Reconciling biodiversity conservation and agricultural development in the context of international and domestic law in Rwanda

Abstract

This thesis explores the tensions between biodiversity conservation and agricultural development in a legal context in Rwanda, a small and poor African developing country. It does so against the backdrop of relevant international conventions, the relatively recent constitutional dispensation in the country as well as the land reform process which has been underway in the country over the last few decades. Partly based on the findings of an empirical study, the core of the work outlines, examines and critically assesses relevant domestic Rwandan policies, laws and institutions focusing on areas of particular concern namely the laws applicable to the conservation of soil, water and genetic resources in agriculture, including conservation of crop and livestock diversity. The conclusions and recommendations are embedded in the need for policies, laws and institutions to accommodate the increase in agricultural production to eradicate hunger, alleviate poverty as well as a recognition of the interlinkages between agricultural development and biodiversity conservation. The study concludes that Rwandan laws are inadequate in that they have been disparately and inefficiently developed, that agricultural development and biodiversity policies be revised to aim at sustainable agricultural development and that a coordinated institutional framework with full involvement of all concerned stakeholders and appreciation of local knowledge and sustainable agricultural practices is required. Specific legal, policy and institutional shortfalls are highlighted including lack of implementing regulations; omission of necessary legislative provisions on key areas in the biodiversity and agricultural sectors and others. The work concludes by making specific recommendations and proposals to reconcile the need to promote agricultural development while facilitating biodiversity conservation and ultimately sustainable development.