Webinar on soil governance and launch of SoiLEX 13 January 2021 | 15:00 to 16:30 CET online (Zoom platform). Dr Harald Ginzky, Lawyer of Umweltbundesamt, Germany

1. German Environment Agency
Good Governance for sustainable
soil management: How to do it?
Dr. Harald Ginzky
Section II 2.1 / General Water and Soils Aspects
FAO- WEBINAR “Soil Governance” – 13 January 2021

2. WHY SOIL GOVERNANCE ?
 Healthy soils necessary for sustainable development and even the survival
of mankind
 Ecological and social services of soils
 Carbon sink
 Host of biodiversity
 Buffer for Groundwater
 Required for Production of Food and Renewable Energy Plants
 Cultural and historical value
 Ongoing Land Degradation
 Consequences of Land Degradation
 Loss of basis to make a living
 Migration
 Climate change and loss of biodiversity
 Political and even military tensions
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3. INCREASED AWARENESS: TIME IS NOW
 2012: Ambition of „Land Degradation Neutral World“
 „The Future – we want“ – Rio+20 Outcome Document
 2015: Target 15.3 – Sustainable Development Goals
 Land Degradation Neutrality – important international commitment
 Since 2018 several reports and studies on the importance of healthy soils
 IPCC 2018
 IPCC „Land and Climate“
 IPBES
 Several national studies
 Main drivers for this new perception
 Climate Change and biodiversity crisis
 Food security and potential regional conflicts
 Covid 19 – Pandemic:
 Need of resilient systems
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4. SOIL GOVERNANCE – various levels
 Purpose: Achievement of sustainable soil management
 Governance: Legal provision, institutional arrangement, economic
aspects
 International and regional (eg. European) level
 National level:
 Regulations on the ground
 Implementation and enforcement essential
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5. RECOMMENDATIONS – national level
RECOMMENDATION 1: NEED OF DATA AND INFORMATION
 Soil Scientific Boards required
 Gathering, evaluation and assessment of data and information
 Distribution to policy maker and other users (private sector, farmers)
RECOMMENDATION 2: GENERAL OBJECTIVE OF NATIONAL SOIL
GOVERNANCE
 Maintainance and enhancement of ecological and social functions of
soils
 Recognition of soil as a „natural resource“
 IMPORTANT: Permission control system for land/soil use change
 Compensation obligation to offset all negative effects on healthy soils
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6. RECOMMENDATIONS – national level
RECOMMENDATION 3: OTHER SECTORAL PROVISIONS TO CONSIDER SOIL
ASPECTS
 Many drivers of unsustainable soil management
 Agriculture, urbanization, industrial facilities, mining and infrastructure
projects, such as streets, railways, airports, poverty and demograhic growth
 All other sectoral provisions: Maintain and enhance ecological and social services
of soils
RECOMMENDATION 4: LEGALLY BINDING STANDARDS FOR ALL SOIL
THREATS:
 Compaction, erosion, soil sealing, loss of carbon and biodiversity,
salinization, water scarcity, flooding
 Important:
 Clearly defined and agreed level of ambition
 Clear instructions for implementing authorities
 Important and helpful work of FAO
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7. RECOMMENDATIONS – national level
RECOMMENDATION 5: CLARIFICATION OF TENURE RIGHTS
 Poverty Eradication
 Controll of Foreign Investors
 Justice for all
RECOMMENDATION 6: EFFECTIVE INSTITUTIONAL SETTINGS AND
ARRANGEMENTS
 Implementation, enforcement and sanctions essential
 Clarification of roles and responsibilities
 Demanding and time-consuming task
RECOMMENDATION 7: INVOLVEMENT OF SOCIETY
 Access to Env. Information, Public Participation and Access to Justice
 Instrument to control public authorities and foreign investors
 Prevent all kind of corruption
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8. RECOMMENDATIONS – national level
RECOMMENDATION 8: ACT NOW
 Public Awareness very high: workshops in Africa in 2019
 Many initiatives for improved soil governance
 PAN-African Parliament: Model law for sustainable soil mangement
 Several doctoral thesis´in this context
RECOMMENDATION 9: DO NOT REINVENT THE WHEEL
 International Yearbook of Soil Law and Policy
 IUCN Specialist Group on Soil Governance
 International workshop on best practices
 FAO SOILEX
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9. International Soil Governance Workshop New Delhi 15/16 October 2019 9
Thank you for your
attention
Dr. Harald Ginzky
Harald.ginzky@uba.de

10. Websites and literature
WORKSHOP IN KAMPALA UGANDA 2017
HTTPS://WWW.UMWELTBUNDESAMT.DE/EN/INTERNATIONAL-WORKSHOP-NAIROBI-
KENIA-AUGUST-201
WORKSHOP IN NAIROBI KENYA 2018
HTTPS://WWW.UMWELTBUNDESAMT.DE/INTERNATIONALER-WORKSHOP-NAIROBI-
KENIA-AUGUST-2018
INTERNATIONAL YEARBOOK OF SOIL LAW AND POLICY
HTTPS://WWW.UMWELTBUNDESAMT.DE/EN/TOPICS/INTERNATIONAL-YEARBOOK-OF-
SOIL-LAW-POLICY
PAN-AFRICAN PARLIAMENT ON MODEL LAW
HTTPS://WWW.AFRICANPARLIAMENTARYNEWS.COM/2020/03/PAP-MAPS-FIRST-STEPS-
FOR-MODEL.HTML?M=1
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11. Websites and literature
AFRICAN SOIL PROTECTION LAW - MAPPING OUT OPTIONS FOR A MODEL LEGISLATION
FOR SUSTAINABLE SOIL MANAGEMENT IN AFRICA - A COMPARATIVE LEGAL ANALYSIS
FROM KENYA, CAMEROON AND ZAMBIA
AUTHORS: PATRICIA MBOTE, HARALD GINZKY, CHRISTOPHER TAMASANG, OLIVER
RUPPEL, PAMELA TOWELA SAMBO
EFFECTIVE SOIL GOVERNANCE: GERMAN AND AFRICAN PERSPECTIVES, IN: SOIL LAW &
GOVERNANCE IN INDIA”, REIHE: INTERNATIONAL YEARBOOK OF SOIL LAW AND
POLICY – REGIONAL PERSPECTIVES
CO-AUTORS: HARALD GINZKY AND OLIVER RUPPEL
GERMAN SOIL GOVERNANCE, IN: INTERNATIONAL YEARBOOK OF SOIL LAW AND POLICY
2019
AUTHOR: HARALD GINZKY
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12. Websites and literature
SUITABLE MEASURES ON INTERNATIONAL LEVEL TO IMPLEMENT “SUSTAINABLE
MANAGEMENT OF SOIL” AND “LAND DEGRADATION NEUTRALITY” IN: INTERNATIONAL
YEARBOOK OF SOIL LAW AND POLICY – REGIONAL PERSPECTIVES, 2020, S. 35- 54
AUTHOR: HARALD GINZKY
THE SUSTAINABLE MANAGEMENT OF SOILS AS A COMMON CONCERN OF HUMANKIND:
HOW TO IMPLEMENT IT ?, IN: INTERNATIONAL YEARBOOK OF SOIL LAW AND POLICY
2017, S. 433 - 450
AUTHOR: HARALD GINZKY
INTERNATIONAL SOIL PROTECTION LAW –HISTORY, CONCEPTS AND LATEST
DEVELOPMENTS, IN: INTERNATIONAL YEARBOOK OF SOIL LAW AND POLICY 2016, S 49
-72
CO-AUTHORS: BEN BOER, HARALD GINZKY, IRENE HEUSER
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