Sarhad Provincial Conservation Strategy - IUCN

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6 A similar situation persists in the EPA. As noted earlier, their capacity development initiative, with World Bank support, has been delayed for years, due to bickering about the counterpart agency that is to strengthen the EPA. The leadership is demoralized, there have been frequent staff changes, and there is a lack of continuity in programme and research priorities. Unless this is regularized in the immediate future, the momentum will be lost as new staff are hired, trained, and put in functional roles. This is not a problem of a lack of capacity in a developing country; it is fundamentally the fault of poor management among the development assistance community. And it will be a textbook example of institutional failure to deal at a multilateral level with a country that is completely capable of beginning a strong environmental protection programme. 6 . 4 G O V E R N A N C E & C A P A C I T Y D E V E L O P M E N T POLICY & PROGRAMME REFORM In addition to generic training and strengthening for the ES and the EPA, several substantive policy development programmes are needed for the province. These are needed both to fill gaps in the existing net of policies for environment and natural resource management, and to help implement various national and international commitments made by the Government of Pakistan and the Government of NWFP. Policy and programme development also needs to be rationalized so that informed decisions can be taken on Government priorities during the planning processes. For example, it is hard to do environmental impact assessments without a policy framework against which judgements can be made about the acceptability of certain impacts (such as on water quality), nor is it possible to design affordable mitigation programmes in such cases. With respect to provincial Government priorities, the following policy development initiatives will be u n d e r t a k e n : ■ a review and collation of all existing policies and related decisions; ■ development of new policies in areas that are presently deficient (such as water planning and m a n a g e m e n t ) ; 54 SARHAD PROVINCIAL CONSERVATION STRATEGY ■ institution of mechanisms to ensure that the policymaking process includes environmental considerations (e.g Project Concept Clearance, PC-I, PC-II, Cabinet papers); and ■ a ‘hindsight’ assessment of some of the environmental effects of existing policies, with any amendments necessary. In addition, the ES must become responsible for Government-wide coordination of the implementation of several agreed-upon commitments of the Government of Pakistan to the international community. High-profile commitments were made in several areas to implement major new international conventions, and the National Conservation Strategy (NCS) was released at the same time. So there are requirements to coordinate Government actions on: ■ implementation of the NCS; ■ production of the NWFP component of the National Biodiversity Strategy; ■ coordination of work on the Convention on Climate Change; ■ implementation of the relevant chapters of Agenda 21, the Earth Summit’s Action Plan; and ■ assurance of provincial compliance with Pakistan’s commitments under 28 international laws related to the environment. Agenda 21, in particular, has several major chapters that are applicable to the NWFP—on poverty alleviation, population stabilization, creating sustainable cities, combating deforestation, sustainable agriculture, sustainable mountain development, biodiversity conservation, support for women in development, and improving research and development, to name a few. Agenda 21 has and will continue to be a significant influence on the construction of the SPCS as well. Many of the suggestions included in the SPCS Action Plan for 1995- 98, concerning how we measure progress towards sustainability, come from suggestions found in Agenda 21. In addition to facilitating and coordinating the Government environmental policy development process, another related function should also be undertaken by the ES. Eventually the ES should have a significant role in promoting environmental values within the Government, and communicating about the content of the policies and programme. The EPA also has a crucial role to play in this work.
6 . 5 L AW REFORM The NWFP has a patchwork of laws that affect the environment, mostly related to natural resources management. Some of the more important laws are listed in Box 6.2. Many of these are out-of-date (such as on forests) and there are significant gaps (comprehensive water management, for example). No unifying environmental statute exists, although the province and the private sector are expected to adhere to environmental protection standards recently promulgated under the Environmental Protection Ordinance, 1983. The environment is a concurrent jurisdiction between Federal and provincial governments, and while the Federal law is being updated, progress has been very slow. However, the new draft Federal Pakistan Environmental Protection Act remains primarily a narrow pollution-control statute, with some EIA provisions. The province has determined that it needs a comprehensive environmental management statute that contains much more than the conventional ‘command and control’ regulatory tools. To develop a modern, comprehensive environmental law, the province has opted for an open participatory approach, starting with a discussion of the basic PRINCIPAL LAWS RELATED BOX TO THE ENVIRONMENT IN THE NWFP 1 The Canal and Drainage Act (1873) The Fisheries Act (1897) The Sale of Timber Act (1913) The Forests Act (1927) The NWFP Hazara Forest Act (1936) The Factories Act (1934) The Antiquities Act (1975) 6.2 The NWFP Wildlife (Protection, Preservation, Conservation & Management) Act (1975) The Local Government Ordinance (1979) The Pakistan Environmental Protection Ordinance (1983) The NWFP Salinity Control & Reclamation of Land Act (1988) 1 There are 24 additional statutes with some relevance to the environment which are listed in Appendix 17 of the Environmental Profile. G O V E R N A N C E & C A P A C I T Y D E V E L O P M E N T 6 content of the legislation. To date, one policy workshop has taken place at which broad consensus was reached on several points, including the basic need for the law and the fact that it would become the core statute, leading to the reform of other natural resources legislation. The detailed results of the first consultative workshop are available in a separate report. Several innovative sections would be included in the new law. Key among these would be a fundamental requirement that Government hold a public trust and be required to protect the environment. If it did not uphold this trust, then citizens could take legal action to enforce the law. This type of provision will be at the centre of a citizens’ environmental bill of rights, which would also include protection for employees, access to information, guarantees of public participation, and other provisions. Related to such provisions would be enabling clauses for partnership agreements with the private sector and NGOs, to proactively solve environmental problems. These would be skeletal sections designed to allow for a variety of positive incentive programmes, award programmes, innovative funding programmes, environmental code of practices, and environmental research initiatives, and generally to provide flexibility for approaches to environmental management. The new legislation should also provide a legal basis for important environmental management processes that would contribute to proactive environmental protection. A land use planning process or a mechanism for integrated resource management will be useful, as will be the basic tenants of an EIA process. The details of these processes would be fleshed out in the regulations of the statute, to allow for flexibility in the event that changes are needed. Nevertheless, basic legal cover for the processes is important if they are to be effective. Sectoral portions can be included in the Act if they are needed. Sectors such as forestry, cultural heritage, and national parks all need new legislation, and these reforms could be part of this process. Other sectors such as water management, environmental health, and environmental research, where there is presently no legal cover, should also be included. Conventional environmental protection provisions must be included in the statute and should be harmo- SARHAD PROVINCIAL CONSERVATION STRATEGY 55
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B I B L I O G R A P H Y Government
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Sarhad Provincial Conservation Strategy - IUCN

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