• The level of investment is often low.
• Sustainable soil management is not yet commonly observed as a crucial
instrument to achieve sustainable development. It has not been imposed as
a legal requirement in many aspects of African law.
Soil Protection Regulatory Concepts and Challenges in Africa
13. Based on the analysis of Ugandan and Namibian environmental law and a
comparison of these laws with German regulatory approaches the following
observations were made with regard to soil protection regulation in Africa.
14. There are usually several law and regulatory approaches being at least indirect
relevant for soil protection. However, regulations are fragmented and/or do not
follow a coherent and consistent policy.
• So far, sustainable soil management is not a legally established objective.
• There is no clear obligation to restore or rehabilitate degraded land.
15. In some African countries environmental legal standards and obligations are not
directly implemented and enforced on customary land.
• Traditional authorities are regarded as custodians of the natural resources,
including land and soils.
• Examples however demonstrate that local communities due to their internal
priorities are not necessarily the best protectors of soils.
• It was recommended that environmental law provisions should be enforced
on customary land.
16. A particular need was seen to establish effective policies and laws on the use of
fertilizers.
17. The intervention clause of the German Nature Conservation Act was discussed
as a model for implementing the Land Degradation Neutrality-concept, also in
African legislation. The German Intervention clause requires three steps of
decision making: (1) prevent/avoid, (2) physically offset; (3) assessing and
weighing the competing interests, plus mandatory monetary compensation.
This one rule captures the LDN concept and also corresponds to the UNCCD’s
“LDN response hierarchy”.
• As a precondition for an effective use of the German Intervention clause, data
are required for the determination of the baseline and the assessment of
degradation and restoration processes.
• Moreover, indicators must not be too technical.
18. Restoration/offsetting requirements must not be interpreted as a “license to
degrade”.
19. The German example emphasizes that planning instruments are required for
LDN implementation, in particular to enforce the neutrality requirement.
20. Standards and requirements for sustainable soil management must be sitespecific taking into account the different settings in African countries.
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215
• Sustainable soil management is not yet commonly observed as a crucial
instrument to achieve sustainable development. It has not been imposed as
a legal requirement in many aspects of African law.
Soil Protection Regulatory Concepts and Challenges in Africa
13. Based on the analysis of Ugandan and Namibian environmental law and a
comparison of these laws with German regulatory approaches the following
observations were made with regard to soil protection regulation in Africa.
14. There are usually several law and regulatory approaches being at least indirect
relevant for soil protection. However, regulations are fragmented and/or do not
follow a coherent and consistent policy.
• So far, sustainable soil management is not a legally established objective.
• There is no clear obligation to restore or rehabilitate degraded land.
15. In some African countries environmental legal standards and obligations are not
directly implemented and enforced on customary land.
• Traditional authorities are regarded as custodians of the natural resources,
including land and soils.
• Examples however demonstrate that local communities due to their internal
priorities are not necessarily the best protectors of soils.
• It was recommended that environmental law provisions should be enforced
on customary land.
16. A particular need was seen to establish effective policies and laws on the use of
fertilizers.
17. The intervention clause of the German Nature Conservation Act was discussed
as a model for implementing the Land Degradation Neutrality-concept, also in
African legislation. The German Intervention clause requires three steps of
decision making: (1) prevent/avoid, (2) physically offset; (3) assessing and
weighing the competing interests, plus mandatory monetary compensation.
This one rule captures the LDN concept and also corresponds to the UNCCD’s
“LDN response hierarchy”.
• As a precondition for an effective use of the German Intervention clause, data
are required for the determination of the baseline and the assessment of
degradation and restoration processes.
• Moreover, indicators must not be too technical.
18. Restoration/offsetting requirements must not be interpreted as a “license to
degrade”.
19. The German example emphasizes that planning instruments are required for
LDN implementation, in particular to enforce the neutrality requirement.
20. Standards and requirements for sustainable soil management must be sitespecific taking into account the different settings in African countries.
Annex: Outcome Document
215