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Madagascar concessions Michaela Pawliczek


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This presentation by Michaela Pawzwick was delivered at the 'Concessioning tourism opportunities in conservation areas and maximising rural development' workshop, held in Maputo between 19-22 March 2012 (Day 2, Session 4, Concessions Contract Management)

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Madagascar concessions Michaela Pawliczek

  1. 1. Concession Management in 1. Legal context for concessions Madagascar • Law: „Code des Aires Protégées“ (Protected Area Law); Michaela Pawliczek • Concession project defined as „zone de Maputo, 20th March 2012 service“ (service zone); • Legal base for concession development: „Lettre de politique“ (2008): • Land in National Parks belongs to State; 2. Content of Policy Letter … • Procedures:• Context of Concession policy: Madagascar Action – Categorised under public-private partnership law; Plan; – Request for proposal;• Objectifs of ecotourism concession development; – Mise en comptabilité des Investissement avec Environnement (MECIE) & EIA;• Orientation & strategy: • National Procurement procedures: no obligation to use; – Revision of investment stategy and creation of • Definition of documents to deliver from investor for favorable investment climate; manifestation of interest; – Support of tourism development strategy; • Public bidding, short-list procedure possible; – No privatisation or desengagement of Government; • Transfer of concession contract under some conditions;• Political aspects: • All infrastructure constructed during concession time – High value/low impact ecotourism development; become property of State; – Definition of actors in the process; • Concession contract no longer than 30 years, renewable; 3. Actors in charge/ Commission 4. Some details• Ministry of Environment: decision agency; • Contract signed by:• Ministry of Tourism: role unclear; – Ministry of Environment; – EDBM;• Economic Development Board of Madagascar: – MNP; overlooking process, promoting sites; – Private investor;• ANGAP/Madagascar National Parks: manager; – Ministry of Tourism???;• Local community: unclear, no experiences; • Royalty fees: not yet specified; only stated that• Technical support staff; one part should „systematically transferred to comunities and surroudining communities“;
  2. 2. 5. Content of Contract 6. Recent concession projects• Nature and type of construction; A) Min Env/MNP/KfW: NP Ankarafantsika:• Services provided; • Inside park Ankarafantsika;• Exclusivity; • Extension of existing bungalow complexe (15 bungalows);• Rights and obligations of concession holder; • 18 years concession previewed;• Property rights and further obligations of both parties; • Short-list procedure for Malagasy Nationals;• Renumeration and redevance to pay to authority; • Concession fees: Bed nights and percentage of annual• Right of authority to follow construction/ services; revenue;• Administrative standard of reports/information of • Royalty fee sharing: 5% Min Env/15% loc pop/ 80% MNP activity; (not park directly); • concession contract between private investor/MNP/• Right of authority to examine and approve principle Ministry of Environment; contracts of concession holder following request for proposal; • Interrupted by political crisis;• Procedures in case of failing of project;… 7. Current situation MadagascarB) Min Env/MNP/IFC: • Ongoing crisis;• Site selection (parks and concession sites); • Downturn of economy (loss of US$ 600 Mio);• Support of update of legal framework • Loss of investors and no new interest; (investment law, request for proposals, example contract); • Social problems and corruption increasing;• concession contract between private investor/MNP/ Ministry of • Tourism development 2012 regaining; Environment; overlooked by EDBM;• Investment promotion and marketing of sites;• Interrupted by political crisis; 8. What is necessary on the way forward? Thank you very much!• Elections approved by int. community;• Stable political climate;• What is ecotourism? Questions?• Concessions: do we want it – or not?• Review and reform of legal context including public- private partnership law, investment code, tourism code;• Clarification of roles and responsabilities of actors (Minstry level, MNP, EDBM, communities);• Streamlined investment promotion;