more gender-responsive in Malawi, it is important to promote shifts in harmful gender norms that hinder women’s meaningful participation.

This Manual is a tool for facilitating dialogues about harmful gender norms at the household level, where most decisions about ownership, access, control, and disposal (including inheritance) of land are made.