COMMUNITY BASED ORGANISATIONS RAISE CONCERN ABOUT THE POWER OF TACS AS THEY GEAR UP FOR IMPLEMENTATION OF THE CBNRM ACT

Oshinka Tsiang

More than twenty, community based organisations CBOs, many of them hunting based, have called for amendments in draft regulations developed under the newly enacted Community Based Natural Resources Act (CBNRM). The CBOs met at a two day workshop in Maun convened by the Ngamiland Council of Non-Governmental Organisations, (NCONGO) and the Botswana Wildlife Producers Association (BWPA) to discuss the draft regulations. A team from the newly established department of Community Based Natural Resources Management including its director, Kealeboga Kemoreile also addressed the workshop. The CBOs have challenged some of the provisions of the regulations which impose undue obligations for compliance by hunting communities but not for ecotourism communities. In addition some of the CBOs are concerned about what they consider supervisory powers of Technical Advisory Committees, (TAC) under the CBNRM Act. These are structures that comprise of extension workers in the areas of the CBOs created to support the work of the CBOs. Under the Act, the TACs are mandated to play an advisory role to the CBOs. They are however, expected to supervise such activities as procurement as well as implementation of village development plans funded through proceeds derived through CBO businesses. The regulations oblige the CBOs to allocate at least forty percent (40%) of their net revenue to support local projects identified in the approved village development plans in accordance with local economic drive policy. The act also empowers the  TACs to oversee election of members of the Board of a Community Based Organisation, oversee procurement processes of a Community Based Organisation including asset disposal, oversee and reviewing of contractual agreements, oversee tender processes and award as well as  oversee development and implementation of land use management. The CBOs argue that while the Act is already in force and cannot be amended, the regulations should have stipulated how the TAC should perform the functions of supervision. Some CBOs are concerned that some TACs are likely to sabotage the work of the CBOs if they are not in agreement with some decisions. However Kemoreile assured the CBOs that the TACs are meant to function as advisory bodies and not the decision makers. CBOs also noted that both the Act and the regulations are silent on the role of the private operators who enter into agreements with CBOs for hunting purposes. There is no provision covering their interests especially in the event that CBOs are not able to get quotas. The CBOs worry that the annual quota allocation, conditional on strict compliance presents uncertainty on the part of operators which impacts on business decisions.

Under the new regulations, CBOs have to apply for a quota allocation annually.  The application must be accompanied by minutes of an annual general meeting reflecting a resolution by the community to apply for a hunting quota. Unlike in the past, quotas will no longer be allocated without application by the CBOs. Allocation of the hunting quota by the Director will be conditional on among other things, the previous hunting season report, beneficiation report from Community Based Organisation, and the minutes of the Community Based Organisations annual general meeting where a resolution on requesting for hunting quota was adopted.  Hunting based CBOs argue that the regulation making the provision of a hunting quota conditional on meeting certain criteria not imposed on other CBOs is unfair. They argue that it is likely to impact on their operations, especially since procurement of quotas is the bases for their business.

CBOs are currently transitioning from the Trust system into becoming community based organisations as demanded by the new act. All CBOs are expected to have transitioned to register under the CBNRM act within 12 months. Some of the conditions they are expected to meet in order to remain in the register include, submission of an annual report to the National CBNRM Board on operations of the Community Based Organisation accompanied by an auditor’s report, minutes of the annual general meeting and register on the assets and liabilities of the Community Based Organisation. The CBOs will be using a model constitution prepared by the department of CBNRM. They will also be subjected to a quarterly inspection by the department.

The CBNRM Act came into effect early this year with a view to ensuring equitable beneficiation of communities from the natural resources. Many of the CBOs have been plagued by governance issues.

Director of the Department of Community Based Natural Resources Management Kealeboga Kemoreile