CONVENTION ON BIOLOGICAL DIVERSITY (CBD)

Art.1

The legal framework reflects the objective of biodiversity conservation and the sustainable use of these elements.

Document title	References
Wildlife Conservation and National Parks Act	Wildlife Conservation and National Parks Act [Chapter 38:01], n° 28 of 1992 Preamble: An Act to make further and better provision for the conservation and management of the wildlife of Botswana, giving effect to CITES and any other international convention for the protection of fauna and flora to which Botswana is, from time to time, a party, to provide for the establishment, control and management of national parks and game reserves, and for matters incidental thereto or connected therewith. Section 16: (1) The areas specified in the Fourth Schedule are hereby Controlled declared to be controlled hunting areas. (2) The Minister may, by order published in the Gazette, declare any area of land in Botswana to be a controlled hunting area, and may, in like manner, abolish declared controlled hunting areas or amend the boundaries of declared controlled hunting areas by adding other areas thereto or by deleting areas therefrom. (3) Except for persons" authorized therefor under sections 30,39 and 40, and notwithstanding the issue of any licence'to hunt under this Act, no person shall hunt or capture any animal in a controlled hunting area without such authority to hunt in that area as shall be endorsed on his licence, and without paying such fee, as may be prescribed. (4) The Minister may, by order published in the Gazette, direct that any fees collected in accordance with subsection (3), shall be paid to such district council or councils as may be specified in the order. (5) Any person hunting in a controlled hunting area shall, as soon as possible and in any event within 7 days of the completion of such hunting, unless otherwise authorized by a licensing officer and endorsed on his licence, report such completion to a wildlife officer, and any person who fails to comply with the provisions of this subsection shall be guilty of an offence and liable to a fine of P500 and imprisonment for 6 months. Section 39 (extract): [...] (2) The Director shall not grant a permit authorizing the killing or capturing of any animal in a national park, game reserve or sanctuary for any of the purposes mentioned in subsection (1), except only on the ground that, and where he is satisfied that, such killing or capturing is necessary for scientific purposes or for the protection of life or property, or in the interests of the conservation, management, control or utilization of wildlife. [...]
Wildlife Conservation and National Parks (Amendment) Act 2023	Wildlife Conservation and National Parks Act (Amendment) of 2023 Section 9: The Act is amended in section 39 (1) by inserting immediately after paragraph (c), the following new paragraph - "(d) the capturing of any fish for the breeding or farming of such fi sh subject to fishing quotas.".
Treaty between the Government of the Republic of Angola, the Government of the Republic Botswana, the Government of the Republic of Namibia, the Government of the Republic of Zambia, and the Government of the Republic of Zimbabwe on the establishment of the Kavango Zambezi Transfrontier Conservation Area (KAZA TFCA TREATY)	Treaty between the Government of the Republic of Angola, the Government of the Republic Botswana, the Government of the Republic of Namibia, the Government of the Republic of Zambia, and the Government of the Republic of Zimbabwe on the establishment of the Kavango Zambezi Transfrontier Conservation Area (KAZA TFCA Treaty), 2011 Article 1 (extract): For the purposes of this Treaty: […] “Sustainable Use” means the integrated management of resources to assure efficient use of and equitable access to Natural and Cultural Heritage Resources for the benefit of current and future generations while protecting and maintaining Natural and Cultural Heritage Resources; […] Article 2 (extract): 1. By this Treaty, the Partner States establish the Kavango Zambezi Transfrontier Conservation Area (KAZA TFCA) for the primary purpose of harmonizing policies, strategies and practices for managing shared Natural Resources that straddle the international borders of the five (5) Partner States and deriving equitable socioeconomic benefits through the Sustainable Use and development of their Natural and Cultural Heritage Resources. […] Article 5 (extract): 1. For the execution of the objectives expressed in this Treaty, the Partner States undertake to uphold the following principles: [...] i. make the KAZA TFCA a programme which epitomises and showcases benefit sharing, equality, good governance, collaboration and cooperation; and […] Article 6 (extract): Objectives of the KAZA TFCA 1. The KAZA TFCA specific objectives shall be to: […] e. develop and implement programmes that shall enhance the Sustainable Use of Natural and Cultural Heritage Resources to improve the livelihoods of Local Communities within and around the KAZA TFCA and thus contribute towards poverty reduction; […] h. promote and facilitate the harmonisation of relevant legislation, policies and approaches in Natural and Cultural Heritage Resources management across international borders and ensure compliance with international protocols and conventions related to the protection and Sustainable Use of species and ecosystems; […] Article 9 (extract):1. SADC is the custodian of various protocols, strategies and programmes whose objectives are to achieve sustainable utilisation of Natural Resources and ensure effective protection of the natural environment in all SADC member states. […]
National Action Plan for the Botswana portion of the Cubango-Okavango river basin 2011- 2016	National Action Plans for the Cubango-Okavango River Basin, 2011-2016 Para 1.1 (extract): [...] The specific objective of the NAP is therefore: to promote the sustainable management, development and use of natural resources in the Okavango Delta in order to improve livelihoods, conserve biodiversity and protect the ecosystem. [...]
Okavango Delta Management Plan	Okavango Delta Management Plan (ODMP), 2008 Para 1.1: Okavango Delta Vision The common and shared vision for the Okavango Delta is: “A carefully managed, well functioning ecosystem that equitably and sustainably provides benefits for local, national and international stakeholders”. Para 1.2: Overall goal of Okavango delta management plan The Overall Goal of the Okavango Delta Management Plan (ODMP) is: “to integrate resource management for the Okavango Delta that will ensure its long-term conservation and that will provide benefits for the present and future well-being of the people, through sustainable use of its natural resources” The Overall Goal further translates to three Strategic Goals, each with several Strategic Objectives, for the ODMP (see section 4 for an explanation of the development of these): Strategic Goal 1. To establish viable institutional arrangements to support integrated resource management in the Okavango Delta; Strategic objective 1.1: To establish viable management institutions for the sustainable management of the Okavango Delta; Strategic objective 1.2: To improve the planning and regulatory framework for sustainable management of the Okavango Delta; Strategic objective 1.3: To raise public awareness, enhance knowledge and create a platform for information exchange and learning about the Okavango Delta. Strategic Goal 2. To ensure the long-term conservation of the Okavango Delta and the provision of existing ecosystem services; Strategic objective 2.1: To conserve the ecological character (biotic and abiotic functions) of the Okavango Delta, and the interactions between them; Strategic objective 2.2: To maintain or restore the wetland habitats and ecosystems of the Okavango Delta. Strategic Goal 3. To sustainably use the natural resources of the Okavango Delta in an equitable way and support the livelihoods of all stakeholders; Strategic objective 3.1: To sustainably use the wetland resources of the Okavango Delta for the long-term benefit of all stakeholders; Strategic objective 3.2: To develop socio-economic opportunities to improve livelihoods of the Okavango Delta stakeholders.
Wildlife Policy	Wildlife Policy, 2013 Para 4.1 : The overall goal of the Policy is to create an enabling environment for the conservation, sustainable use and management of wildlife and biodiversity resources in order to generate development benefits for current and future generations of Batswana.
National Biodiversity Strategy and Action Plan	National Biodiversity Strategy and Action Plan, 2016 Para 2.3 : The Botswana goals are aligned to those of the CBD strategy in terms of their focus (see Appendix 1 for side-by-side comparison). As with the CBD strategy, these goals will provide the framework for the 20 national targets, which in turn are aligned with the Aichi targets. In order to ensure that action is galvanised, the goals are set for a realistic 10 year period. This assumes that the next revision of the NBSAP could be considered a mid-term assessment of these goals and their related targets. 1) Biodiversity is mainstreamed and valued across all sectors of society 2) The pressure on biodiversity is reduced and natural resources are used sustainably 3) Ecosystems, species and genetic resources are protected through sound management 4) Fair and equitable access to the benefits of biodiversity is secured 5) Participatory planning, knowledge management and capacity-building are in place to support NBSAP implementation.

Art.1

The legal framework allows for the establishment of mechanisms for sharing the benefits generated by the use of genetic resources (including those related to wildlife), such as satisfactory access to genetic resources and appropriate transfers of technology.

Document title	References
Wildlife Conservation and National Parks Act	Wildlife Conservation and National Parks Act [Chapter 38:01], n° 28 of 1992 Section 93 : Where the Minister so recommends, any revenue deriving from the payment of fees for licences or permits to hunt, capture, sell or farm any animals or in respect of any other wildlife activity in its area, other than in a national park or game reserve, shall be paid to the district council concerned.
Treaty between the Government of the Republic of Angola, the Government of the Republic Botswana, the Government of the Republic of Namibia, the Government of the Republic of Zambia, and the Government of the Republic of Zimbabwe on the establishment of the Kavango Zambezi Transfrontier Conservation Area (KAZA TFCA TREATY)	Treaty between the Government of the Republic of Angola, the Government of the Republic Botswana, the Government of the Republic of Namibia, the Government of the Republic of Zambia, and the Government of the Republic of Zimbabwe on the establishment of the Kavango Zambezi Transfrontier Conservation Area (KAZA TFCA Treaty), 2011 Article 5 (extract): 1. For the execution of the objectives expressed in this Treaty, the Partner States undertake to uphold the following principles : […] i. make the KAZA TFCA a programme which epitomises and showcases benefit sharing, equality, good governance, collaboration and cooperation; and […]
Okavango Delta Management Plan	Okavango Delta Management Plan (ODMP), 2008 Para 1.1: The common and shared vision for the Okavango Delta is: “A carefully managed, well functioning ecosystem that equitably and sustainably provides benefits for local, national and international stakeholders”.
Wildlife Policy	Wildlife Policy, 2013 Para 5.5.4.3: Develop benefit-sharing models which are sensitive to the needs of the different sectors of the community and based on accountability.
National Biodiversity Strategy and Action Plan	National Biodiversity Strategy and Action Plan. Para 2.3 (extract): The Botswana goals are aligned to those of the CBD strategy in terms of their focus (see Appendix 1 for side-by-side comparison). As with the CBD strategy, these goals will provide the framework for the 20 national targets, which in turn are aligned with the Aichi targets. In order to ensure that action is galvanised, the goals are set for a realistic 10 year period. This assumes that the next revision of the NBSAP could be considered a mid-term assessment of these goals and their related targets. [...] 7) Fair and equitable access to the benefits of biodiversity is secured [...] Para 2.4.4 (extract): Targets under Goal 4: Fair and equitable access to the benefits of biodiversity is secured. By 2025, ecosystem services are identified and restored or maintained in all Botswana’s ecoregions, and contribute to livelihood improvement through strategies that enable equitable access by all vulnerable groups, including women, the poor and local communities. [...] By 2025, the Nagoya Protocol is domesticated and operational, and specific actions that ensure fair and equitable access and benefit sharing are implemented.

Art.2

The legal framework defines “sustainable use.”

Document title	References
Botswana Climate Change Policy	Botswana’s climate change policy of 2021 The integrity of our biodiversity and ecosystems continue to contribute significantly to the country’s GDP particularly from wildlife and tourism activities. Any increased pressure on the adaptive capacity of our ecosystems is likely to have significant negative impact on our economy and human livelihoods. The government therefore commits to promoting conservation and sustainable use of biodiversity and effective management of ecosystems, as well as promotion of equitable sharing of benefits from natural resources. In order to enhance our biodiversity’s sustainability and adaptation capability, [...]
Protocol on Wildlife Conservation and Law Enforcement in the Southern African Development Community (SADC) Region	Protocol on Wildlife Conservation and Law Enforcement in the Southern African Development Community (SADC) Region, 1999 Article 1 (extract): […] "Sustainable use" means use in a way and at a rate that does not lead to the long-term decline of wildlife species; […]
Treaty between the Government of the Republic of Angola, the Government of the Republic Botswana, the Government of the Republic of Namibia, the Government of the Republic of Zambia, and the Government of the Republic of Zimbabwe on the establishment of the Kavango Zambezi Transfrontier Conservation Area (KAZA TFCA TREATY)	Treaty between the Government of the Republic of Angola, the Government of the Republic Botswana, the Government of the Republic of Namibia, the Government of the Republic of Zambia, and the Government of the Republic of Zimbabwe on the establishment of the Kavango Zambezi Transfrontier Conservation Area (KAZA TFCA TREATY), 2011 Article 1 (extract): For the purposes of this Treaty: […] “Sustainable Use” means the integrated management of resources to assure efficient use of and equitable access to Natural and Cultural Heritage Resources for the benefit of current and future generations while protecting and maintaining Natural and Cultural Heritage Resources; […]
Wildlife Policy	WIldlife Policy, 2013 Para 5.9: Sustainable Utilisation Para 5.9.1: Although Botswana has made impressive strides in wildlife conservation, there are a number of wildlife species the population status of which is of concern. The decline in the population of some species requires special attention and conservation status. The recovery of these species needs concerted effort from all stakeholders. In some instances, some species such as elephants have become over abundant and there is need to pro-actively manage such species for ecological and socio-economic purposes. Botswana is also grappling with the issue of exotic species and there is concern about their long-term impacts on biodiversity and ecosystems. Para 5.9.2 : Objective Para 5.9.2.1: To promote sustainable utilisation of wildlife resources. Para 5.9.3 : Strategies Para 5.9.3.1 : Facilitate a restricted and regulated wildlife-based industry that is premised on the principle of sustainable off-take, science-based quota setting, and efficient utilisation of the resource. Para 5.9.3.2 : Levy fees for utilisation of the wildlife resources based on differentiated user-rights. Para 5.9.3.3 : Encourage wildlife-based enterprises by providing opportunities for communities, individuals and the private sector to participate in sustainable utilisation of the wildlife resources including game ranching.

Art.2

The legal framework defines “in situ and ex situ conservation.”

Document title	References
Wildlife Policy	WIldlife Policy, 2013 Page 4 (extract): [...] In-situ conservation means the conservation of ecosystems and natural habitats and the maintenance and recovery of viable populations of species in their natural surroundings and, in the case of domesticated or cultivated species, in the surroundings where they have developed their distinctive properties. [...]

Art.2

The legal framework defines "biodiversity" as the variability of living organisms from all sources and includes not only diversity within species and between species but also that of the ecosystems and ecological complexes of which they are part.

Document title	References
Wildlife Policy	Wildlife Policy, 2013, Page 3 (extract) : [...] Biodiversity means the degree of variation of life forms in a given ecosystem or the diversity of plant and animal life in a particular habitat. [...]

Art.3

The legal framework reflects the responsibility of the State to ensure that activities carried out under its jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction.

Document title	References
Environmental Assessment (Amendment) Act 2020	Environmental Assessment (Amendment) Act of 2020 Section 69 : (1) Where a proposed activity is likely to have a significant adverse environmental impact in another country, the competent authority shall consult the Minister. (2) The Minister shall, through the Minister responsible for foreign affairs, inform the country concerned about the intended activity, by sending to that country’s minister responsible for foreign affairs, the terms of reference or a statement, and any other relevant information. (3) This section applies to any country – (a) in respect of which the Minister, having regard to any reciprocal provisions under the laws of that country, so directs; or (b) that is a party to an international agreement or treaty to which Botswana is a party, where the parties to the international agreement or treaty are obliged to inform one another.
Protocol on Wildlife Conservation and Law Enforcement in the Southern African Development Community (SADC) Region	Protocol on Wildlife Conservation and Law Enforcement in the Southern African Development Community (SADC) Region, 1999 Article 3 (extract): 1. Each State Party shall ensure the conservation and sustainable use of wildlife resources under its jurisdiction. Each State Pary shall ensure that activities within its jurisdiction or control do not cause damage to the wildlife reources of other states or in areas beyond the limits of national jurisdiction. [...] Article 7 (extract): [...] 2. States Parties shall assess and control activities which may significantly affect the conservation and sustainable use of wildlife so as to avoid or minimise negative impacts. [...]
Treaty between the Government of the Republic of Angola, the Government of the Republic Botswana, the Government of the Republic of Namibia, the Government of the Republic of Zambia, and the Government of the Republic of Zimbabwe on the establishment of the Kavango Zambezi Transfrontier Conservation Area (KAZA TFCA TREATY)	Treaty between the Government of the Republic of Angola, the Government of the Republic Botswana, the Government of the Republic of Namibia, the Government of the Republic of Zambia, and the Government of the Republic of Zimbabwe on the establishment of the Kavango Zambezi Transfrontier Conservation Area (KAZA TFCA TREATY), 2011 Article 8 (extract): 1. The obligations of the Partner States as outlined in this Treaty shall be to: […] b. ensure that development activities in a Partner State shall not cause adverse effects in areas beyond the limits of national jurisdiction; […]

Art.5

The legal framework encourages the cooperation with other Contracting Parties (directly or, where appropriate, through competent international organizations) in respect of areas beyond national jurisdiction and on other matters of mutual interest, for the conservation and sustainable use of biodiversity.

Document title	References
National policy and strategy for the conservation and management of elephants in Botswana 2003	National Policy and Strategy for the Conservation and Management of Elephants in Botswana, 2003 Objective 5 (Meet international obligations), page 13 STRATEGY 1: Continue to participate in CITES and to support the MIKE project Activities: o Produce the required information on elephant o Allocate appropriate staff for participating in CITES related work STRATEGY 2: Facilitate cross-border initiatives Activities: o Cooperate with neighbouring countries in developing transfrontier conservation initiatives o Establish or continue an inter-governmental committee to deal with cross-border issues o Coordinate timing of cross - border elephant surveys STRATEGY 3: Maintain transparency of any operations that might affect shared elephant populations Activities: o Communicate management plans and intentions with the relevant agencies in neighbouring countries STRATEGY 4: Cooperate with Southern African states on CITES issues Activities: o Continue to work on elephant issues through SADC Wildlife Technical Committee
Protocol on Wildlife Conservation and Law Enforcement in the Southern African Development Community (SADC) Region	Protocol on Wildlife Conservation and Law Enforcement in the Southern African Development Community (SADC) Region, 1999 Article 9 (extract): 1. State Parties shall take the necessary measures to ensure the effective enforcement of legislation governing the conservation and sustainable use of wildlife resources. 2. State Parties shall allocate appropriate financial and human resources required for the effective enforcement of legislation governing the conservation and sustainable use of wildlife. 3. The enforcement of legislation referred to in paragraph 2: a) coordination with their designated Interpol National Central Bereaus (Interpol NCBs) b) exchanging information concerning the illegal taking of , and trade in, wildlife and wildlife products; c) co-ordinating efforts with wildlife law enforcement authorities and Interpol NCBs to apprehend illegal takers and traders and to recover and dispose of illegal wildlife products; and d) undertaking any other initiatives which promote the effective and effecient enforcemtn of wildlife laws and regulations within, between and among State Parties. [...]
Treaty between the Government of the Republic of Angola, the Government of the Republic Botswana, the Government of the Republic of Namibia, the Government of the Republic of Zambia, and the Government of the Republic of Zimbabwe on the establishment of the Kavango Zambezi Transfrontier Conservation Area (KAZA TFCA TREATY)	Treaty between the Government of the Republic of Angola, the Government of the Republic Botswana, the Government of the Republic of Namibia, the Government of the Republic of Zambia, and the Government of the Republic of Zimbabwe on the establishment of the Kavango Zambezi Transfrontier Conservation Area (KAZA TFCA TREATY), 2011 Article 5 (extract): General Principles 1. For the execution of the objectives expressed in this Treaty, the Partner States undertake to uphold the following principles : […] h. develop agreements, protocols and guidelines as may be necessary in each area of cooperation which shall spell out the objectives and scope of, and institutional mechanisms for, cooperation; i. make the KAZA TFCA a programme which epitomises and showcases benefit sharing, equality, good governance, collaboration and cooperation; and […] Article 8 (extract): Obligations of the Partner States 1. The obligations of the Partner States as outlined in this Treaty shall be to: […] d. cooperate to develop common approaches to natural and cultural resources management and tourism development; […]
Environmental assessment regulations	Environmental Assessment Regualtions, 2012 Form E (extract) : i. [...] The procedure to be adopted cannot be much different from the procedures already described for domiciled impacts. Reference should therefore be made to those guidelines. However, there are some areas that require additional input as described below: • Where an activity is likely to have an impact outside the borders, the scoping should reflect this by identifying and consulting interested and affected parties in the neighbouring countries. The assistance of Department of Environmental Affairs (DEA) may be sought to make contact with counterparts in the neighbouring countries; •While public consultations in the manner prescribed in the EA Act may not be feasible in the affected countries, it may be possible to obtain their input via the counterparts of DEA in those countries. In view of this an open reporting system through the DEA may be helpful; • Ensure that concerns raised by the affected country are adequately addressed in the consequent ToR; and • Seek and obtain all relevant information from the affected countries. The DEA may be helpful in this exercise.

Art.6 (a)

National strategies, plans or programmes for the conservation and sustainable use of biodiversity (including wildlife) exist, and/or the legal framework allows for their development or the adaptation of other existing national plans.

Document title	References
Elephant Management Plan, 2021	Elephant Management Plan and Action Plan, 2021 -2026 Para 10 (extract) : Vision, Targets and Key Components Vision: To conserve optimal elephant populations while ensuring the maintenance of habitats and biodiversity, promoting the contribution of elephants to local economies and to National development while minimising their negative impacts on rural livelihoods Targets: 1. To maintain viable populations of elephants in Botswana through minimal interference and where necessary by adaptive management 2. To ensure elephant populations do not adversely impact on biodiversity conservation goals and community livelihood goals 3. To involve all sectors in the realisation of the full economic potential of elephants and other wildlife resources outside the protect areas through sustainable utilisation.
Wildlife Policy	Wildlife policy, 2013 Para 5.3.4.1: Develop and periodically review management plans, strategies and policies to guide the management, conservation and utilization of wildlife resources and protected areas.
National Biodiversity Strategy and Action Plan	National Biodiversity Strategy and Action Plan, 2016 Para 2.3 : Goals The Botswana goals are aligned to those of the CBD strategy in terms of their focus (see Appendix 1 for side-by-side comparison). As with the CBD strategy, these goals will provide the framework for the 20 national targets, which in turn are aligned with the Aichi targets. In order to ensure that action is galvanised, the goals are set for a realistic 10 year period. This assumes that the next revision of the NBSAP could be considered a mid-term assessment of these goals and their related targets. 1) Biodiversity is mainstreamed and valued across all sectors of society 2) The pressure on biodiversity is reduced and natural resources are used sustainably 3) Ecosystems, species and genetic resources are protected through sound management 4) Fair and equitable access to the benefits of biodiversity is secured 5) Participatory planning, knowledge management and capacity-building are in place to support NBSAP implementation.

Art.6 (b)

The legal framework allow for the integration of conservation and sustainable use of biodiversity into relevant sectoral and cross-sectoral policies.

Document title	References
Climate Change Policy, 2021	Elephant Management Plan and Action Plan, 2021 -2026 Para 2.4 [extract]: Climate Change Climate change is causing the frequency, severity, duration and spatial extent of droughts to increase. With increasing drought, it is anticipated that water dependent species such as elephants will seek water in areas where humans are practising agriculture. The competition for limited water resources is responsible for escalating conflicts between humans and elephant. The impacts of elephants on susceptible vegetation will likely be amplified by climate change. Any effort to manage elephants and their impacts must form part of a comprehensive, proactive and integrated approach in order to build the longer-term resilience of vulnerable communities, ecosystems and the economy.
Elephant Management Plan, 2021	Botswana Climate Change Policy, 2021 Para 8.1.8: Biodiversity and Ecosystems The integrity of our biodiversity and ecosystems continue to contribute significantly to the country’s GDP particularly from wildlife and tourism activities. Any increased pressure on the adaptive capacity of our ecosystems is likely to have significant negative impact on our economy and human livelihoods. The government therefore commits to promoting conservation and sustainable use of biodiversity and effective management of ecosystems, as well as promotion of equitable sharing of benefits from natural resources. In order to enhance our biodiversity’s sustainability and adaptation capability, the Policy will: a) Accelerate the prioritization of Climate Change related research on species richness changes, migration, pests and diseases; b) Support the coordinated implementation and integration of Climate Change into existing biodiversity and ecosystem related policies and community based Programmes; c) Promote use of ecosystem based adaptation approaches in order to take into consideration the full range of possible climate outcomes; d) Adopt Climate Change guidelines for designing and monitoring of development activities within and adjacent to sensitive ecosystems in order to enhance their resilience under changing climates; e) Where possible avoid human settlements adjacent to sensitive ecosystems that may interfere with the natural rehabilitation cycles of such ecosystems especially large water bodies; and f) Promote the implementation of natural capital accounting measures.
Botswana National Climate Change Strategy, 2018	Botswana National Climate Change Strategy, 2018 Para 5 (extract): Cross-cutting themes Pages 94-110 Cross-cutting Themes (gender and vulnerable people and gender based strategies; education, training, and capacity building, strategies for education, training and capacity building; economic equality and equity, strategies for economic equality and equity; innovation, research and development, strategies recommended for innovation; communication and knowledge management, strategies for communication and knowledge management; climate services, strategies for climate services.
National Development Plan 11 (April 2017 – March 2023)	National Development Plan 11, April 2017-March 2023 Para 7.88 : To address some of these challenges, several strategies will be executed during NDP 11. In this regard, Government Government will develop, review and implement relevant environmental legislations to address some of the problems. This will be done taking into consideration, the linkages between natural resources and their utilisation.
Vision 2036 : Achieving Prosperity for all is a national policy with a multi-sectoral approach	Vision 2036: Achieving prosperity for all, 2016 Pillar 3 (page 21) By 2036 sustainable and optimal use of natural resources will have transformed our economy and uplifted our people’s livelihoods. This pillar includes the ecosystem functions and services, sustainable utilization of natural resources, water security, energy security, sustainable land use and management, sustainable human settlements, climate resilience and disaster risk reduction and pollution and waste,

Art.7 (a)

The legal framework allows for the identification of components of biodiversity that are important for its conservation and sustainable use, having regard to the indicative list of categories set down in Annex I (ecosystems and habitats, species, genomes and genes).

Document title	References
Wildlife Conservation and National Parks Act	Wildlife Conservation and National Parks Act [Chapter 38: 01, 1992 Section 5 (extract): (1) Any area specified in the First Schedule to this Act is hereby declared to be a national park for the propagation, protection and preservation therein of wild animal life, vegetation and objects of geological, ethnological, archaeological, historical or other scientific interest for the benefit and advantage and enjoyment of the inhabitants of Botswana. (2) The President may, by order published in the Gazette, declare any area of State Land or any land bequeathed or donated to him or to any other person, to be a national park, either on its own or adding it to an existing national park: [..] Section 12 (extract): (1) Each of the areas defined in the Second Schedule is hereby declared to be a game reserve or a sanctuary in respect of the animals, species, or variety, specimen or sex of animal specified in relation thereto. (2) The President may, from time to time, by order published in the Gazette declare any other area of land to be a game reserve or a sanctuary, or alter the boundaries of, or abolish, any game reserve or sanctuary: [...] Section 15 (extract): Wildlife management areas (1) The areas specified in the Third Schedule are hereby declared to be wildlife management areas. (2) The President may, by order published in the Gazette, declare any area to be a wildlife management area, or in like manner abolish any such wildlife management area, or amend the boundaries of any such wildlife management area by adding new areas or by deleting areas.[...] Section 16 (extract) : (1) The areas specified in the Fourth Schedule are hereby declared to be controlled hunting areas. [...] Section 18: The animals specified in Part I of the Seventh Schedule shall be partially protected game animals throughout Botswana, and no person shall, except under and in accordance with the terms and conditions of a licence or permit issued under this Act, hunt or capture any partially protected game animal. Wildlife Conservation and National Parks (Amendment) Act, 2023 Section 5 (extract): The Act is amended by substituting for section 17, the following new section - 17. (1) The animals specified in the Six th Schedule shall be protected fish and game animals throughout Botswana. (2) No person shall, except in accordance with the terms and conditions of a permit issued by the Director under section 39 or section 40, fish, hunt or capture any protected fish or game animal. [...]
Elephant Management Plan, 2021	Botswana Elephant Management Plan and action plan 2021-2026 Para 4 (extract) : The policy and legislative environment, page 24 […] The management of elephants will also be aligned to national imperatives and priorities as outlined in Vision 2036 and, the National Development Plan 11. The focus will be on improving inventory, and intensifying compliance efforts by monitoring the status and diversity of species within the predetermined localities. Emphasis will also be placed on public education and awareness.[…]
Forest Act	Forest Act [Chapter 38:03], 1968 Section 4 : The President may, by statutory instrument, make an order to declare any area on State land to be a forest reserve. Section 5 (extract): (1) A local authority may propose to the Minister that a forest reserve be established in any area of its land. [...] Section 6 : A land board acting in accordance with the advice of the local authority may propose to the President that a forest reserve be established on any land within its area.
Wildlife Policy	Wildlife Policy, 2013 para 5.3.4.3: Conduct regular monitoring and periodic comprehensive wildlife resource inventories. Para 5.10.1: Wildlife research and monitoring will be strengthened and given more emphasis in wildlife management. Research is a key component of sustainable utilisation and management of wildlife resources. The results of research and monitoring need to be incorporated into decision-making processes for wildlife management and shared with all stakeholders. Current research and resource monitoring activities such as aerial surveys (DWNP), ground counts, specific research projects (e.g. predator research) 19 and private initiatives (e.g. bird inventories and monitoring) will be enhanced.

Art.7 (b)

The legal framework allows for the monitoring, through sampling and other techniques, of the components of biodiversity, as well as enhanced monitoring of those that require urgent conservation measures and/or offer the greatest potential for sustainable use.

Document title	References
Treaty between the Government of the Republic of Angola, the Government of the Republic Botswana, the Government of the Republic of Namibia, the Government of the Republic of Zambia, and the Government of the Republic of Zimbabwe on the establishment of the Kavango Zambezi Transfrontier Conservation Area (KAZA TFCA TREATY)	Treaty between the Government of the Republic of Angola, the Government of the Republic Botswana, the Government of the Republic of Namibia, the Government of the Republic of Zambia, and the Government of the Republic of Zimbabwe on the establishment of the Kavango Zambezi Transfrontier Conservation Area (KAZA TFCA TREATY), 2011 Article 6 (extract): Objectives of the KAZA TFCA 1. The KAZA TFCA specific objectives shall be to : [...] j. promote and facilitate the harmonisation of relevant legislation, policies and approaches in the area of transboundary animal disease prevention, surveillance and control within the KAZA TFCA; [...]
Wildlife Policy	The Wildlife Policy, 2013 Para 5.3.4.3: Conduct regular monitoring and periodic comprehensive wildlife resource inventories. Para 5.10.1: Wildlife research and monitoring will be strengthened and given more emphasis in wildlife management. Research is a key component of sustainable utilisation and management of wildlife resources. The results of research and monitoring need to be incorporated into decision-making processes for wildlife management and shared with all stakeholders. Current research and resource monitoring activities such as aerial surveys (DWNP), ground counts, specific research projects (e.g. predator research)and private initiatives (e.g. bird inventories and monitoring) will be enhanced. Para 5.10.3.2 : Socio-economic research and monitoring of and research into human-wildlife conflict. Para 5.10.3.3 : Ecological, habitat and biological research and monitoring of wildlife including wildlife population species trends. Para 5.10.3.4: Conduct research and monitoring of the wildlife resources to support adaptive wildlife management.

Document title

References

Treaty between the Government of the Republic of Angola, the Government of the Republic Botswana, the Government of the Republic of Namibia, the Government of the Republic of Zambia, and the Government of the Republic of Zimbabwe on the establishment of the Kavango Zambezi Transfrontier Conservation Area (KAZA TFCA TREATY), 2011
Article 6 (extract): Objectives of the KAZA TFCA
1. The KAZA TFCA specific objectives shall be to : [...]
j. promote and facilitate the harmonisation of relevant legislation, policies and approaches in the area of transboundary animal disease prevention, surveillance and control within the KAZA TFCA; [...]

Wildlife Policy

The Wildlife Policy, 2013
Para 5.3.4.3: Conduct regular monitoring and periodic comprehensive wildlife resource inventories.
Para 5.10.1: Wildlife research and monitoring will be strengthened and given more emphasis in wildlife management. Research is a key component of sustainable utilisation and management of wildlife resources. The results of research and monitoring need to be incorporated into decision-making processes for wildlife management and shared with all stakeholders. Current research and resource monitoring activities such as aerial surveys (DWNP), ground counts, specific research projects (e.g. predator research)and private initiatives (e.g. bird inventories and monitoring) will be enhanced.
Para 5.10.3.2 : Socio-economic research and monitoring of and research into human-wildlife conflict.
Para 5.10.3.3 : Ecological, habitat and biological research and monitoring of wildlife including wildlife population species trends.
Para 5.10.3.4: Conduct research and monitoring of the wildlife resources to support adaptive wildlife management.

Art.7 (c)

The legal framework allows for the identification of processes and categories of activities having or likely to have significant adverse impacts on the conservation and sustainable use of biodiversity, and for the monitoring of their effects through sampling and other techniques.

Document title	References
Climate Change Policy, 2021	Botswana Climate Change Policy 2021 Para 5.1 (extract): Vulnerability and Impacts of Climate Change in Botswana Vulnerability to Climate Change is not only caused by Climate Change but is a combination of social, economic and other environmental factors that interact with climate change. The vulnerability of Botswana to the effects of Climate Change across economic sectors and society is indicative from the magnitude of stress on major drivers of the Gross Domestic Production (GDP) such as agriculture, water, biodiversity and ecosystems as they are climate-dependent. The stress is likely to increase due to increased variability in precipitation, which has implications on flooding risks and reduced water availability and quality in districts. The country continues to experience extreme temperatures as well as emerging environmental impacts and changes related to health in the areas not naturally having such phenomena.
Aquatic Weeds (Control) Act	Aquatic Weeds (Control) Act [Chapter 34:04], 31 December, 1971 Section 3: No person shall import into Botswana, or move from any point or place within Botswana to another point or place within Botswana, any aquatic weed.
Wildlife Conservation and National Parks Act	Wildlife Conservation and National Parks Act [Chapter 38:01], 11 December 1992 Section 19 (extract): (1) Except as, or to such extent as may be, specially provided in this Act, no person shall hunt or capture any animal (other than a non-designated invertebrate animal outside of a national park or a game reserve) otherwise than under and in accordance with the terms and conditions of a licence issued, or a permit granted, under this Act; [...]
Herbage Preservation (Prevention of Fires) Act	Herbage Preservation (Prevention of Fires) Act [Chapter 38:02], 1st February, 1978 Section 4: (1) No person shall, without the permission in writing of a Herbage Preservation Committee, set fire to any vegetation on land of which he is not the owner or in lawful occupation. (2) No person shall wilfully or negligently light a fire which by spreading damages or destroys, or threatens to damage or destroy, the property of another person.
Elephant Management Plan, 2021	Elephant Management Plan March and Action Plan (2021–2026) Para 2.1 (extract): Poaching The Department of Wildlife and National Parks (DWNP) aerial survey of 2013 provided a population estimate that was not significantly different from the 2006 estimate. During this period, poaching for ivory had been impacting elephant populations throughout Africa—peaking in 2011—and Botswana has not been exempted [...] Botswana’s National Anti-Poaching Strategy (2013) seeks to “reduce illegal offtake of wildlife by enhancing interagency cooperation through capacitation, the use of best available technologies, information sharing and the involvement of communities in law enforcement efforts” (Appendix If). The strategy identifies issues and sets out practical means to reduce illegal activity. [...]
Wildlife Conservation and National Parks (Amendment) Act 2023	Wildlife conservation and national parks (amendment) Act, 2023 Section 16 (extract): Section 92 of the Act is amended by substituting for subsection (4), the following new subsections - "( 4) The Minister may make regulations which shall apply to such areas as are specified therein, providing for the more effectual management of, and improvement of fish , the management of any specified area in which fishing may be carried out, and without prejudice to the generality of the foregoing, for all or any part of the following purposes - [...] (g) prohibiting, restricting or regulating the bringing into Botswana of any live fish ; and [...]
Forest Act	Forest Act [Chapter 38:03], 10 March, 1968 Section 12: Prohibited acts in forest reserve (1) No person shall in a forest reserve- (a) fell, cut, take, work, burn, injure or remove any forest produce; (b) squat, reside or build any hut or other living place or livestock enclosure, or construct or re-open any saw-pit or road; (c) set fire to any grass or undergrowth, or light or assist in lighting any fire, or leave unattended a fire which he has lit, or caused by his negligence, before such fire has been thoroughly extinguished, or leave therein any object likely to cause fire; (d) graze livestock or allow livestock to trespass; (e) clear, cultivate or break up land for cultivation or other purpose; or (f) be in possession of any implement for the cutting, taking, working or removal of forest produce, unless he is the holder of a licence to do so, issued under the provisions of this Act, or any other written law, or is exempted under section 17. (2) No person shall allow any fire lit by himself or his servants to spread into a forest reserve unless he is the holder of a licence to do so issued under the provisions of this Act. Section 13: Prohibited acts on State Land (1) No person shall on State land fell, cut, take, work, burn, injure or remove— (a) any tree which is growing within 10 metres of the bank of any river; or (b) any forest produce, other than forest produce—(i) used for domestic purposes in his private household or in that of his employer or for the construction of household or garden implements and furniture for himself; or (ii) gathered by any person belonging to a community which is entirely dependent for its living on hunting, the gathering of foodstuffs and the gathering of forest produce and who is himself so dependent and where the forest produce is gathered for the reasonable requirements of the members of the community to which he belongs, unless he is the holder of a licence to do so, issued under the provisions of this Act. (2) For the purposes of subsection (1)(b) "State land" does not include— (a) any area of land for which a city or a town council has been established in terms of the Town Council Regulations (Cap. 40:02 (Sub. Leg.)) and in respect of which such city or town council has made provision in its bye-laws for the protection of any forest produce; (b) any area of land occupied by a public officer as quarters provided by the Government; or (c) any other area of land which the Minister has declared, by order published in the Gazette, not to be State land.
Water Act	Water Act [Chapter 34:01], 9 February, 1968 Section 9 (extract): (1) Subject to the foregoing provisions, no person shall divert, dam, store, abstract, use, or discharge any effluent into, public water or for any such purpose construct any works, except in accordance with a water right granted under this Act: [...] Section 36: (1) Any person who- (a) except under the authority of this Act or any other written law interferes with or alters the flow of or pollutes or fouls any public water; or (b) without the permission of the Water Registrar places any poison in any public water or water in any work to which any member of the public or domestic animal may reasonably be expected to obtain access, whether lawfully or unlawfully, shall be guilty of an offence and shall be liable to the penalties prescribed in section (2) For the purposes of this section the polluting or fouling of public water shall include the discharge into, or in the vicinity of, any public water, or in a place where public water is likely to flow, of any matter or substance likely to cause injury whether directly or indirectly to public health, livestock, animal life, fish, crops, orchards or gardens which are irrigated by such water or any product in the processing of which such water is used or which occasions, or which is likely to occasion, a nuisance.

Art.7 (d)

The legal framework allows for the collection and organization of data derived from identification and monitoring activities pursuant to subparagraphs (a), (b) and (c) of article 7 of CBD, by any mechanism.

Document title	References
Elephant Management Plan, 2021	Elephant Management Plan March and Action Plan (2021 -2026) Para G (extract): Monitoring of poaching, page 61 Monitoring illegal activity, anti-poaching effort and outcome enable managers to direct efforts to priority areas and to evaluate the effectiveness of the anti-poaching activities. The CITES Monitoring the Illegal Killing of Elephants (MIKE) programme evaluates relative poaching levels based on the Proportion of Illegally Killed Elephants (PIKE). Data are collected in a standard format from designated areas within the elephant range. The data are submitted to Regional MIKE coordinators for analysis (Figure 11). The PIKE is calculated as the number of illegally killed elephants found divided by the total number of elephant carcasses encountered by patrols or other means, aggregated by year for each site. PIKE values of 0.5 or more are considered unsustainable - that is more elephants die from poaching than from natural causes. Data from aerial surveys can be used to describe long term population trends as long as methodologies are kept unvaried over time. However, estimates of numbers are not usually precise or accurate enough to be used as an early warning of significant declines. Even examining the numbers of carcasses counted during surveys is inadequate. However, carcass ratio (in reality a percentage and not a ratio) and especially the 1+2 category ratio (indicating mortality in the survey year) is a very useful objective means of monitoring poaching. This is done by dividing the number of carcasses by the sum of the number of carcasses and live animals.
National Biodiversity Strategy and Action Plan	National Biodiversity Strategy and Action Plan, 2016 Para 3.5 (extract): Botswana’s Clearing House Mechanism is within the Environmental Information System (EIS) that serves as the data platform for CBD. The EIS (www.eis.gov.bw ) is operational and globally accessible. It should be noted that there has been considerable development in providing a CHM for environmental data by DEA. The existence of the Botswana Environmental Information System (EIS) website has provided a platform for the biodiversity CHM which will serve as the data management system for the country. [...]

Document title

References

Elephant Management Plan, 2021

Elephant Management Plan March and Action Plan (2021 -2026)
Para G (extract): Monitoring of poaching, page 61
Monitoring illegal activity, anti-poaching effort and outcome enable managers to direct efforts to priority areas and to evaluate the effectiveness of the anti-poaching activities. The CITES Monitoring the Illegal Killing of Elephants (MIKE) programme evaluates relative poaching levels based on the Proportion of Illegally Killed Elephants (PIKE).
Data are collected in a standard format from designated areas within the elephant range. The data are submitted to Regional MIKE coordinators for analysis (Figure 11). The PIKE is calculated as the number of illegally killed elephants found divided by the total number of elephant carcasses encountered by patrols or other means, aggregated by year for each site. PIKE values of 0.5 or more are considered unsustainable - that is more elephants die from poaching than from natural causes.
Data from aerial surveys can be used to describe long term population trends as long as methodologies are kept unvaried over time. However, estimates of numbers are not usually precise or accurate enough to be used as an early warning of significant declines. Even examining the numbers of carcasses counted during surveys is inadequate. However, carcass ratio (in reality a percentage and not a ratio) and especially the 1+2 category ratio (indicating mortality in the survey year) is a very useful objective means of monitoring poaching. This is done by dividing the number of carcasses by the sum of the number of carcasses and live animals.

National Biodiversity Strategy and Action Plan

National Biodiversity Strategy and Action Plan, 2016
Para 3.5 (extract): Botswana’s Clearing House Mechanism is within the Environmental Information System (EIS) that serves as the data platform for CBD. The EIS (www.eis.gov.bw ) is operational and globally accessible. It should be noted that there has been considerable development in providing a CHM for environmental data by DEA. The existence of the Botswana Environmental Information System (EIS) website has provided a platform for the biodiversity CHM which will serve as the data management system for the country. [...]

Art.8 (a)

The legal framework allows for the creation of a system of protected areas or areas where special measures are taken to conserve biological diversity.

Document title	References
Wildlife Conservation and National Parks Act	Wildlife Conservation and National Parks Act [Chapter 38:01], 1992 Section 5 (extract) : (1) Any area specified in the First Schedule to this Act is hereby declared to be a national park for the propagation, protection and preservation therein of wild animal life, vegetation and objects of geological, ethnological, archaeological, historical or other scientific interest for the benefit and advantage and enjoyment of the inhabitants of Botswana. (2) The President may, by order published in the Gazette, declare any area of State Land or any land bequeathed or donated to him or to any other person, to be a national park, either on its own or adding it to an existing national park: [..] Section 12 (extract): (1) Each of the areas defined in the Second Schedule is hereby declared to be a game reserve or a sanctuary in respect of the animals, species, or variety, specimen or sex of animal specified in relation thereto. (2) The President may, from time to time, by order published in the Gazette declare any other area of land to be a game reserve or a sanctuary, or alter the boundaries of, or abolish, any game reserve or sanctuary: [...] Section 13 (extract): (1) The owner of private land may apply in writing to the President to have his land declared a private game reserve, and the President may, by order published in the Gazette, and subject to such terms and conditions as the President may determine, declare such land to be a private game reserve for the protection and preservation therein of all wild animal life or of such species or variety of animals as may be specified in the order. [...] Section 15 (extract) : (1) The areas specified in the Third Schedule are hereby declared to be wildlife management areas. (2) The President may, by order published in the Gazette, declare any area to be a wildlife management area, or in like manner abolish any such wildlife management area, or amend the boundaries of any such wildlife management area by adding new areas or by deleting areas. [...] Section 16 (extract): (1) The areas specified in the Fourth Schedule are hereby declared to be controlled hunting areas. (2) The Minister may, by order published in the Gazette, declare any area of land in Botswana to be a controlled hunting area, and may, in like manner, abolish declared controlled hunting areas or amend the boundaries of declared controlled hunting areas by adding other areas thereto or by deleting areas therefrom. [...]
Forest Act	Forest Act [Chapter 38:03], 1968 Section 4 : The President may, by statutory instrument, make an order to declare any area on State land to be a forest reserve. Section 5 (extract) : (1) A local authority may propose to the Minister that a forest reserve be established in any area of its land. [...] Section 6: A land board acting in accordance with the advice of the local authority may propose to the President that a forest reserve be established on any land within its areas
Treaty between the Government of the Republic of Angola, the Government of the Republic Botswana, the Government of the Republic of Namibia, the Government of the Republic of Zambia, and the Government of the Republic of Zimbabwe on the establishment of the Kavango Zambezi Transfrontier Conservation Area (KAZA TFCA TREATY)	Treaty between the Government of the Republic of Angola, the Government of the Republic Botswana, the Government of the Republic of Namibia, the Government of the Republic of Zambia, and the Government of the Republic of Zimbabwe on the establishment of the Kavango Zambezi Transfrontier Conservation Area (KAZA TFCA TREATY), 2011 Article 6 (extract): 1. The KAZA TFCA specific objectives shall be to : [...] b. promote and facilitate the development of a complementary network of Protected Areas within the KAZA TFCA linked through corridors to safeguard the welfare and continued existence of migratory wildlife species; [...]
Wildlife Policy	Wildlife Policy, 2013 Para 2.4.7: The Policy advocates for the following land uses and categories to be distinguished, defined and gazetted: (a) National Parks where wildlife and all other natural resources are preserved; (b) Game Reserves where stated wildlife resources are conserved and hunting may be permitted under special conditions; (c) Wildlife Management Areas where wildlife conservation and utilisation are balanced and other land uses maybe permitted; (d) Sanctuaries, game ranches and farms where the economic and ecological objectives are set by the owner; (e) Important Bird Areas being key habitats for birds that require protection and management; (f) Important Fish Areas being key habitats for fish that require protection and management; (g) Transfrontier Conservation Areas for management of natural resources that straddle across international boundaries; and (h) Wetland ecosystems with potential for aquatic species conservation, fishing/aquaculture and recreation. Para 3.2 (extract): The following considerations underpin the Policy objectives and actions: [...] (ix) Providing guidance for community-based and transboundary natural resource management; and [...] Para 5.4.2.1 : To facilitate the development of Transfrontier Conservation Areas (TFCAs) and other Transboundary management initiatives to promote regional integration in conservation and economic benefits.

Art.8 (b)

The legal framework allows for the development of guidelines for the selection, establishment and management of protected areas or areas where special measures are taken to conserve biodiversity.

Document title	References
Wildlife Conservation and National Parks Act	Wildlife Conservation and National Parks Act [Chapter 38:01] Section 5 (extract): (1) Any area specified in the First Schedule to this Act is hereby declared to be a national park for the propagation, protection and preservation therein of wild animal life, vegetation and objects of geological, ethnological, archaeological, historical or other scientific interest for the benefit and advantage and enjoyment of the inhabitants of Botswana.[...] Section 12 (extract): (1) Each of the areas defined in the Second Schedule is hereby declared to be a game reserve or a sanctuary in respect of the animals, species, or variety, specimen or sex of animal specified in relation thereto. [...] Section 15 (extract): (1) The areas specified in the Third Schedule are hereby declared to be wildlife management areas.[...] Section 16 (extract): (1) The areas specified in the Fourth Schedule are hereby declared to be controlled hunting areas.[...]
Forest Act	Forest Act [Chapter 38:03] Section 4 : The President may, by statutory instrument, make an order to declare any area on State land to be a forest reserve. Section 5 (extract): (1) A local authority may propose to the Minister that a forest reserve be established in any area of its land. [...] Section 6: A land board acting in accordance with the advice of the local authority may propose to the President that a forest reserve be established on any land within its area. Section 7 : Declaration of forest reserve on local authority land and land in tribal territory (1) The President may, after considering any proposals referred to him in terms of section 5 or 6, by order published in the Gazette, declare the area referred to therein to be a forest reserve. (2) The President may, by the same or other order published in the Gazette, authorize a local authority to make bye-laws in respect of- (a) a forest reserve declared over the land of such local authority; or (b) a forest reserve declared on tribal territory within the area of such local authority. (3) Any bye-laws referred to in subsection (2) may be made for the purpose of- (a) taking measures, including the appointment of officers, for the protection, control and management of such forest reserve; (b) issuing licences for the felling and taking of forest produce within such reserve; or (c) collecting fees or royalties in respect of such produce and paying such fees or royalties into the revenue of such local authority. (4) The President may amend or revoke any authorization granted by him under subsection (2). (5) An order made in terms of subsection (2) or (3) may provide that the protection, control and management of such forest reserve shall be subject to the general control and directions of the forest officer.
Wildlife Policy	Wildlife Policy, 2013 Para 2.4.7: The Policy advocates for the following land uses and categories to be distinguished, defined and gazetted : (a) National Parks where wildlife and all other natural resources are preserved; (b) Game Reserves where stated wildlife resources are conserved and hunting may be permitted under special conditions; (c) Wildlife Management Areas where wildlife conservation and utilisation are balanced and other land uses maybe permitted; (d) Sanctuaries, game ranches and farms where the economic and ecological objectives are set by the owner; (e) Important Bird Areas being key habitats for birds that require protection and management; (f) Important Fish Areas being key habitats for fish that require protection and management; (g) Transfrontier Conservation Areas for management of natural resources that straddle across international boundaries; and (h) Wetland ecosystems with potential for aquatic species conservation, fishing/aquaculture and recreation.

Art.8 (c)

The legal framework allows for the regulation or management of biological resources important for the conservation of biodiversity, within or outside protected areas, to ensure their conservation and sustainable use.

Document title	References
Wildlife Conservation and National Parks Act	Wildlife Conservation and National Parks Act [Chapter 38:01], 1992 Section 18: The animals specified in Part I of the Seventh Schedule shall be partially protected game animals throughout Botswana, and no person shall, except under and in accordance with the terms and conditions of a licence or permit issued under this Act, hunt or capture any partially protected game animal. Section 19 (extract): (1) Except as, or to such extent as may be, specially provided in this Act, no person shall hunt or capture any animal (other than a non-designated invertebrate animal outside of a national park or a game reserve) otherwise than under and in accordance with the terms and conditions of a licence issued, or a permit granted, under this Act: [...] Section 92 (extract): (1) The Minister may make regulations to give force and effect to the provisions of this Act and for its better administration, and without derogating from the generality of the foregoing such regulations may provide for the following matters — (a) any matters which this Act specially provides may be prescribed or may be made by regulations; (b) forms of applications, licences, permits, certificates, registers, returns and other forms that may be required for the purposes of this Act, and any fees to be paid in respect thereof; (c) the administration of controlled hunting areas or any such area or any part thereof the restriction, control or regulation of the hunting or capture of anim als in such areas or any such area or part thereof, and the terms and conditions under which animals may be hunted or captured therein and the fees to be paid for such hunting or capture or in respect of the doing of any specified thing therein or the use of any article or facility provided therein; (d) the terms and conditions to be complied with by the holder of any licence or permit; (e) facilitating the compliance by Botswana with CITES and any other international agreement to which Botswana is or becomes a party; (f) the payment of royalties by holders of permits, the circumstances in which such royalties shall be paid, and fixing and altering such royalties; (g) prohibiting, restricting, controlling or regulating the coursing of animals with dogs, or the driving of animals by beaters; (h) the care and handling during and after capture of animals captured under the authority of a permit, the stabling and feeding of such animals and the conditions under which they may be transported; (i) prohibiting, restricting, controlling and regulating the sale of any trap or similar contrivance, which may be used in the trapping, snaring or capture of animals; (j) the payment of rewards to persons finding and surrendering trophies generally, or particular trophies, the amounts of such rewards and the conditions subject to which they shall be paid; (k) the payment of the costs of transporting trophies generally or particular trophies surrendered or delivered to district offices or police stations, and the manner of calculating the amounts to be paid; (l) the wearing of uniforms or badges by wildlife officers, gate attendants and honorary officers, and the type or description of such uniforms or badges; (m) the provision of a code of conduct to regulate the conduct and discipline of wildlife officers; and (n) the control of the use of and the administration of firearms within the Department. (2) Different regulations may be made in respect of different animals or classes or species of animals, or in respect of the same animals, classes or species in different circumstances, or in respect of different or particular areas. (3) Different regulations, including the prescribing of different fees to be paid, may be made in respect of citizens of Botswana, residents of Botswana and other persons. [...]
Wildlife Conservation and National Parks (Amendment) Act 2023	Wildlife conservation and national parks (amendment) Act, 2023 Section 5: The Act is amended by substituting for section 17, the following new section - 17. (1) The animals specified in the Sixth Schedule shall be protected fish and game animals throughout Botswana. (2) No person shall, except in accordance with the terms and conditions of a permit issued by the Director under section 39 or section 40, fish, hunt or capture any protected fish or game animal. (3) Any person who contravenes the provisions of this section shall be guilty of an offence and liable to a fine of P 10 000 or to imprisonment for 7 years, or to both: Provided that, where the animal in respect of which the offence is committed is a rhinoceros, the person shall be liable to a fine of P 10 000 or to imprisonment for 15 years, or to both”. Section 16 (extract): Section 92 of the Act is amended by substituting for subsection (4), the following new subsections - "( 4) The Minister may make regulations which shall apply to such areas as are specified therein, providing for the more effectual management of, and improvement of fish , the management of any specified area in which fishing may be carried out, and without prejudice to the generality of the foregoing, for all or any part of the following purposes - (a) imposing and prescribing conditions for the regulation of fishing; (b) registering all boats employed in fishing; (c) determining the times and seasons at which the taking of any species of fish shall commence and cease; (d) the issuing of licences and certificates of registration to ,persons authorised to take any species of fish; (e) prescribing the fees to be paid for or in respect of any licence or registration issued or made; (j) providing for and regulating the description and form of nets to be used in fishing and the size of the meshes thereof, or the prohibiting of any special description of nets or meshes or any tackle, instrument or appliance whatsoever tending to impede the lawful taking of fish or being in any manner detrimental to the preservation or increase of fish; (g) prohibiting, restricting or regulating the bringing into Botswana of any live fish ; and (h) prohibiting, restricting or regulating the sale of any fish. [...]
Forest Act	Forest Act [Chapter 38:03], 1968 Section 11 (extract): (1) The Minister may, by order published in the Gazette, declare any tree or class of tree to be a protected tree in Botswana or in any part thereof: [...] (2) No person shall fell, cut, take, work, burn, injure or remove any protected tree unless he is the holder of a licence to do so issued under the provisions of this Act. Section 12: (1) No person shall in a forest reserve- (a) fell, cut, take, work, burn, injure or remove any forest produce; (b) squat, reside or build any hut or other living place or livestock enclosure, or construct or re-open any saw-pit or road; (c) set fire to any grass or undergrowth, or light or assist in lighting any fire, or leave unattended a fire which he has lit, or caused by his negligence, before such fire has been thoroughly extinguished, or leave therein any object likely to cause fire; (d) graze livestock or allow livestock to trespass; (e) clear, cultivate or break up land for cultivation or other purpose; or (f) be in possession of any implement for the cutting, taking, working or removal of forest produce, unless he is the holder of a licence to do so, issued under the provisions of this Act, or any other written law, or is exempted under section 17. (2) No person shall allow any fire lit by himself or his servants to spread into a forest reserve unless he is the holder of a licence to do so issued under the provisions of this Act. Section 13: (1) No person shall on State land fell, cut, take, work, burn, injure or remove- (a) any tree which is growing within 10 metres of the bank of any river; or (b) any forest produce, other than forest produce- (in) used for domestic purposes in his private household or in that of his employer or for the construction of household or garden implements and furniture for himself; or (ii) gathered by any person belonging to a community which is entirely dependent for its living on hunting, the gathering of foodstuffs and the gathering of forest produce and who is himself so dependent and where the forest produce is gathered for the reasonable requirements of the members of the community to which he belongs, unless he is the holder of a licence to do so, issued under the provisions of this Act. Section 19A: (1) Subject to the provisions of this section, no person shall import, export or re-export, possess or transport any species of flora specified in the Convention except in accordance with a permit or certificate, as the case may be, issued by a management authority in consultation with the scientific authority. Section 33 (extract): (1) The Minister may make regulations prescribing anything which under this Act is to be prescribed. (2) In particular, and without derogating from the generality of the foregoing, the Minister may make regulations concerning - (a) the issue, termination, cancellation, suspension or extension of licences and the conditions which may be attached thereto; [...] (c) dimensions, seasoning, names and marks of any forest produce and registration of and the rendering of returns by persons engaged in the transport, sale, manufacture and use of forest produce; (d) providing for the survey and demarcation of forest reserves; (e) the position, use and registration of marking hammers, instruments or devices; (f) the marking and numbering of trees and the listing of trees in relation to their markings, numbers and location; (g) the removal of felled timber from a forest reserve and the conditions relating to its removal. [...]

Art.8 (d)

The legal framework allows for the protection of ecosystems and natural habitats, and for the maintenance of viable populations of species in natural surroundings.

Document title	References
Wildlife Conservation and National Parks Act	Wildlife Conservation and National Parks Act [Chapter 38:01], 1992 Section 5 (extract): (1) Any area specified in the First Schedule to this Act is hereby declared to be a national park for the propagation, protection and preservation therein of wild animal life, vegetation and objects of geological, ethnological, archaeological, historical or other scientific interest for the benefit and advantage and enjoyment of the inhabitants of Botswana. [...] Section 12 (extract): (1) Each of the areas defined in the Second Schedule is hereby declared to be a game reserve or a sanctuary in respect of the animals, species, or variety, specimen or sex of animal specified in relation thereto. [...]
Treaty between the Government of the Republic of Angola, the Government of the Republic Botswana, the Government of the Republic of Namibia, the Government of the Republic of Zambia, and the Government of the Republic of Zimbabwe on the establishment of the Kavango Zambezi Transfrontier Conservation Area (KAZA TFCA TREATY)	Treaty between the Government of the Republic of Angola, the Government of the Republic Botswana, the Government of the Republic of Namibia, the Government of the Republic of Zambia, and the Government of the Republic of Zimbabwe on the establishment of the Kavango Zambezi Transfrontier Conservation Area (KAZA TFCA TREATY), 2011 Article 6 (extract): Objectives of the KAZA TFCA 1. The KAZA TFCA specific objectives shall be to: [...] (a). maintain and manage the shared Natural and Cultural Heritage Resources and biodiversity of the KAZA TFCA to support healthy and viable populations of wildlife species; (b). promote and facilitate the development of a complementary network of Protected Areas within the KAZA TFCA linked through corridors to safeguard the welfare and continued existence of migratory wildlife species; [...] (h). promote and facilitate the harmonisation of relevant legislation, policies and approaches in Natural and Cultural Heritage Resources management acrossinternational borders and ensure compliance with international protocols and conventions related to the protection and Sustainable Use of species and ecosystems; [...] Article 8 (extract): 1. The obligations of the Partner States as outlined in this Treaty shall be to: (a). ensure the protection and management of those parts of the Kavango Zambezi ecosystem falling directly under their jurisdiction; [...]
Wildlife Policy	Wildlife Policy, 2013 Para 2.4.7 : The Policy advocates for the following land uses and categories to be distinguished, defined and gazetted: (a) National Parks where wildlife and all other natural resources are preserved; (b) Game Reserves where stated wildlife resources are conserved and hunting may be permitted under special conditions; (d) Sanctuaries, game ranches and farms where the economic and ecological objectives are set by the owner; (e) Important Bird Areas being key habitats for birds that require protection and management; (f) Important Fish Areas being key habitats for fish that require protection and management; (g) Transfrontier Conservation Areas for management of natural resources that straddle across international boundaries; and (h) Wetland ecosystems with potential for aquatic species conservation, fishing/aquaculture and recreation.
National Biodiversity Strategy and Action Plan	National Biodiversity Strategy and Action Plan 2016 Para 2.4.3 : Goal 3 By 2025, at least 25 percent of all Botswana’s ecoregions, particularly the wetlands, rivers and pans in them, are effectively conserved through an ecosystem approach that integrates their management with that of the surrounding landscapes and involves resident communities. By 2025, the conservation status of species in Botswana that are listed as threatened has been improved or sustained. By 2025, the genetic resources of traditional agricultural species and their wild relatives are protected, and strategies for minimizing genetic erosion and safeguarding their genetic diversity have been implemented.

Art.8(e)

The legal framework allows for the promotion of environmentally sound and sustainable development in areas adjacent to protected areas as a way to increase their protection.

Document title	References
Wildlife Conservation and National Parks Act	Wildlife Conservation and National Parks Act [Chapter 38:01] Section 15 (extract): (1) The areas specified in the Third Schedule are hereby declared to be wildlife management areas. [...]
Wildlife Policy	Wildlife Policy, 2013 Para 2.4.1 (extract): [...] wildlife management areas (WMAs) form a buffer between parks and reserves, and agricultural areas. They also form corridors that connect parks and reserves. These are located mostly on tribal land while parks and reserves are all on state land with the exception of Moremi Game Reserve. Para 2.4.4 : The species diversity and associated threats occur beyond the boundaries of the protected areas, emphasising the importance of equally protecting and maintaining WMAs and other wildlife areas and categories. Government has taken a decision to create a 25 km nonhunting buffer zone around national parks and reserves. This move is intended to enhance the conservation objective and biodiversity protection for which these protected areas were created for. It is only logical that the land use in a protected area and the area in its immediate vicinity are compatible.
National Biodiversity Strategy and Action Plan	National Biodiversity Strategy and Action Plan, 2016 Para 3.8.14 (extract): Strategic Actions for Target 14: By 2025, ecosystem services are identified and restored or maintained in all Botswana’s ecoregions, and contribute to livelihood improvement through strategies that enable equitable access by all vulnerable groups, including women, the poor and local communities. [...] Required solutions/actions (extract): Effective management of buffer zones around protected areas and wildlife management areas [...]

Art.8 (f)

The legal framework allows for the rehabilitation and restoration of degraded ecosystems, in particular through the development and implementation of management plans or strategies.

Document title	References
Botswana Climate Change Policy	Botswana Climate Change Policy , 2021 Para 8.1.5 (extract): Forest Management The government recognises the value of forests and its dual role for adaptation and mitigation to adverse impacts of climate change. Land rehabilitation and forest management are instrumental in maintaining the integrity of forests as providers of ecosystem services and carbon sinks. In order to increase the integrity and sustainability of our forest and ensure that the threats of human and induced interventions are minimized, the Policy will; [...] c) Promote the use of indigenous knowledge and traditional forest management practices that contributes to increased forest cover and land rehabilitation; [...] Para 8.1.8 (extract): Biodiversity and Ecosystems [...] In order to enhance our biodiversity’s sustainability and adaptation capability, the Policy will: [...] e) Where possible avoid human settlements adjacent to sensitive ecosystems that may interfere with the natural rehabilitation cycles of such ecosystems especially large water bodies; and [...]
Mines and Mineral Act	Mines and minerals Act, 1999 Section 65 (extract): Rehabilitation, reclamation (1) The holder of a mineral concession shall, in accordance with the law in force from time to time in Botswana and in accordance with good mining industry practice, conduct his operations in such manner as to preserve in as far as is possible the natural environment, minimize and control waste or undue loss of or damage to natural and biological resources, to prevent and where unavoidable, promptly treat pollution and contamination of the environment and shall take no steps which may unnecessarily or unreasonably restrict or limit further development of the natural resources of the concession area or adjacent areas. [...]
Environmental Assessment Act	Environmental Assessment Act, 2011 Section 4 (extract): (1) No person shall undertake or implement an activity prescribed under section 3 unless — (a) such person has applied to a licensing authority for authorization to undertake such activity and authorisation has been issued under section 12; and (b) the environmental impact of the proposed activity is fully taken into account in accordance with the provisions of this Act. (3) A person who contravenes subsection (1) shall rehabilitate the area affected by the adverse environmental impact of the implemented activity. (4) In this section, “rehabilitate” means the reinstatement or restoration to a normal or functional environmental state.
National Environmental Fund Order	National Environmental Fund Order, S.I. 70, 2010 Para 4 (extract): (1) The purpose of the Fund is to finance and promote activities designed to conserve, protect and manage Botswana environment. (2) Without prejudice to the generality of subparagraph (1), the Fund may provide for- [...] (d) rehabilitation of degraded ecosystems; (e) promote activities related to- [...] (ii) climate change mitigation and adaptation,
Botswana National Water Policy	Botswana National water policy, 2012 Para 1.1.3 (extract): In pursuit of these objectives, this Policy aims to promote the following: -Protection, conservation and restoration of the nation’s water resources -Promotion of effective, sustainable management of water resources -Promotion of the equitable and efficient use of water resources -Reduction of the subsidies associated with water supply -Assurance of access and affordability of water for all -Protection and restoration of the environment -Promotion of productive uses of water
Wildlife Policy	Wildlife Policy, 2013 Definitions (extract), Pages 4 The following definitions are adopted for the purpose of this Policy: [...] Wildlife management means the protection, maintenance, rehabilitation, restoration and enhancement of wildlife and includes the management of the use of wildlife to ensure the sustainability of such use.[...]

Art.8 (f)

The legal framework allows for the promotion of the recovery of threatened species, in particular through the development and implementation of management plans or strategies.

Document title	References
Wildlife Policy	WIldlife Policy, 2013 Para 2.2.2: Twenty six (26) mammal species are protected under the Wildlife Conservation and National Parks Act of 1992 of which five are considered threatened. Botswana supports a significant diversity of birdlife although at the moment the population dynamics, spatial and temporal distribution of birds is difficult to ascertain due to lack of comprehensive inventories. There are twelve (12) known Important Bird Areas (IBA) and only six of these are protected as they are located in Protected Areas. Para 2.4.2 : Private game reserves, ranches and sanctuaries provide additional habitat for wildlife and in the case of game ranches the fencing has to be game proof. The wildlife is free-ranging and some species may be able to pass through the fences. Ranches in particular are increasingly becoming important for propagating wildlife for trade and for the conservation of rare and threatened species. Para 5.3.4.4: Develop and implement a Threatened Species Strategy to ensure that no species will be lost.
National Biodiversity Strategy and Action Plan	National Biodiversity Strategy and Action Plan 2016 Para 3.8.12 (extract): Strategic Actions for Target 12: By 2025, the conservation status of species in Botswana that are listed as threatened has been improved or sustained. [...]

Document title

References

Wildlife Policy

WIldlife Policy, 2013
Para 2.2.2: Twenty six (26) mammal species are protected under the Wildlife Conservation and National Parks Act of 1992 of which five are considered threatened. Botswana supports a significant diversity of birdlife although at the moment the population dynamics, spatial and temporal distribution of birds is difficult to ascertain due to lack of comprehensive inventories. There are twelve (12) known Important Bird Areas (IBA) and only six of these are protected as they are located
in Protected Areas.
Para 2.4.2 : Private game reserves, ranches and sanctuaries provide additional habitat for wildlife and in the case of game ranches the fencing has to be game proof. The wildlife is free-ranging and some species may be able to pass through the fences. Ranches in particular are increasingly becoming important for propagating wildlife for trade and for the conservation of rare and threatened species.
Para 5.3.4.4: Develop and implement a Threatened Species Strategy to ensure that no species will be lost.

National Biodiversity Strategy and Action Plan

National Biodiversity Strategy and Action Plan 2016
Para 3.8.12 (extract): Strategic Actions for Target 12: By 2025, the conservation status of species in Botswana that are listed as threatened has been improved or sustained. [...]

Art. 8 (g)

The legal framework allows for the regulation, management or control of risks associated with the use of living modified organisms resulting from biotechnology likely to have adverse effects on the conservation and sustainable use of biodiversity, taking also into account risks to human health.

Document title	References
Wildlife Policy	WIldlife Policy, 2013 Para 5.11.3.6: Banning exotics from shared aqua-systems, GMO and prohibit genetic manipulation

Art.8 (h)

The legal framework allows for preventing the introduction of, controlling or eradicating alien species that threaten ecosystems, habitats or species.

Document title	References
Noxious weeds Act (Chapter 35:04), 1916	Noxious Weeds Act [Chapter 35:04], 1916 Section 3: Every owner or occupier of land within any area to which this Act applies shall eradicate and destroy any burweed (Xanthium spinosum) growing or being upon the land owned or occupied by him.
Aquatic Weeds (Control) Act	Aquatic Weeds (Control) Act [Chapter 34:04], 1971 Section 3 : No person shall import into Botswana, or move from any point or place within Botswana to another point or place within Botswana, any aquatic weed. Section 6 : The Minister may by order published in the Gazette - (a) declare surface waters within any area defined in such order to be infested with aquatic weeds; (b) vary or cancel any such declaration.
Aquatic Weeds (Control) Regulations	Aquatic Weeds (Control) Regulations, 1974 Regulation 6 (extract): (1) When any boat or aquatic apparatus is imported into Botswana by road, rail or air the owner or person in charge of such boat or aquatic apparatus shall, immediately after it has been brought in or unloaded, as the case may be, present such boat or aquatic apparatus for inspection to a Customs officer. (2) The Customs officer to whom the boat or aquatic apparatus has been presented shall, if he is satisfied that the owner or person in charge of the boat or aquatic apparatus will comply with the directions given to him, issue a movement certificate in the form set out in the Fourth Schedule directing the owner or person in charge of the boat to remove the boat or aquatic apparatus directly to such place as may be stated in the movement certificate for examination for thereat by an authorized officer. (3) An authorized officer to whom a boat or aquatic apparatus is submitted for inspection shall examine the boat or aquatic apparatus for the purpose of discovering whether it may have collected or been exposed to aquatic weed or infested waters. (4) If upon examination any boat or aquatic apparatus is found to have any aquatic weed thereon the boat or aquatic apparatus shall be treated at the expense of the owner or person in charge thereof, in the manner prescribed by, and to the satisfaction of, the examining authorized officer, so as to eradicate the aquatic weed. […] Regulation 8 (extract): No person shall move or transport any boat or aquatic apparatus from any infested waters to any other surface waters in Botswana without prior inspection and except under and in accordance with the provisions of a movement certificate, and upon completion of his journey shall present his movement certificate to an authorized officer before placing his boat or aquatic apparatus on any other surface water : Provided that in the case of outboard motors a movement certificate may be issued by an authorized officer after inspection, cleaning and treatment including the running of the outboard motor in a tank of disinfectant under the supervision of the officer. Before issuing the movement certificate the authorized officer must be satisfied that the treatment has been effective in eradicating any aquatic weed. […]
Wildlife Conservation and National Parks (Amendment) Act 2023	Wildlife conservation and national parks (amendment) Act, 2023 Section 16 (extract): Section 92 of the Act is amended by substituting for subsection (4), the following new subsections - "( 4) The Minister may make regulations which shall apply to such areas as are specified therein, providing for the more effectual management of, and improvement of fish , the management of any specified area in which fishing may be carried out, and without prejudice to the generality of the foregoing, for all or any part of the following purposes - [...] (g) prohibiting, restricting or regulating the bringing into Botswana of any live fish ; and [...]
Forest Conservation Strategy 2013 - 2020	The Foresty Conservation Strategy 2013-2020 Target (extract), Page 25 [...] d. Reduce the occurrence of alien invasive species; [...] Management of invasive alien species, Page 26 Invasive alien species such as prosopis have colonised certain parts of the country, posing danger to indigenous species by depleting available water resources. Projects to control the existence and spread of such alien invasive species should be supported.
Wildlife Policy	WIldlife Policy, 2013 (extract) page 18, 20 Para 5.9.1 (extract): [...] Botswana is also grappling with the issue of exotic species and there is concern about their long-term impacts on biodiversity and ecosystems. [...] Para 5.11.3.6: Banning exotics from shared aqua-systems, GMO and prohibit genetic manipulation.
National Biodiversity Strategy and Action Plan	National Biodiversity Strategy and Action Plan 2016 Para 3.8.9 (extract): Strategic Actions for Target 9: By 2025, key invasive alien species are identified and controlled or eradicated, and pathways for their spread are managed to prevent further introduction and establishment. [...]

Art.8 (j)

The legal framework allows for the respect, preservation and maintenance of the knowledge and practices of indigenous and local communities embodying traditional lifestyles relevant for the conservation and sustainable use of biodiversity, and encourages the equitable sharing of benefits arising from the use of such knowledge, innovations and practices.

Document title	References
Botswana Climate Change Policy	Botswana Climate Change Policy, 2021 Para 8.1.5 (extract): The government recognises the value of forests and its dual role for adaptation and mitigation to adverse impacts of climate change. Land rehabilitation and forest management are instrumental in maintaining the integrity of forests as providers of ecosystem services and carbon sinks. In order to increase the integrity and sustainability of our forest and ensure that the threats of human and induced interventions are minimized, the Policy will: [...] c) Promote the use of indigenous knowledge and traditional forest management practices that contributes to increased forest cover and land rehabilitation; [...] Para 11 (extract): [...] The government will also develop Climate Change research strategy as a cross sectoral mechanism that will ensure that Climate Change elements are added into formal, informal and non-formal sectors of education and training as a scare skill. This strategy will assist in exploring and utilizing indigenous knowledge and technical expertise in decision making mechanisms.
Botswana National Climate Change Strategy, 2018	Botswana National Climate Change Strategy 2018 Strategic Intervention S22.3 (Page 105): Establish government support mechanisms through the CIC that enable private sector companies to access climate funds such as the GCF as well as partner with development entities such as JICA, the AfDB etc. Policy Goal to Be Realised: “Promote the use of indigenous knowledge and traditional forest management practices that contribute to increased forest cover and land rehabilitation.” Strategic Intervention S22.4 (Page 105): Ensure the incorporation and utilisation of indigenous knowledge systems in all relevant climate change activities, Page 105 Policy Goal to Be Realised:The government will also develop climate change research strategy as a cross sectoral mechanism that will ensure that climate change elements are added into formal, informal and non-formal sectors of education and training as a scare skill. This strategy will assist in exploring and utilizing indigenous knowledge and technical expertise in decision making mechanisms.
Treaty between the Government of the Republic of Angola, the Government of the Republic Botswana, the Government of the Republic of Namibia, the Government of the Republic of Zambia, and the Government of the Republic of Zimbabwe on the establishment of the Kavango Zambezi Transfrontier Conservation Area (KAZA TFCA TREATY)	Treaty between the Government of the Republic of Angola, the Government of the Republic Botswana, the Government of the Republic of Namibia, the Government of the Republic of Zambia, and the Government of the Republic of Zimbabwe on the establishment of the Kavango Zambezi Transfrontier Conservation Area (KAZA TFCA TREATY), 2011 Article 5 (extract): 1. For the execution of the objectives expressed in this Treaty, the Partner States undertake to uphold the following principles: [...] f. make knowledge based decisions derived from inter disciplinary research and traditional knowledge and to exercise precaution when there is insufficient information; [...] g. share experiences and pool resources and expertise across international borders in areas including indigenous knowledge, tourism management, border control, technology and renewable energy to facilitate development; [...]
National Biodiversity Strategy and Action Plan	National Biodiversity Strategy and Action Plan, 2016 Para 3.8.18 (extract): Strategic Actions for Target 18: By 2025, the indigenous knowledge of Botswana’s various communities, as it relates to the conservation and sustainable use of biodiversity in all the country’s ecoregions, will be documented, assessed and legally protected, and - where relevant - integrated into programmes and projects supporting biodiversity conservation. [...]

Art.8 (k)

The legal framework allows for the protection of threatened species and populations.

Document title	References
Wildlife Conservation and National Parks (Cheetahs) (Killing Suspension) Order	Wildlife conservation and national parks (cheetahs) (killing suspension) order, 2005 Para 2: Section 46 (1) of the Act which permits the owner or occupier of land, or any agent of such owner or occupier to kill any animal which caused, is causing or threatens to cause damage to any livestock, crops, water installation or fence on such land shall not apply in respect of a cheetah.
Wildlife Conservation and National Parks Act	Wildlife Conservation and National Parks Act [Chapter 38:01] Section 62 (extract): (1) No person shall, except under and in accordance with the terms and conditions of a permit granted to him by the Director under subsection (2), export from or import into or transport through or re-export from Botswana any animal, or trophy, meat or eggs thereof. (2) The export, import, transport through and re-export of animals listed under the Appendices to CITES, and any trophy, meat or eggs thereof shall be permitted only in accordance with the provisions of CITES, and before any permit is issued under subsection (1), the Director, as Management Authority in accordance with the terms of CITES, shall require to be satisfied that - (a) the animal, trophy, meat or eggs has or have been lawfully acquired; (b) the issue of the permit will not in any way be detrimental to the survival of the species; (c) where required, the Management Authority of the importing country has granted an import permit in respect of the animal, trophy, meat or eggs; and (d) in the case of a live animal, all necessary steps have been taken to minimize the risk of injury, cruelty or damage to its health during transport or transshipment of the animal to its destination. (3) Subject to compliance with the provisions of any other written law relating to the export or import of goods, to the provisions of subsections (2) and (4), and to any regulations made or directions given, or terms and conditions imposed by the Minister in respect of certain or specified animals, a licensing officer may, on application being made in such form and on payment of such fee as may be prescribed, grant permits for the export from or import into or re-export from Botswana of any animal, or trophy, meat or eggs thereof. [...] Section 68: (1) Any person who imports any ivory or any tusk into Botswana, or who acquires, within Botswana, any ivory, or any tusk, without a certificate of ownership issued under section 67(2)shall, within 7 days of so importing or acquiring it, produce such ivory or tusk to a licensing officer, at such wildlife office as may be prescribed for that purpose, for registration, together with such reasonable proof of the lawful importation or acquisition thereof as the licensing officer may require, and where appropriate the provisions of section 67(2) or (3) shall mutatis mutandis apply in respect thereof: Provided that the provisions of this subsection shall not apply in respect of any tusk or ivory which is imported into Botswana by any museum or scientific or educational institution, or in respect of any ivory which is in such form, or is acquired from such source, as the Minister may, bearing in mind the terms of CITES, by regulations made under this Act, or in any particular case exempt therefrom. (2) Any person who fails to comply with or contravenes the provisions of subsection (1), or who is found in possession of any tusk or ivory and cannot produce a certificate of ownership issued under section 67 (2) therefor, or proof of registration thereof or any reasonable proof of lawful importation or possession thereof, shall be guilty of an offence and liable to a fine of P50 000 and to imprisonment for 10 years. Section 69 (extract): (1) Except as otherwise specially provided in CITES, and as may be provided in regulations made under this Act, no person shall transfer to another person any tusk or any ivory which, under the provisions of this Act, is required to be registered and which has not been so registered. [...] SIXTH SCHEDULE (PROTECTED GAME ANIMALS) Night-ape, Pangolin, Aardwolf, Brown hyaena, Cheetah, Serval, Blackfooted cat, Wild dog, Otter, Honey badger, Civet, Antbear, Rock dassie, Yellow-spotted dassie, Rhinoceros, Hippopotamus, Giraffe, Klipspringer, Oribi, Sharpe's steenbok, Mountain reedbuck, Waterbuck, Puku, Roan antelope, Vaal rhebok, All pelicans, All herons, All egrets, All bitterns, Hammerkop, All storks, All ibises, Spoonbill, All flamingos, Secretary bird, All vultures, All falcons, All kites, All eagles, All buzzards, All sparrowhawks, All goshawks, All harriers, All cranes, Kori bustard, Stanley bustard, All jacanas, Fishing owl, Narina trogon, and Python SEVENTH SCHEDULE PART I Partially protected game animals Leopard, Lion, Elephant, Chobe bushbuck, Sable antelope, Eland PART II Game animals Vervet monkey, Baboon, Spotted hyaena, Caracal, Wild cat, Bateared fox, Silver fox, Sidestriped jackal, Blackbacked jackal, Elephant, Zebra, Wild pig, Warthog, Duiker, Steenbok, Kudu, Sitatunga, Bushbuck, Impala, Reedbuck, Lechwe, Springbok, Gemsbok, Buffalo, Blue wildebeest, Hartebeest, Tsessebe, Scrub hare, Cape hare, Porcupine, Springhare, Ostrich, Crocodile PART III Gamebirds Spur-wing goose, Egyptian goose, Whitefaced duck, Knob-billed duck, Cape shoveller, Yellow-billed duck, Red-billed teal, Cape teal, Southern pochard, Francolin, Quail, Guinea-fowl, Snipe, Sandgrouse, Green pigeons, Turtle doves
Wildlife Conservation and National Parks (Amendment) Act 2023	Wildlife Conservation and National Parks (Amendment) Act, 2023 Section 5: The Act is amended by substituting for section 17, the following new section - 17. (1) The animals specified in the Sixth Schedule shall be protected fish and game animals throughout Botswana. (2) No person shall, except in accordance with the terms and conditions of a permit issued by the Director under section 39 or section 40, fish, hunt or capture any protected fish or game animal. (3) Any person who contravenes the provisions of this section shall be guilty of an offence and liable to a fine of P 10 000 or to imprisonment for 7 years, or to both: Provided that, where the animal in respect of which the offence is committed is a rhinoceros, the person shall be liable to a fine of P 10 000 or to imprisonment for 15 years, or to both”. Section 14: The Act is amended in section 62 (2) by inserting immediately after paragraph (d), the following new paragraph - "(e) the animal, trophy, meat or eggs in the case of a CITES Appendix I, listed species shall not be traded internationally for commercial purposes."
Forest Act	Forest Act [Chapter 38:03] Section 19A: Import, export, etc. of endangered species of flora (1) Subject to the provisions of this section, no person shall import, export or re-export, possess or transport any species of flora specified in the Convention except in accordance with a permit or certificate, as the case may be, issued by a management authority in consultation with the scientific authority. (2) The Minister may make regulations for the issue and renewal of import, export or re-export, possession or transportation permits or certificates, and the conditions and duration of the permits or certificates. (3) A person who contravenes subsection (1) shall be guilty of an offence and liable to a fine not exceeding P2,000 or to imprisonment for a term not exceeding two years, or to both.
Wildlife Conservation and National Parks (Lions) (Killing Restriction) Order	Wildlife Conservation and National Parks (Lions) (Killing Restriction) Order, 2005 Para 2: Section 46 (1) of the Act which permits the owner or occupier of land, or any agent of such owner or occupier to kill any animal which caused, is causing or threatens to cause damage to any livestock, crops, water installation or fence on such land shall not apply in respect of a lion.

Art. 9 (a)

The legal framework allows ex situ conservation of the components of biodiversity (including fauna), preferably in the country of origin of the components.

Document title	References
Wildlife Conservation and National Parks Act	Wildlife Conservation and National Parks Act [Chapter 38:01] Section 12: (1) Each of the areas defined in the Second Schedule is hereby declared to be a game reserve or a sanctuary in respect of the animals, species, or variety, specimen or sex of animal specified in relation thereto. (2) The President may, from time to time, by order published in the Gazette declare any other area of land to be a game reserve or a sanctuary, or alter the boundaries of, or abolish, any game reserve or sanctuary: Provided that in respect of any particular game reserve or sanctuary, the President may declare that it shall be a game reserve or a sanctuary only in respect of animals of such species, variety, specimen or sex of animal or animals as may be specified, and may amend any such declaration. (3) In any game reserve or sanctuary, no person shall hunt or capture any animal, or species or variety, specimen or sex of any animal specified in relation to such game reserve or sanctuary, except only under and in accordance with the terms and conditions of a permit issued under section 39, and any person who contravenes the provisions of this section shall be guilty of an offence and, without derogation from his liability under any other provision of this Act, shall be liable to a fine of P5 000 and to imprisonment for 5 years.
Forest (Declaration of Protected Trees) Order	Forest (Declaration of Protected Trees) Order, S.I. 53, 1981 Para 2: All trees of the species specified in the Schedule are hereby declared to be protected trees in those parts of Botswana constituting State land.
Forest Act	Forest Act (Chapter 38:03) Section 4: The President may, by statutory instrument, make an order to declare any area on State land to be a forest reserve.

Art.9 (b)

The legal framework allows for the creation and maintenance of facilities for ex situ conservation of, and research on, animals and micro-organisms, preferably in the country of origin of genetic resources.

Document title	References
Elephant Management Plan, 2021	Botswana Elephant Management Plan and Action plan 2021-2026 Appendix I – Management, Para H (extract): page 64 [...] Removal of elephants in the wild for captivity is only considered in exceptional circumstances where “it is considered that a transfer to ex-situ locations will provide demonstrable in-situ conservation benefits for African elephants”. The live capture of juveniles from family groups is therefore not advised.

Art.9 (c)

The legal framework allows for the recovery and rehabilitation of threatened species and their reintroduction into their natural habitats under appropriate conditions.

Document title	References
Declaration of Private Game Reserve Order	Declaration of Private Game Reserve Order, 1992 Para 3 (extract): [...] (2) Any development or arrangement of facilities for the purpose of breeding, putting on display, trading or rehabilitation of animals shall require the prior approval of the Director and be subject to such terms and conditions as he may determine or as may be prescribed by or under the Act. [...]
Wildlife Policy	Wildlife Policy, 2013 Definition (extract), Page 4 [...] Wildlife management means the protection, maintenance, rehabilitation, restoration and enhancement of wildlife and includes the management of the use of wildlife to ensure the sustainability of such use. [...]

Art.9 (d)

The legal framework allows for the regulation and management of the collection of biological resources from natural habitats for ex situ conservation purposes to ensure that it does not threaten in-situ ecosystems and species.

Document title	References
Elephant Management Plan, 2021	Botswana Elephant Management Plan and Action plan 2021-2026 Appendix I – Management, Para H (extract), page 64 [...] Removal of elephants in the wild for captivity is only considered in exceptional circumstances where “it is considered that a transfer to ex-situ locations will provide demonstrable in-situ conservation benefits for African elephants”. The live capture of juveniles from family groups is therefore not advised.
Wildlife Policy	Wildlife Policy, 2013 Definition (extract), Page 4 [...] Wildlife management means the protection, maintenance, rehabilitation, restoration and enhancement of wildlife and includes the management of the use of wildlife to ensure the sustainability of such use. [...]

Document title

References

Elephant Management Plan, 2021

Botswana Elephant Management Plan and Action plan 2021-2026
Appendix I – Management, Para H (extract), page 64
[...] Removal of elephants in the wild for captivity is only considered in exceptional circumstances where “it is considered that a transfer to ex-situ locations will provide demonstrable in-situ conservation benefits for African elephants”. The live capture of juveniles from family groups is therefore not advised.

Wildlife Policy

Wildlife Policy, 2013
Definition (extract), Page 4
[...] Wildlife management means the protection, maintenance, rehabilitation, restoration and enhancement of wildlife and includes the management of the use of wildlife to ensure the sustainability of such use. [...]

Art.10 (a)

The legal framework allows for the integration of conservation and sustainable use of biodiversity considerations into national decision-making.

Document title	References
Community Based Natural Resources Management Policy	Community Based Natural Resources Management (CBNRM) Policy, 2007 Para 6.1: All natural resources shall be recognised as having intrinsic value and worth economically, environmentally, and socially. Appropriate measures will be taken to identify such value to assist communities in making informed decisions regarding various use and beneficiation options, including 'non-use.' Where possible incentives for the sustainable use of natural resources will be identified and attempts made to promote such use.
Botswana National Water Policy	Botswana National Water Policy, 2012 Para 1.2.4: Water resources shall be managed in an integrated manner to meet the needs of present and future generations. Management shall be through participatory approaches, involving users, planners and policy makers at all levels. Para 1.2.6: Gender and social equity in accessing water resources will be ensured and, in particular, women shall be empowered to participate fully in issues and decisions relating to sustainable development and management of water resources. Para 2.2.6 : The institutional arrangements for the sector are reflective of the Government’s decision in May 2009 to address the challenges facing the supply of water and sanitation services across the country. This includes the consolidation of all water and wastewater operations under the Water Utilities Corporation (WUC), the establishment of a Water Resources Board to manage the country’s water resources, the reorganization of the Department of Water Affairs, and the establishment of an independent Regulator for water supply and sanitation services. These decisions are intended to clarify roles, responsibilities and accountability throughout the water sector. Para 4.1.14 : Implement participatory community water conservation programs.
Treaty between the Government of the Republic of Angola, the Government of the Republic Botswana, the Government of the Republic of Namibia, the Government of the Republic of Zambia, and the Government of the Republic of Zimbabwe on the establishment of the Kavango Zambezi Transfrontier Conservation Area (KAZA TFCA TREATY)	Treaty between the Government of the Republic of Angola, the Government of the Republic Botswana, the Government of the Republic of Namibia, the Government of the Republic of Zambia, and the Government of the Republic of Zimbabwe on the establishment of the Kavango Zambezi Transfrontier Conservation Area (KAZA TFCA Treaty), 2011 Article 5 (extract): 1. For the execution of the objectives expressed in this Treaty, the Partner States undertake to uphold the following principles: [...] f. make knowledge based decisions derived from inter disciplinary research and traditional knowledge and to exercise precaution when there is insufficient information; g. create forums to facilitate consultations and effective participation of Stakeholders in decision making with respect to the development of policies and strategies related to the management and development of the KAZA TFCA; [...]
National Development Plan 11 (April 2017 – March 2023)	National Development Plan 11, April 2017-March 2023 Para 7.21: The main objective of this programme is to create a balance between the consumption patterns of natural resources, and the ability of the environment to continue to recharge itself in order to meet demands on it. Efforts in this area focused on community-based natural resources harvesting. During NDP 10, the Community-Based Natural Resources Management (CBNRM) programme was implemented on a nationwide scale, and it reached out to remote area organisations. Additional community trusts were established, and more capacity building assistance was extended to committee members on issues of organisational governance. Furthermore, the programme supported the establishment and growth of trusts that are not based on wildlife resources.
Wildlife Policy	Wildlife policy, 2013 Para 5.10.1: Wildlife research and monitoring will be strengthened and given more emphasis in wildlife management. Research is a key component of sustainable utilisation and management of wildlife resources. The results of research and monitoring need to be incorporated into decision-making processes for wildlife management and shared with all stakeholders. Current research and resource monitoring activities such as aerial surveys (DWNP), ground counts, specific research projects (e.g. predator research) and private initiatives (e.g. bird inventories and monitoring) will be enhanced.
National Biodiversity Strategy and Action Plan	National Biodiversity Strategy and Action Plan, 2016 Para 1.6.1 (extract): […] To build capacity of decision makers and politicians on the importance of conserving biodiversity for peoples livelihoods […] Para 3.4.3 (extract): […] To enhance decision making and policy outcomes on biodiversity issues across all levels: Appropriate and timely communication will ensure that stakeholders across all sectors are involved thus contributing to their decision making processes in their areas of engagement. This involves decisions on community resources uses, technical and political decisions affecting biodiversity management […]

Art.10 (b)

The legal framework allows for the adoption of measures relating to the use of biological resources that avoid or minimize adverse impacts on biodiversity.

Document title	References
Environmental Assessment (Amendment) Act 2020	Environmental Assessment (Amendment) Act of 2020 Section 8 (extract): Section 9 of the Act is deleted and substituted with the following new section - 9. (1) Where - (a) upon consideration of all the information, the competent authority determines that the proposed activity is likely to have a significant adverse environmental impact, it shall require that such activity undergo environmental impact assessment, the costs of which shall be borne by the developer; or (b) a proposed activity under paragraph (a) is a programme, plan or policy and the competent policy determines that is likely to have a significant adverse environmental impact, it shall require that such activity undergo a strategic environmental assessment, the costs of which shall be borne by the developer. (2) An environmental impact assessment or a strategic environmental assessment shall identify and evaluate the environmental impact of an activity with particular reference to the - (a) health, safety or quality of life of people; (b) archaeological, aesthetic, cultural sanitary conditions of the environment; and (c) configuration, quality and diversity of natural resources. (3) Where the competent authority determines that an environmental impact assessment or a strategic environmental assessment be made under subsection (1), upon being informed in writing about the decision, the developer shall, before undertaking or implementing the activity, engage a practitioner to prepare a statement which shall be submitted by the developer to the competent authority within the period of time stipulated in the approved terms of reference. (4) Where the competent authority determines that an environmental management plan be made under section 6 (5) (c), upon being informed in writing about the decision, the developer shall, before undertaking or implementing the activity, engage a practitioner to prepare a statement which shall be submitted by the developer to the competent authority within the period of time stip1ùated by the competent authority. […]
Wildlife Conservation and National Parks Act	Wildlife Conservation and National Parks Act [Chapter 38:01 Section 6 (extract): (1) The Minister shall be responsible for the control, management and maintenance of national parks, and without derogation from the generality of the foregoing the Minister shall for such purposes, within such parks, have power to - [...] b) take such steps as will ensure the security of the animals and vegetation in national parks and the preservation of such parks and the animals and vegetation therein in a natural state; (c) reserve or set aside any areas of such parks as breeding places for indigenous animals, and nurseries for indigenous trees, shrubs, plants and flowers; [...]
Environmental Assessment Act	Environmental Assessment Act [Cap. 65:07] Section 3: (1) This Act applies to the activities in respect of which the Minister may prescribe by regulations. (2) Regulations made pursuant to subsection (1) shall prescribe — (a) a list of activities which are likely to cause significant adverse effects on the environment, or the locations that may be environmentally sensitive, in respect of which a statement shall be mandatory; (b) threshold determinations of environmental impact assessment with respect to the activities prescribed under paragraph (a); and (c) criteria which shall be used to determine the likely effects of a proposed activity in order to further determine whether or not a statement is required for the activity. (3) The Minister may, in writing, upon application for exemption by a person implementing an activity referred to under subsection (2), exempt the activity from the provisions of this Act.
Fish Protection Regulations	Fish Protection Regulations Regulation 9: (1) No person shall catch fish with a mounted gill net exceeding a total length of 25 metres. (2) The owner of a gill net shall cause to be tagged to any such gill net a distinct mark on the float bearing the following - (a) name of the fishing licence holder; (b) fishing licence number; and (c) contact details of the fishing licence holder. (3) Any person who contravenes the provisions of this regulation shall be guilty of an offence and liable, in the case of a first conviction, to a fine not exceeding P200, or to imprisonment for a term not exceeding three months, and, in the case of a second or subsequent conviction, to a fine not exceeding P500, or to imprisonment for a term not exceeding 12 months, or to both. Regulation 21: (1) No person shall catch fish by - (a) setting nets across a lagoon entrance, or river channel; (b) drive fishing; (c) seining; (d) using a mosquito net, monofilament net or any other net which is not authorised by the Director; (e) using any chemical, poison, poisonous plant or any noxious or other injurious substance; (f) using any explosive, firearm or electrical device; (g) using any light to lure or attract the fish; (h) using a net within 100 metres of a bridge, culvert or spillway when water is flowing through such structures; or (i) using batteries or other non-factory-made floats and sinkers (2) Any person who contravenes the provisions of subregulation (1) shall be guilty of an offence and liable, in the case of a first conviction, to a fine not exceeding P200, or to imprisonment for a term not exceeding three months, and, in the case of a second or subsequent conviction to a fine not exceeding P500, or to imprisonment for a term not exceeding 12 months, or to both. (3) Notwithstanding the provisions of subregulation (1), the Director may authorise the use of seining and drive fishing by permits granted in terms of regulation 13.
Wildlife Conservation and National Parks (Amendment) Act 2023	Wildlife conservation and national parks (amendment) Act, 2023 Section 16: Section 92 of the Act is amended by substituting for subsection (4), the following new subsections - "( 4) The Minister may make regulations which shall apply to such areas as are specified therein, providing for the more effectual management of, and improvement of fish , the management of any specified area in which fishing may be carried out, and without prejudice to the generality of the foregoing, for all or any part of the following purposes - (a) imposing and prescribing conditions for the regulation of fishing; (b) registering all boats employed in fishing; (c) determining the times and seasons at which the taking of any species of fish shall commence and cease; (d) the issuing of licences and certificates of registration to ,persons authorised to take any species of fish; (e) prescribing the fees to be paid for or in respect of any licence or registration issued or made; (j) providing for and regulating the description and form of nets to be used in fishing and the size of the meshes thereof, or the prohibiting of any special description of nets or meshes or any tackle, instrument or appliance whatsoever tending to impede the lawful taking of fish or being in any manner detrimental to the preservation or increase of fish; (g) prohibiting, restricting or regulating the bringing into Botswana of any live fish ; and (h) prohibiting, restricting or regulating the sale of any fish.
Wildlife Policy	Wildlife Policy, 2013 Para 5.9.3.3: Encourage wildlife-based enterprises by providing opportunities for communities, individuals and the private sector to participate in sustainable utilisation of the wildlife resources including game ranching. Para 5.11.3.3: Limited recreational and subsistence fishing in protected areas and banning of destructive fishing methods such as use of dynamite and poisoning. Para 5.11.3.5: Community-based fisheries management and fisheries based on sustainable harvesting methods.

Art.10 (c)

The legal framework allows for the protection and promotion of the customary use of biological resources in accordance with traditional cultural practices that are compatible with conservation or sustainable use requirements.

Document title	References
Fish Protection Regulations	Fish Protection Regulations Regulation 5 (extract): [...] (3) Subsistence fishing using other traditional fishing methods such as fishing baskets and traps shall only be undertaken in drying out wols in flood plains. 4) Subject to subsection (2) any person who engages in subsistence fishing shall only use traditional fishing gear for the purpose of catching fish.[...]
Treaty between the Government of the Republic of Angola, the Government of the Republic Botswana, the Government of the Republic of Namibia, the Government of the Republic of Zambia, and the Government of the Republic of Zimbabwe on the establishment of the Kavango Zambezi Transfrontier Conservation Area (KAZA TFCA TREATY)	Treaty between the Government of the Republic of Angola, the Government of the Republic Botswana, the Government of the Republic of Namibia, the Government of the Republic of Zambia, and the Government of the Republic of Zimbabwe on the establishment of the Kavango Zambezi Transfrontier Conservation Area (KAZA TFCA Treaty), 2011 Article 5 (extract): 1. For the execution of the objectives expressed in this Treaty, the Partner States undertake to uphold the following principles: [...] f. make knowledge based decisions derived from inter disciplinary research and traditional knowledge and to exercise precaution when there is insufficient information; [...] g. share experiences and pool resources and expertise across international borders in areas including indigenous knowledge, tourism management, border control, technology and renewable energy to facilitate development; [...]
Wildlife Policy	Wildlife Policy, 2013 Para 5.5.2 : The growth in benefits of the wildlife sector over the last few decades needs to be maintained in future to eradicate poverty and contribute to development. There is need to share the benefits, costs and risks of the wildlife sector more evenly between the private sector, Government and communities and between different parts of the country. This Policy recognises the importance of the social and cultural context of communities in wildlife management. Local conservation and management strategies are historically and traditionally key factors in the utilisation of wildlife and other natural resources. It is therefore imperative that strategies and plans for conserving and managing wildlife resources are enriched with socio-cultural and indigenous knowledge.
National Biodiversity Strategy and Action Plan	National Biodiversity Strategy and Action Plan, 2016 Para 3.8.18 (extract): Strategic Actions for target 18 by 2025, the indigenous knowledge of Botswana’s various communities, as it relates to the conservation and sustainable use of biodiversity in all the country’s ecoregions, will be documented, assessed and legally protected, and where relevant-integrated into programmes and projects supporting biodiversity conservation. Strategies to attain this goal is through finalising and implementing the Indigenous Knowledge Systems Policy and Action Plan. [...]

Art.10 (d)

The legal framework allows for the adoption of measures to support local populations in the development and implementation of remedial action in degraded areas where biodiversity has been reduced.

Document title	References
National Environmental Fund Order	National Environmental Fund Order, S.I. 70, 2010 Para 4: (1) The purpose of the Fund is to finance and promote activities designed to conserve, protect and manage Botswana environment. (2) Without prejudice to the generality of subparagraph (1), the Fund may provide for- (a) Sustainable- (i) development, (ii) use of natural resources, and (iii) activities related thereto; (b) development and implementation of community based natural resource management activities; (c) support to the eco-tourism sector and to the development of national heritage sites; (d) rehabilitation of degraded ecosystems; (e) promote activities related to- (i) protection of the urban environment, (ii) climate change mitigation and adaptation, (iii) waste management and pollution control, (iv) environmental awareness and education, and (v) environmental research and monitoring; (f) capacity building and training programmes in environmental management and sustainable development; and (g) compensation for damage caused by wildlife.
Forest Conservation Strategy 2013 - 2020	The Foresty Conservation Strategy 2013-2020 Para 3.2.1: Forest resources management (FRM) [...] Support communities in harvesting logs, Page 26 Community projects geared at harvesting of logs should be supported. These projects may also be piloted in one region (preferably Ngami or Chobe) before being rolled out to other regions. By doing so, communities will be empowered to sustainably manage forest resources especially in areas outside protected areas where proper management of the resource is generally weak. [...]
Wildlife Policy	Wildlife Policy, 2013 Para 5.5.1: Community-Based Natural Resource Management (CBNRM) has developed rapidly since the 1990s due to the new opportunities and benefits to communities as well as strong Government and donor support. The early projects depended on wildlife resources, but CBNRM projects now cover a broader range of resources such as veldt products. Support will be provided to the implementation of the 2007 CBNRM Policy, particularly with respect to wildlife management and the use of the National Environmental Fund (NEF) as one of the tools for poverty eradication. The NEF needs to provide incentives for CBOs to work efficiently, effectively and in a transparent manner. Para 5.5.2: The growth in benefits of the wildlife sector over the last few decades needs to be maintained in future to eradicate poverty and contribute to development. There is need to share the benefits, costs and risks of the wildlife sector more evenly between the private sector, Government and communities and between different parts of the country. This Policy recognises the importance of the social and cultural context of communities in wildlife management.
National Biodiversity Strategy and Action Plan	National Biodiversity Strategy and Action Plan, 2016 Para 3.8.18 : Strategic Actions for target 18: by 2025, the indigenous knowledge of Botswana’s various communities, as it relates to the conservation and sustainable use of biodiversity in all the country’s ecoregions, will be documented, assessed and legally protected, and where relevant-integrated into programmes and projects supporting biodiversity conservation. Strategies to attain this goal is through finalising and implementing the Indigenous Knowledge Systems Policy and Action Plan.

Art.10 (e)

The legal framework allows for a public–private cooperation in developing methods for sustainable use of biological resources.

Document title	References
Treaty between the Government of the Republic of Angola, the Government of the Republic Botswana, the Government of the Republic of Namibia, the Government of the Republic of Zambia, and the Government of the Republic of Zimbabwe on the establishment of the Kavango Zambezi Transfrontier Conservation Area (KAZA TFCA TREATY)	Treaty between the Government of the Republic of Angola, the Government of the Republic Botswana, the Government of the Republic of Namibia, the Government of the Republic of Zambia, and the Government of the Republic of Zimbabwe on the establishment of the Kavango Zambezi Transfrontier Conservation Area (KAZA TFCA Treaty), 2011 Article 6 (extract) : 1. The KAZA TFCA specific objectives shall be to : [...] f. facilitate a healthy and competitive economic environment which promotes and enables public-private-community partnerships, private investment and regional economic integration; [...]
National Development Plan 11 (April 2017 – March 2023)	National Development Plan 11 (April 2017-March 2023) Para 7.6 : Efforts to sensitise the general public, business communities, Government agencies, and Non- Governmental Organisations (NGOs) to actively participate in environmentally friendly practices continue to be made; but these have not yielded the desired impact. Initiatives to support arable agriculture, renewable energy, reduction of water and land pollution, as well as the associated negative health impacts commenced during NDP 10, and will require further support in the next Plan.
Wildlife Policy	Wildlife Policy, 2013 Para 5.9.3.3 : Encourage wildlife-based enterprises by providing opportunities for communities, individuals and the private sector to participate in sustainable utilisation of the wildlife resources including game ranching. Para 6.2.3: Innovative and effective partnerships are needed to mobilise more financial and human resources and skills as well as to achieve the required mutual understanding and trust between stakeholders. Partnerships will be built based on shared responsibilities, risks and benefits and costs and on equality of stakeholders. They may take different forms, including joint venture agreements, shared ownership of an enterprise and clearly defined outsourcing agreements. Private individuals will have an opportunity to contribute to wildlife management through funding conservation initiatives either in monetary terms or in kind.
National Biodiversity Strategy and Action Plan	National Biodiversity Strategy and Action Plan, 2016 Para 3.2.1 (extract): [...] However, given government funding constraints, it is recommended to tap into opportunities for increased funding from the private sector and communities (e.g. through partnerships and private sector investments). Several companies have sustainable development strategies and reports that could include support for NBSAP activities, for example through support for the Makgadikgadi Framework Management Plan and the Okavango Delta Management Plan. Shared funding through public-private sector partnerships and private or public/ community partnerships need to be actively explored.[...]

Art.11

The legal framework allows for the adoption of economically and socially sound measures that act as incentives for the conservation and sustainable use of components of biodiversity.

Document title	References
Community Based Natural Resources Management Policy	Community Based Natural Resources Management Policy, 2007 Para 1.6.2: Give communities incentives to engage in conservation activities leadind to sustainbale development and poverty reduction. Para 3.1 : The overal goal of the CBNRM Policy is to create a foundation for conservation-based development, in which the need to protect biodiversity and ecosystems is balanced with the need to improve rural livelihoods and reduce poverty. This will be achieved by providing communities with diverified livelihood and economic opportunities and incentives and by managing and using the country's natural resources in a sustainable manner. Para 3.2.2 : Establish a framework that provides incentives for communities to manage natural resources in a sustainable manner. Para 6.1 : Ail natural resources shall be recognised as having intrinsic value and worth economically, environmentally and socially. Appropriate measures will be taken to identify such value to assist communities in making informed decisions regarding various use and beneficiation options, including 'non-use'. Where possible incentives for the sustainable use of natural resources will be identified and attempts made to promote such use.
National Environmental Fund Order	National Environmental Fund Order, S.I. 70, 2010 Para 4 (extract): (1) The purpose of the Fund is to finance and promote activities designed to conserve, protect and manage Botswana environment. (2) Without prejudice to the generality of subparagraph (1), the Fund may provide for - [...] (b) development and implementation of community based natural resource management activities; (c) support to the eco-tourism sector and to the development of national heritage sites; (d) rehabilitation of degraded ecosystems; (e) promote activities related to- [...] (iv) environmental awareness and education, and [...] (f) capacity building and training programmes in environmental management and sustainable development; and (g) compensation for damage caused by wildlife.
Botswana National Water Policy	Botswana national water Policy, 2012 Para 4.1.4: Develop and adopt water conservation and demand management principles, concepts and measures, each with supporting incentives such a tax rebates. Para 4.1.16 : Develop and implement guidelines on fit for purpose application of water with corresponding cost structures and incentive mechanisms. Para 7.1.5 : Ensure water for arable agriculture and livestock is fully accounted for in the national water balance and allocative instruments with corresponding cost reflective structures are implemented in accordance with national development objectives and incentives. Para 7.1.8: Develop mechanisms and incentives to improve irrigation technologies that will increase water use efficiencies. Para 8.1.13: Implement a hierarchy of water management measures, with economic incentives, focused on promoting reduction, reuse, recycling and safe disposal, such as pretreatment before disposal. Para 11.1.8 Develop appropriate incentives to stimulate research aimed at addressing the sustainable development of water and appropriate technological alternatives
Botswana’s National Ecotourism Strategy	Botswana National Ecotourism Strategy, 2002 Para 2.1 (extract): Objective 1 To ensure that the planning, development and management of tourism in Botswana is consistent with the concept of sustainability. Guided by this objective, actions are proposed to: [...] 5. Provide host communities with an incentive to conserve the natural and cultural resources upon which the tourism industry depends. [...]
National Biodiversity Strategy and Action Plan	National Biodiversity Strategy and Action Plan, 2016 Para 3.8.3: Strategic Actions for Target 3: By 2025, incentives and subsidies across all sectors are revised, designed or introduced to improve support for sustainable consumption and production and promote biodiversity conservation.

Art.12 (a)

The legal framework allows for the establishment of programmes for scientific and technical education and training in measures for the identification, conservation and sustainable use of biodiversity and its components.

Document title	References
National Conservation Strategy	National Conservation Strategy (NCS), 1990 Para 7.6 : The is general agreement that effective implementation of the Strategy will involve a range of additional tasks, including planning and co-ordinating policies, analysing and executing research priorities, establishing educational and training programmes, overseeing promotional and information campaigns, etc. Para 7.10 (extract): It is recognised that implementation of the NCS involving all sectors of the community, will require the allocation and deployment of additional resources. Government accepts responsibility for providing the necessary lead by contributing resources to: - […] e) the conduct of research and development programmes; f) the provision of conservation-oriented extension services; g) the introduction of additional education and training facilities; […] i) the organization of promotional and information campaigns required in support of the NCS; Para 7.11 (extract): Government accepts that implementation of the Strategy calls for the provision of significant additional resources, covering four specific requirements: - […] - Thirdly, there will be the need for resources to undertake the special training, R&D, date collection monitoring and promotional programmes outlined earlier. [...]
Botswana University of Agriculture and Natural Resources Act [Chapter 57:02]	Botswana University of Agriculture and Natural Resources Act [Chapter 57:02] Section 4: (1) The objectives of the University shall be to provide higher education and training in the field of agriculture and natural resources or related sciences and such other allied and related subjects as the Council may, from time to time determine. (2) Without derogating from the generality of subsection (1), the University shall- (a) undertake, promote and facilitate research and scholarly investigations in the field of agriculture and natural resources or related sciences; (b) advance and disseminate knowledge and skills through teaching, learning and practical skills training in the field of agriculture and natural resources or related sciences; (c) contribute to national and international scientific and technological development in the field of agriculture and natural resources or related sciences; (d) support and contribute to the realisations of national economic and social development in the field of agriculture and natural resources or related sciences; (e) contribute to the cultural and social life of the community in the field of agriculture and natural resources or related sciences; and (f) advance the intellectual and human resource capacity of the nation of Botswana and the international community in the field of agriculture and natural resources or related sciences.
Wildlife Policy	Wildlife Policy, 2013 Para 5.10.1 : Wildlife research and monitoring will be strengthened and given more emphasis in wildlife management. Research is a key component of sustainable utilisation and management of wildlife resources. The results of research and monitoring need to be incorporated into decision-making processes for wildlife management and shared with all stakeholders. Current research and resource monitoring activities such as aerial surveys (DWNP), ground counts, specific research projects (e.g. predator research) and private initiatives (e.g. bird inventories and monitoring) will be enhanced. Para 5.10.2.1 : To undertake research on wildlife species, habitat, ecosystems and the value of wildlife resources. Para 5.10.3.1 : Macro and micro level policy analyses and economic research and analyses related to land-use systems, conflicts between wildlife and other sectors, wildlife utilisation and management, economic contributions of the wildlife sector to the national economy, local level returns and financial benefits at household levels. Para 5.10.3.2 : Socio-economic research and monitoring of and research into human-wildlife conflict. Para 5.10.3.3 : Ecological, habitat and biological research and monitoring of wildlife including wildlife population species trends. Para 5.10.3.4 : Conduct research and monitoring of the wildlife resources to support adaptive wildlife management. Para 5.10.3.5 : Collaborate with independent researchers as well as credible research institutions and organisations on wildlife research. Para 5.10.3.6: Undertake a comprehensive review of the strategic plan for wildlife research in Botswana.
National Biodiversity Strategy and Action Plan	National Biodiversity Strategy and Action Plan 2016 Para 3.3 (extract): […] Technical capacity development in the above stated government departments mainly occurs through what is known as a Training Plan. This is a tool which is agreed at ministry level on the number of staff members who are to be trained on specific courses. This can be short or long term courses. These trainings are mainly funded by government and in other cases by development partners. Technical capacity development in NGOs and research institutes is mainly self-funded and by development partners. […]

Art.13

The legal framework allows for the promotion and encouragement of activities directed at raising public education and awareness on the importance of biodiversity.

Document title	References
National Biodiversity Strategy and Action Plan	National Biodiversity Strategy and Action Plan, 2016 Para 3.4.3 (extract): To improve awareness of the CBD, biodiversity strategy and action plan Education and awareness within and across all levels of stakeholders at the political, central & local government, civil society, private sector and grassroots level should be improved in order to cultivate and improve understanding about biodiversity resources and the importance of its conservation to the economy. [...] Para 3.4.4 (extract): Communication of environmental issues within DEA [...] Despite the absence of a communication strategy, the DEA has established an Environmental Education and Awareness Division. Part of the EEAD’s objectives is to engage with stakeholders and communicate all activities of the DEA in various relevant platforms. In relation to the CBD, the EEAD’s function is to communicate all convention related matters to stakeholders, in conjunction with the CBD National Desk officer. The EEAD is being guided the National Environmental Education Strategy and Action Plan (NEESAP). The NEESAP implementation is supported by a multi-stakeholder committee known as the National Environmental Education Committee. The Communication Strategy on the NBSAP will further be a subsection of activities that the EEAD and NEEC are undertaking. It will strengthen its interface with biodiversity management issues. [...] Para 3.8.1 (extract): Target 1: by 2025, all people in Botswana appreciate how biodiversity contributes to their lives, and are aware of steps they can take to conserve and use it sustainably.

Document title

References

National Biodiversity Strategy and Action Plan

National Biodiversity Strategy and Action Plan, 2016
Para 3.4.3 (extract): To improve awareness of the CBD, biodiversity strategy and action plan
Education and awareness within and across all levels of stakeholders at the political, central & local government, civil society, private sector and grassroots level should be improved in order to cultivate and improve understanding about biodiversity resources and the importance of its conservation to the economy. [...]
Para 3.4.4 (extract): Communication of environmental issues within DEA
[...] Despite the absence of a communication strategy, the DEA has established an Environmental Education and Awareness Division. Part of the EEAD’s objectives is to engage with stakeholders and communicate all activities of the DEA in various relevant platforms. In relation to the CBD, the EEAD’s function is to communicate all convention related matters to stakeholders, in conjunction with the CBD National Desk officer. The EEAD is being guided the National Environmental Education Strategy and Action Plan (NEESAP).
The NEESAP implementation is supported by a multi-stakeholder committee known as the National
Environmental Education Committee. The Communication Strategy on the NBSAP will further be a subsection of activities that the EEAD and NEEC are undertaking. It will strengthen its interface with
biodiversity management issues. [...]
Para 3.8.1 (extract): Target 1: by 2025, all people in Botswana appreciate how biodiversity contributes to their lives, and are aware of steps they can take to conserve and use it sustainably.

Art.14 (1-a)

The legal framework allows for environmental impact assessment of projects likely to have significant adverse effects on biodiversity, and for public participation where appropriate.

Document title	References
Botswana Climate Change Policy	The Botswana climate change policy, 2021 Para 13: (extract): [...] The National Communications and Bi-annual Reports will be used to evaluate progress of implementation of response measures for all sectors covered under this Policy. This would include conduct of vulnerability assessments and review of adaptation and mitigation plans.
Environmental Assessment (Amendment) Act 2020	Environmental assessment (amendment) Act, 2020 Section 4: Section 6 of the Act is amended by deleting subsections (3), (4), (5) and (6) and substituting for them, the following new subsections –– “(3) The competent authority shall review an application made under subsection (1) (a) within 3 working days . (4) Were the competent autority finds that information provided for in the application is insufficient, the competent autority shall require and specify to the applicant in writing, the additional information to be provided by the applicant. (5) Where the competent authority is satisfied that all relevant information is available in the application and that the activity can be carried out without any adverse environmental impact, the competent authority shall — (a) authorise the implementation of the activity; (b) require the applicant to submit a — (i) waste management plan, (ii) rehabilitation plan, or (iii) other plan as may be prescribed; or (c) require the applicant to submit an environmental management plan. (6) Where the competent authority is satisfied that the plan submitted under subsection (5) (b) sufficiently ensures environmental integrity, it shall authorise the activity. (7) The competent authority shall review an application made under subsection (5) (b) within 5 working days. (8) Where, upon consideration of all the information submitted by the applicant, the competent authority is of the view that in carrying out the activity an adverse environmental impact will or is likely to arise, the competent authority shall require the applicant to undertake an environmental impact assessment or a strategic environmental assessment. (9) Where the competent authority requires an environmental management plan under subsection (5) (c) the competent authority may — (a) request the developer to consult stakeholders; or (b) request the developer to prepare a statement in terms of section 9 (4). (10) Where the competent authority requests for an environmental impact assessment or a strategic environmental assessment to be undertaken under subsection (8), the competent authority shall, in writing, require the developer to — (a) carry out a scoping exercise in terms of section 7; and (b) prepare terms of reference in terms of section 8.” Section 5: Section 7 of the Act is amended — (a) by deleting subsection (1) and substituting it with the following new subsection –– “(1) Where the competent authority has required an applicant to carry out a scoping exercise under section 6 (10) (a), the applicant shall engage a practitioner to undertake the assessment”; and (b) in subsection (2) by substituting for the words “21 days” wherever they appear in the subsection, the words “10 working days”. Section 8 (extract): Section 9 of the Act is deleted and substituted with the following new section - 9. (1) Where — (a) upon consideration of all the information, the competent authority determines that the proposed activity is likely to have a significant adverse environmental impact, it shall require that such activity undergo environmental impact assessment, the costs of which shall be borne by the developer; or (b) a proposed activity under paragraph (a) is a programme, plan or policy and the competent policy determinesimpact, it shall require that such activity undergo a strategic environmental assessment, the costs of which shall be borne by the developer. (2) An environmental impact assessment or a strategic environmental assessment shall identify and evaluate the environmental impact of an activity with particular reference to the — (a) health, safety or quality of life of people; (b) archaeological, aesthetic, cultural or sanitary conditions of the environment; and (c) configuration, quality and diversity of natural resources. (3) Where the competent authority determines that an environmental impact assessment or a strategic environmental assessment be made under subsection (1), upon being informed in writing about the decision, the developer shall, before undertaking or implementing the activity, engage a practitioner to prepare a statement which shall be submitted by the developer to the competent authority within the period of time stipulated in the approved terms of reference. (4) Where the competent authority determines that an environmental management plan be made under section 6 (5) (c), upon being informed in writing about the decision, the developer shall, before undertaking or implementing the activity, engage a practitioner to prepare a statement which shall be submitted by the developer to the competent authority within the period of time stipulated by the competent authority. [...] Section 73:(1) The Minister may make regulations for any matter which under this Act is to be prescribed or for the better carrying out of the provisions of this Act. (2) Without prejudice to the generality of subsection (1), regulations made under subsection (1) may provide for - (a) the governance of environmental impact assessment issues; (b) a list of activities, locations and thresholds or environmentally sensitive areas for which a statement is mandatory; (c) qualifications to conduct an environmental impact assessment; (d) contents of - (i) a project brief, (ii) an environmental impact statement, (iii) a strategic environmental assessment report, (iv) an environmental management plan, (v) terms of reference, or (vi) any other report or document to be submitted to the competent authority; (e) the manner of carrying out reviews of - (i) the terms of reference, (ii) the statement, (iii) the monitoring programme, and (iv) the evaluation report; (j) the manner of holding public hearings; (g) revoking or modifying an authorisation issued under this Act; (h) the manner in which entry into premises may be achieved to investigate or evaluate an environmental impact, or to monitor and audit the environmental impact of an activity; (i) the code of conduct of practitioners registered and private reviewers appointed under this Act; (j) fees charged by reviewers and practitioners for the provision of services under this Act; (k) fees charged by the competent authority for the provision of services under this Act; (l) forms to be used under this Act; (m) criteria for - (i) registration and certification of practitioners, (ii) appointment and certification of reviewers; and (n) criteria for certification of private reviewers.".
Environmental Assessment Act	Environmental Assessment Act [Cap. 65:07] Section 3 : (1) This Act applies to the activities in respect of which the Minister may prescribe by regulations. (2) Regulations made pursuant to subsection (1) shall prescribe — (a) a list of activities which are likely to cause significant adverse effects on the environment, or the locations that may be environmentally sensitive, in respect of which a statement shall be mandatory; (b) threshold determinations of environmental impact assessment with respect to the activities prescribed under paragraph (a); and (c) criteria which shall be used to determine the likely effects of a proposed activity in order to further determine whether or not a statement is required for the activity. (3) The Minister may, in writing, upon application for exemption by a person implementing an activity referred to under subsection (2), exempt the activity from the provisions of this Act. Section 4 (extract): (1) No person shall undertake or implement an activity prescribed under section 3 unless —(a) such person has applied to a licensing authority for authorization to undertake such activity and authorisation has been issued under section 12; and (b) the environmental impact of the proposed activity is fully taken into account in accordance with the provisions of this Act. [...] Section 6 (extract): (1) Every - (a) application made to obtain authorisation for a proposed activity shall contain or be accompanied by a project brief which shall include a description of the activity; and (b) formulation of a policy, programme, legislation, physical plan, shall contain or be accompanied by an approved strategic environmental assessment, which strategic environmental assessment shall contain a description of a policy, programme, legislation, development plan or physical plan, as the case may be. (2) An application made under subsection (1) (a) shall be in the prescribed form and shall be accompanied by such fee as may be prescribed. […] Section 11 : (1) The competent authority may hold a public hearing if — (a) after examining the statement, the competent authority is of the opinion that the activity is of such a nature that the public should have the opportunity to make submissions or comments at a public hearing; or (b) the public concern over the activity is that the activity may have a significant adverse impact on the environment. (2) The Minister may, in consultation with the competent authority, prescribe the procedure for conducting a public hearing. (3) The competent authority shall, after a public hearing, consider the findings in determining the adequacy of the environmental impact statement.
Botswana National Climate Change Strategy, 2018	Botswana National Climate Change Strategy, 2018 Para S8.4 (extract), page 160 [...] Amend the Botswana Environmental Impact Assessment (EIA) Act (No. of 2011) to include more stringent requirements related to ecosystem climate resilience in the Environmental Management Plan (EMP) to be submitted ]as part of the EIA or Strategic Environmental Assessment (SEA) process to DEA. [...]
Environmental assessment regulations	Environmental Assessment Regulations, 2012 Regulation 3: Subject to section 3 of the Act, activities, locations, thresholds and criteria to which the Act applies shall be as set out in Schedule 1 to these Regulations. Regulation 9: (1) The competent authority shall, in conducting a public hearing referred to in section 11 of the Act, invite comments from the public. (2) The public hearing shall be conducted by a presiding officer who shall be appointed by the competent authority. (3) The public hearing shall be convened at a venue which is convenient and accessible to persons who are likely to be specifically affected by the proposed activity. (4) The date and venue of the public hearing shall be advertised through the mass media for public attention. (5) The presiding officer may disallow frivolous and vexatious submissions likely to lead to abuse of the public hearing. (6) A person applying for authorisation to undertake an activity whose application is the subject of a public hearing shall be given an opportunity to respond to any submission made at the public hearing and to provide further information relating to the activity. (7) Upon conclusion of the public hearing, the presiding officer shall compile a report of the public hearing and submit the report to the competent authority within 10 working days from the date of the public hearing. Schedule 1, Regulation 3, (extract) : List of activities, locations and thresholds for which an environmental statement is required 1. Environmentally sensitive areas 2. Transboundary projects 3. Extractive and associated industry 4. Waste management 5. Energy industry 6. Infrastructure developments 7. Chemical, rubber and plastic industry 8. Food industry 9. Leather and textile industry 10. Wood and paper industry 11. Firing ranges, manufacture and packing of gunpowder and explosives 12. Tourist enterprises 13. Recreation related infrastructure 14. Agricultural projects 15. Programmes, policies and plans 16. Other

Art.14 (1-b)

The legal framework allows for due consideration of environmental consequences of national programmes and policies likely to have significant adverse impacts on biodiversity.

Document title	References
Botswana Climate Change Policy	The Botswana climate change policy, 2021 Para 13 (extract): [...] The National Communications and Bi-annual Reports will be used to evaluate progress of implementation of response measures for all sectors covered under this Policy. This would include conduct of vulnerability assessments and review of adaptation and mitigation plans.
Environmental Assessment Act	Environmental Assessment Act [Cap. 65:07] Section 2 (extract): [...] “strategic environmental assessment” means a process for evaluating the environmental consequences of proposed policy, plan or programme initiatives in order to ensure that they are fully included and appropriately addressed at the earliest stage of decision making, on par with economic and social considerations; [...] Section 6 (extract): (1) Every - [...] (b) formulation of a policy, programme, legislation, physical plan, shall contain or be accompanied by an approved strategic environmental assessment, which strategic environmental assessment shall contain a description of a policy, programme, legislation, development plan or physical plan, as the case may be. [...]
Botswana National Climate Change Strategy, 2018	Botswana National Climate Change Strategy, 2018 Para S8.4 (extract), page 160 [...] Amend the Botswana Environmental Impact Assessment (EIA) Act (No. of 2011) to include more stringent requirements related to ecosystem climate resilience in the Environmental Management Plan (EMP) to be submitted ]as part of the EIA or Strategic Environmental Assessment (SEA) process to DEA. [...]
Environmental assessment regulations	Environmental Assessment Regulations, 2012 Regulation 3: Subject to section 3 of the Act, activities, locations, thresholds and criteria to which the Act applies shall be as set out in Schedule 1 to these Regulations. SCHEDULE 1, Regulation 3, (extract) : List of activities, locations and thresholds for which an environmental statement is required 1. Environmentally sensitive areas 2. Transboundary projects 3. Extractive and associated industry 4. Waste management 5. Energy industry 6. Infrastructure developments 7. Chemical, rubber and plastic industry 8. Food industry 9. Leather and textile industry 10. Wood and paper industry 11. Firing ranges, manufacture and packing of gunpowder and explosives 12. Tourist enterprises 13. Recreation related infrastructure 14. Agricultural projects 15. Programmes, policies and plans 16. Other
National Biodiversity Strategy and Action Plan	National Biodiversity Strategy and Action Plan 2016 1.7.1 : To ensure effective communication, dialogue and information exchange between stakeholders across different levels of NBSAP implementation from local, national, regional and international stakeholders. 3.4 (extract): […] The overall objective of the NBSAP communication strategy is that of effective communication, dialogue and information exchange between stakeholders across different levels of NBSAP implementation from local, national, regional and international stakeholders and laterally between stakeholders themselves, which directly support the implementation of the Revised NBSAP.

Art.14 (1-c)

The legal framework promotes, based on reciprocity, collaboration with other States, through notification, exchange of information and consultation, on activities likely to have significantly adverse effects on biodiversity beyond the limits of national jurisdiction.

Document title	References
Environmental Assessment (Amendment) Act 2020	Environmental Assessment (Amendment) Act of 2020 Section 69: (1) Where a proposed activity is likely to have a significant adverse environmental impact in another country, the competent authority shall consult the Minister. (2) The Minister shall, through the Minister responsible for foreign affairs, inform the country concerned about the intended activity, by sending to that country’s Minister responsible for foreign affairs, the terms of reference or a statement, and any other relevant information. (3) This section applies to any country — (a) in respect of which the Minister, having regard to any reciprocal provisions under the laws of that country, so directs; or (b) that is a party to an international agreement or treaty to which Botswana is a party, where the parties to the international agreement or treaty are obliged to so inform one another.
Treaty between the Government of the Republic of Angola, the Government of the Republic Botswana, the Government of the Republic of Namibia, the Government of the Republic of Zambia, and the Government of the Republic of Zimbabwe on the establishment of the Kavango Zambezi Transfrontier Conservation Area (KAZA TFCA TREATY)	Treaty between the Government of the Republic of Angola, the Government of the Republic Botswana, the Government of the Republic of Namibia, the Government of the Republic of Zambia, and the Government of the Republic of Zimbabwe on the establishment of the Kavango Zambezi Transfrontier Conservation Area (KAZA TFCA Treaty), 2011 Article 13 (extract): [...] 3. The responsibilities of the JMC (Joint Management Committee) shall be to: [...] f. establish and oversee the activities of ad hoc Specialist Advisory Groups with terms of reference determined by the JMC which shall include the following: [...] iii. collect information and prepare specialist reports to facilitate the development of the KAZA TFCA; and iv. facilitate exchange of information on matters of mutual interest among the Partner States.
Environmental assessment regulations	Envrionmental Assessment Regulations, 2012 Form E, Regulation 8 (extract): [...] i. Considerations for transboundary impacts: At times, the environmental impact of a project may be realised across international boundaries. Such an impact is described as ‘transboundary’. "Transboundary impact" may be defined as any impact, not exclusively of a global nature, within an area under the jurisdiction of a country caused by a proposed activity the physical origin of which is situated wholly or in part within the area under the jurisdiction of another country. There are two distinct scenarios involved in the assessment of such impacts, viz: • The activity is recognised as national and the neighbouring countries do not wish to take part directly in the EIA process, even though its impact extends beyond the national border to their territories, preferring to exercise their right as interested and affected parties only. Under this scenario, the country of origin will share information on its EIA process in a transparent manner and take the concerns of its neighbours into consideration; and • Neighbouring countries, recognising that the proposed activity’s impact will affect them too, may decide to take part in the EIA process directly with the proponent country. In this case, the EIA will be carried out under negotiated terms based on a common international convention to which all the parties are signatory or the respective national EIA processes. In the SADC Region, there is no protocol dealing directly with the conduct of EIA in a transboundary context, as obtains in other regions for example, the Espoo Convention. However, there are protocols on specific areas of cooperation that have significant provisions for dealing with transboundary impacts, for example, the Revised Protocol on Shared Watercourses. These protocols could form the basis for negotiating procedures to adopt for conducting multilateral EIA. • The requirement of environmental impact assessments in respect of activities that are likely to significantly affect the environment enshrined in the Act, in the case of purely domestic impacts, may be extended to cover impacts arising beyond the borders of Botswana that can be attributed to an activity within Botswana. [...]
Agreement on the Establishment of the Zambezi Watercourse Commission	Agreement on the Establishment of the Zambezi Watercourse Commission of 13 July 2004 Article 16 (extract): I. A Member State planning any programme, project or activity with regard to the Zambezi Watercourse or which may adversely affect the Watercourse or any other Member State shall forthwith notify the Secretariat thereof and provide the Commission with all available data and information with regard thereto. [...]

Art.14 (1-d)

In the case of imminent or grave danger or damage, originating under the State's jurisdiction or control, to biological diversity within the area under jurisdiction of other States or in areas beyond the limits of national jurisdiction, the legal framework allows for:
- immediate notification to potentially affected States; and
- adoption of measures to prevent or minimize such danger or damage.

Document title	References
Environmental Assessment (Amendment) Act 2020	Environmental Assessment (Amendment) Act of 2020 Section 69: (1) Where a proposed activity is likely to have a significant adverse environmental impact in another country, the competent authority shall consult the Minister. (2) The Minister shall, through the Minister responsible for foreign affairs, inform the country concerned about the intended activity, by sending to that country’s minister responsible for foreign affairs, the terms of reference or a statement, and any other relevant information. (3) This section applies to any country – (a) in respect of which the Minister, having regard to any reciprocal provisions under the laws of that country, so directs; or (b) that is a party to an international agreement or treaty to which Botswana is a party, where the parties to the international agreement or treaty are obliged to inform one another.
ZAMCOM Procedures for Notification of Planned Measures	ZAMCOM Procedures for Notification of Planned Measures of 23 February of 2017 Section 5.1 (extract): Notification by a Member State 1. Responsibility for notification Pursuant to Article 16(1) of the ZAMCOM Agreement, it is the responsibility of a Member State(s) engaged in planning any programme, project or activity with regard to theZambeziWatercourse orwhichmay adversely affecttheWatercourse or any other Member State tonotify the Secretariat and to provide all available data and information regarding such programme, project or activity. Where two or more Member States are engaged in planning such a programme, project or activity, they shall agree amongst themselves which of them has primary responsibility for notification. In the absence of such agreement all Member States will have individual responsibility for notification. 2. Notification channels In the case of either preliminary or technical notification, a Member State planning such a programme, project or activity shall, pursuant toArticle 16(1) of the ZAMCOM Agreement, ensure thatwhatever national body(ies)it deems appropriate (for example, the Department / Ministry of Foreign Affairs or the Head of Delegation to ZAMTEC) forwards a formal notification letter and all accompanying data and information to the Secretariat. [...]
National Disaster Risk Management Plan	National Disaster Risk Management Plan (NDRMP) 2009-2014 Para 4.5: The Ministry Environment, Wildlife and Tourism has the overall responsibility for providing policy and regulatory framework, technical advice and information on environmental and tourism matters. The Ministry is also responsible for providing guidance on management, protection and conservation of natural resources. The Ministry further ensures that the country’s natural resources benefit society and contribute to poverty alleviation. In terms of disaster risk reduction, mitigation and response measures, the Ministry is responsible for: 1. Sound conservation and management of natural resource through development of management plans, zonation and protection of environmentally sensitive area 2. Conducting of public education and awareness programmes to sensitise the community on wild land fires and related issues including mobilisation of resources for fire fighting. 3. Identification and coding of areas of high risk and low risk to wild land fires in the country and construction, maintenance and monitoring of fire breaks. 4. Providing factual reports and pictorial coverage of natural and manmade disasters in Botswana. 5. Management of wild land fires through prevention, suppression, prescribed burning and periodic monitoring. 6. Facilitating development of national, district, and village wild land fire contingency plans. 7. Providing information such as rainfall data as well as on air pollution in collaboration with national, regional and global facilities for early warning to relevant stakeholders. 8. Preparation, coordination and provision of response safety guidelines, Standard Operating Procedures (SOPs) and procedures for volunteers and government officials. 9. Undertaking Environmental Audits to provide mitigation measures against disasters where environmental hazards emerge as programs and projects are implemented. 10. Developing and implementing Emergency Response Plan and appropriate mitigation measures for potential pollution arising from catastrophes or incidents as well as chemical hazard spillage. Para 4.9: The Ministry of Foreign Affairs and International Cooperation is responsible for promoting Botswana’s national interests abroad. On DRM issues the Ministry is responsible for: 1. Developing procedures on international and regional assistance including military assistance from neighbouring countries. 2. Acting as a liaison channel for all external involvement during disaster relief, post relief and rehabilitation in conjunction with the relevant ministries. 3. Processing through diplomatic channels offers and requests for external disaster assistance. 4. Disseminating information to international partners, donors, and governments on the country disaster risk management needs and requirements for international support. 5. Maintaining guidelines on international arrangements concerning international disaster assistance.
Agreement on the Establishment of the Zambezi Watercourse Commission	Agreement on the Establishment of the Zambezi Watercourse Commission of 13 July 2004 Article 17 : Emergency situations 1. For the purposes of this Article, "emergency" means a situation resulting suddenly either from natural causes or from human conduct and causing or posing an imminent threat of causing serious harm to the Zambezi Watercourse or to a Member State. 2. A Member State shall, without delay and by the most expeditious means available, notify and promptly supply all the necessary information to other potentially affected Member States as well as the Secretariat of any emergency originating within its territory. 3. A Member State within whose territory an emergency originates shall, in co-operation with potentially affected Member States and, where appropriate, the Secretariat, immediately take all practicable measures necessitated by the circumstances to prevent, mitigate and eliminate harmful effects of the emergency. 4. Member States shall individually and or jointly develop contingency plans for responding to emergencies in co-operation, where appropriate, with the Secretariat and competent institutions and international organisations.

Art.14 (1- e)

The legal framework allows for the establishment of national arrangements for emergency responses to activities or events, whether caused naturally or otherwise, that present a grave and imminent danger to biodiversity, and encourages international cooperation to supplement national efforts (including through the adoption of joint contingency plans).

Document title	References
Environmental Assessment (Amendment) Act 2020	Environmental Assessment (Amendment) Act of 2020 Section 69: (1) Where a proposed activity is likely to have a significant adverse environmental impact in another country, the competent authority shall consult the Minister. (2) The Minister shall, through the Minister responsible for foreign affairs, inform the country concerned about the intended activity, by sending to that country’s minister responsible for foreign affairs, the terms of reference or a statement, and any other relevant information. (3) This section applies to any country – (a) in respect of which the Minister, having regard to any reciprocal provisions under the laws of that country, so directs; or (b) that is a party to an international agreement or treaty to which Botswana is a party, where the parties to the international agreement or treaty are obliged to inform one another.
National Disaster Risk Management Plan	National Disaster Risk Management Plan (NDRMP), 2009-2014 Para 4.5: The Ministry Environment, Wildlife and Tourism has the overall responsibility for providing policy and regulatory framework, technical advice and information on environmental and tourism matters. The Ministry is also responsible for providing guidance on management, protection and conservation of natural resources. The Ministry further ensures that the country’s natural resources benefit society and contribute to poverty alleviation. In terms of disaster risk reduction, mitigation and response measures, the Ministry is responsible for: 1. Sound conservation and management of natural resource through development of management plans, zonation and protection of environmentally sensitive area 2. Conducting of public education and awareness programmes to sensitise the community on wild land fires and related issues including mobilisation of resources for fire fighting. 3. Identification and coding of areas of high risk and low risk to wild land fires in the country and construction, maintenance and monitoring of fire breaks. 4. Providing factual reports and pictorial coverage of natural and manmade disasters in Botswana. 5. Management of wild land fires through prevention, suppression, prescribed burning and periodic monitoring. 6. Facilitating development of national, district, and village wild land fire contingency plans. 7. Providing information such as rainfall data as well as on air pollution in collaboration with national, regional and global facilities for early warning to relevant stakeholders. 8. Preparation, coordination and provision of response safety guidelines, Standard Operating Procedures (SOPs) and procedures for volunteers and government officials. 9. Undertaking Environmental Audits to provide mitigation measures against disasters where environmental hazards emerge as programs and projects are implemented. 10. Developing and implementing Emergency Response Plan and appropriate mitigation measures for potential pollution arising from catastrophes or incidents as well as chemical hazard spillage. Para 4.9: The Ministry of Foreign Affairs and International Cooperation is responsible for promoting Botswana’s national interests abroad. On DRM issues the Ministry is responsible for: 1. Developing procedures on international and regional assistance including military assistance from neighbouring countries. 2. Acting as a liaison channel for all external involvement during disaster relief, post relief and rehabilitation in conjunction with the relevant ministries. 3. Processing through diplomatic channels offers and requests for external disaster assistance. 4. Disseminating information to international partners, donors, and governments on the country disaster risk management needs and requirements for international support. 5. Maintaining guidelines on international arrangements concerning international disaster assistance.
Agreement on the Establishment of the Zambezi Watercourse Commission	Agreement on the Establishment of the Zambezi Watercourse Commission of 13 July 2004 Article 17 : Emergency situations 1. For the purposes of this Article, "emergency" means a situation resulting suddenly either from natural causes or from human conduct and causing or posing an imminent threat of causing serious harm to the Zambezi Watercourse or to a Member State. 2. A Member State shall, without delay and by the most expeditious means available, notify and promptly supply all the necessary information to other potentially affected Member States as well as the Secretariat of any emergency originating within its territory. 3. A Member State within whose territory an emergency originates shall, in co-operation with potentially affected Member States and, where appropriate, the Secretariat, immediately take all practicable measures necessitated by the circumstances to prevent, mitigate and eliminate harmful effects of the emergency. 4. Member States shall individually and or jointly develop contingency plans for responding to emergencies in co-operation, where appropriate, with the Secretariat and competent institutions and international organisations.

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Botswana- International treaties – CBD

RATIFIED INTERNATIONAL INSTRUMENTS

Botswana

CONVENTION ON BIOLOGICAL DIVERSITY (CBD)

Art.1

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Art.2

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Art.2

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Art.2

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Art.3

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Art.5

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Art.6 (a)

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Art.6 (b)

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Art.7 (a)

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Art.7 (b)

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Art.7 (c)

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Art.7 (d)

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Art.8 (a)

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Art.8 (b)

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Art.8 (c)

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Art.8 (d)

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Art.8(e)

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Art.8 (f)

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Art.8 (f)

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Art. 8 (g)

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Art.8 (h)

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Art.8 (j)

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Art. 9 (a)

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