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Ähnlich wie Policy Brief -Envtl Governance for effective climate adaptation in IHR
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Policy Brief -Envtl Governance for effective climate adaptation in IHR
- 1. POLICY BRIEF ON ENVIRONMENTAL GOVERNANCE FOR EFFECTIVE CLIMATE CHANGE ADAPTATION TO RESOLVE CRITICAL ENVIRONMENTAL ISSUES OF THE INDIAN HIMALAYAN REGION (IHR) Presentation By: Naysa Ahuja Enviro Legal Defence Firm In collaboration with Environment, Law and Development Foundation August 2015
- 3. SCOPE OF WORK AIM: integrated strategy for governing of resources and mountain societies in IHR DELIVERABLE: Policy brief to identify and analyse good environmental policies and practices for IHR for effective climate change adaptation RESEARCH METHODOLOGY: Desk-based, interviews, & Workshop DURATION: 60 days (draft policy brief) APPROACH: livelihood, landscape, integrated, transboundary, ASSESSMENT: Existing policies, Action plans, judicial position on climate adaptation (National, IHR states and International) CORE SECTORS- Energy, Agriculture, Forest & Biodiversity, Urban Development, Waste Management This is the First Draft Policy Brief!
- 4. OVERVIEW OF THE PAPER Climate Adaptation & its Status in India Principles for framing IHR integrated policy International Mountain Context Good practices Policy findings & recommendations Policy Takeaways
- 5. IHR AND CLIMATE CHANGE ADAPTATION
- 6. IHR-MOUNTAIN AND DEVELOPMENT CONTEXT GEOGRAPHICAL COVERAGE: 5.37 lakh km2 ADMINISTRATIVE COVERAGE: 10 states and 2 states partially HABITAT: Home to around 74 million people ECOLOGICAL SIGNIFICANCE: one of the 34 biodiversity hotspots ; 60 eco-regions, 330 important bird areas, 53 important plant areas Supports some of the major river systems of the world for India, Nepal, Bangladesh, China, Bhutan and Pakistan and a large number of wetlands
- 7. WHAT IS CLIMATE CHANGE ADAPTATION AND WHERE ARE WE ON IT? DEFINITION: Adaptation involves how communities adjust to the changing climate and thus, the involvement of local communities is a must NEED: Integrated regulatory framework ACTUAL SITUATION: Long way to go!
- 9. KEY PRINCIPLES FOR ENVIRONMENTAL GOVERNANCE FOR CLIMATE CHANGE Sustainable Development Precautionary Principle Integrated natural resource management Decentralized Governance Gender and Equity Policy and Policy Measures as a continuous Process Respecting traditional community practices Transboundary approach Focus of Adaptive Measures
- 10. INTERNATIONAL MOUNTAIN CONTEXT STAGE OF INFANCY 1st transnational agreement on mountain- Alpine Convention- entered into by nine states, including EU in 1991 UNCED :Agenda 21; Chapter 13 on sustainable mountain development INTERNATIONAL GOOD GOVERNANCE POLICIES Bhutan: National Adaptation Program of Action (NAPA) Nepal: Climate Budget Code China: National Adaptation Strategy
- 11. NATIONAL CONTEXT ON CLIMATE GOVERNANCE IN IHR Constitutional Guarantees on Environment: Article 48A and Article 51A (g) National Policy on Integrated Development of the Himalayas, 1992 National Mission on Sustaining the Himalayan Ecosystem (NMSHE) under the National Action Plan on Climate Change (NAPCC) 2008 Guidelines on Governance of Sustainable Himalayan Ecosystem (GSHE), 2009 SAPCCs & State Policies: Energy, Agriculture, Forest & Biodiversity, Town Planning & Urbanization
- 12. JUDICIAL INTERVENTION IN IHR Role of Apex Court Order in Godavarman matter Order in Narmada Bachao Andolan Lack of conspicuous order on IHR per se Reason?? Example of how judicial activism can contribute Court orders in Netherlands
- 14. CLIMATE CHANGE ADAPTATION BY COMMUNITIES Few Best Practice Examples Sikkim: Traditional Agrodiversity Uttarakhand: NabuSamo and Kathburiya Devi, rain water harvesting practices, Sacred God Sites Arunachal Pradesh: Sacred Groves Nagaland: Pycohydel Projects Himachal Pradesh: Ecosystem Service Charges Assam: Tracking ant movements
- 16. POLICY RECOMMENDATIONS INTEGRATED POLICY FOR IHR Sectoral Approach with cross cutting themes Clustered approach Specific law with state guidelines ADMINISTRATIVE AND LEGAL CHANGES Review of legal and administrative mechanism Amendments in laws: Central and State Amendments to policies Creation of Taskforce for formal mechanism with MOEFCC as nodal agency Training of various line departments and other implementing agencies Strengthening institutional coordination Cumulative assessment of integrated projects from a climate adaptation perspective Coordination among all line departments
- 17. POLICY RECOMMENDATIONS(CONTD….) RECOGNITION OF TRADITIONAL PRACTICES Preserving traditional knowledge Community Intellectual Property Formal recognition system based through digital libraries Recognizing and validating community efforts through legal measures EFFECTIVE LAND USE PLANNING WITH TRANSBOUNDARY APPROACH FOR ECOSYSTEMS INTERNATIONAL COVENANTS AND AGREEMENTS Meet national obligations through effective legal & programmatic interventions
- 18. POLICY RECOMMENDATIONS(CONTD….) FINANCIAL SUPPORT TO IHR long-term investment programme Promote self-generating mechanisms on resources mobilisation stronger financial security net- climate insurances REGULATORY AND INSTITUTIONAL CHANGES o Inter-department Coordination! o Understanding of Climate Adaptation o Cumulative Assessment TRAINING AND CAPACITY BUILDING OF COMMUNITIES RESEARCH AND DEVELOPMENT Technology Social Policy
- 19. KEY POLICY TAKEAWAYS Bring consonance to relevant state laws of IHR states with the SAPCC, NMSHE and GSHE Empower communities to engage in resource utilization understanding location-specific vulnerabilities and needs Clearer two-way link between science, policy and practice Scientific evidence on climate change basis for policy- formulation Mechanisms to ensure the policy brings about adaptive change in the community practice Implementation plan and specific programmatic intervention must flow out of approved SAPCCs of each state Statutory backing to the policy followed by time-bound action plan monitored and enforced by a statutory body Avoid pilot or model approach which is limited to time-bound funding
- 20. POLICY TAKEAWAYS (CONTD.) Incorporate climate adaptation in the planning of every environmental policy Climate adaptation to be intrinsic good governance indicator at every level SAPCC and state laws to ensure place-based and locally-driven adaptation measures are adopted in a time-bound manner Training and capacity-building of communities and implementing authorities on climate adaptation in various sectors Enhancing adaptive capacities & strategies through defined institutional support at different levels Developing Climate Fund such as in Nepal Budget Code “Policy fragmentation” and “institutional barriers” to be addressed through National adaptation policy-response assessments Gender-focused livelihood diversification to transform role of women from vulnerable group to risk managers
- 21. POLICY TAKEAWAYS (CONTD.) Adequate funding to communities to explore climate adaptive practices at local level through central and state level schemes such as MNREGA and through funds available under CAMPA. Research is needed on the central and state schemes available for promoting climate innovative strategies on livelihood security. Adaptive traditional management system of agrodiversity needs to be recognized in the National Biodiversity Strategy and Action Plan as well as Biodiversity Rules Disaster preparedness on agriculture system, crop security through appropriate crop insurance policy, better storage facilities, among others.
- 22. THANK YOU! WE WOULD BE HAPPY TO RESPOND TO ANY QUERIES!
Hinweis der Redaktion
- Examining various relevant orders, amendments and judicial pronouncements; Identify gaps vis a vis climate adaptation Focus on Livelihood and resilience building Transformative & Sustainable development Institutional & Judicial Recommending modifications in existing policies or new policies which ascertain them in line with current status quo/requirements and meet objectives of climate change adaptation and sustainable development
- Background on IHR: Mountain and developmental context, key good governance environmental principles Policy recommendations for amendments crucial in the environmental governance framework for climate change adaptation
- Central government has so far failed to come up with a fruitful result. The states coming under the IHR have their own set of state legislations for the conservation of the Himalayan region
- Sustainable Development: “improving the quality of human life in perpetuity, while living within the carrying capacity of supporting ecosystem, and not undermining the diversity and importance of other natural species and systems, indicating a positive change which does not undermine the environment or social systems on which we depend PP: Take appropriate measures to prevent environmental harm before it occurs, rather than repair damage that has already occurred Integrated NRM: Inter-relatedness of all natural resources and coordination of policies, programs, plans and projects in the exercise and performance of administrative and statutory functions by government agencies, statutory authorities, local government bodies, and the community
- Nepal: In order to map and address climate impacts and opportunities, Nepal has designed a National Adaptation Programme of Action (NAPA) based on low-carbon climate-resilient development pathway. The programme aims to identify and address immediate adaptation needs of the country at multi-governance level. This is coupled with a national level climate change policy as well as Climate change budget code. This national law and policy framework helps prioritise Nepal’s climate-related objectives and tracks the financial flows to relevant ministries and sectors to build Nepal’s green economy. Apart from the above, the National Framework for Local Adaptation Plan of Action (LAPA) gives considerable importance to bottom-up approach of building local-level adaptation by earmarking 80% of the funds to local adaptation programmes and practices. Going forward, Nepal plans to establish a Climate Change Fund as envisioned in climate change policy of Nepal and build the capacities of the local agencies to ensure effective climate financial management Climate Change Financing in Nepal, IIED, April 2014. Bhutan: Bhutan was one of the first countries to prepare and submit its National Adaptation Programme of Action (NAPA) to the UNFCCC in 2006 and start its implementation in 2007. Bhutanese Glacial Lake Outburst Flood (GLOF) management work on Thorthormi Lake is well applauded as an example of adaptation implementation across the world. Interesting aspects of Bhutan’s NAPA is that it is a living document which is periodically revised and updated by the National Environment Commission based on new scientific findings and the Vulnerability Assessments conducted. Further, NAPA has a unique approach to ensure adaptation implementation based on urgent and immediate priorities, rather than sectoral approach. Some of the NAPA priority projects in 2006 were: Artificial Lowering of Thorthormi Lake, Weather Forecasting System to Serve Farmers and Agriculture, Flood Protection of Downstream Industrial and Agricultural Areas, GLOF Hazard Zoning (Pilot Scheme – Chamkhar Chu Basin), Promote Community-based Forest Fire Management and Prevention, among others. As a result of such project-specific approach, the outcomes have been quantifiable. A government circular for GLOF-resilient land use planning, based on the GLOF hazard zoning, has been issued and disseminated to the local authorities. Moreover, lessons learned from the project are being captured and disseminated through, amongst other, the Adaptive Learning Mechanism (ALM) and knowledge-sharing with other GLOF-prone areas China: China has been a little late to respond to adaptation needs of the country however, its 12th five year plan (FYP) of 2011 devotes considerable attention to energy and climate change actions. The recent FYP includes a specific section on adaptation for the first time, mandating development of its National Adaptation Strategy. National Strategy for Climate Change Adaptation of 2013 (NAS) adopts a cross-sectoral integration approach for effective adaptation planning which includes agriculture, water, forests, coastal areas, grasslands, health, and infrastructure and energy security sectors. Further integration with the development goals of the country is envisioned to develop its comprehensive adaptation roadmaps. It is pertinent to note that China aims to develop provincial adaptation roadmaps given the diverse topography and climate change threats faced by the country. The redeeming factor of the China’s NAS is that its priority areas include capacity building, legislation, planning and international cooperation among other areas China’s Policies and Actions on Climate Change, November 2014, The National Development and Reform Commission.
- NPIDH: emphasized creation of special administrative mechanisms to meet the conservation and development goals of IHR as well as aimed to give a policy framework on development of IHR NMSHE focuses on understanding synergy between the Himalayan ecosystem and the climate factors, and ensuring sustainable development of IHR. To meet the objectives of NMSHE, strategies devised include institutional collaborations; knowledge management; and development of regular project monitoring and reporting systems. The focus on the local community involvement is the highlight of NMSHE. It encourages the use of traditional architectural practices and use of local material in the town planning. The GSHE were formulated to lay down specific governance decision on the management of Himalayan ecosystem. It was the first attempt to fulfil the objectives of NMSHE, NAPCC and the National Environmental Policy of 2006 with a focus on Himalayas. These guidelines take a sectoral approach, addressing each sector of the Himalayan region separately. It was a laudable attempt however the guidelines have largely failed to influence the IHR state policies and local laws to give complete effect to its aims. Each of the 12 IHR states has come up with their own State Action Plan on Climate Change (SAPCC) under the mandate of NAPCC. The approved SAPCCs of each state design its own plans, actions and strategies for each sector affected by climate change given its own unique context. Some of the SAPCCs are discussed below under a few sectors that are critical to the livelihoods of the mountain communities and need immediate adaptation measures.
- repeatedly recognized climate change as a real threat to the environment and development of the country. It has made comments in various cases which can be understood as climate adaptation suggestions on water storage, mountain-forests interdependence, and infrastructure development, among others. For instance, in T.N. GodavarmanThiruvalpadvs UOI (2005),the SC warns that, “The overall impact of these [environmental exploitation] phenomena is likely to result in depletion of ozone layer, change of climate, rise in sea-level loss of natural resources, reduction in their productivity ultimately leading to an ecological crisis affecting livelihood options for development and over all deterioration in quality of life”. Also, in the case of Narmada BachaoAndolan vs UOI and Ors (2000) the court stated that the water storage capacity of the country needs to be increased adequately in near future to meet the challenges of increased population and erratic rainfall patterns. In spite of such the Apex court has conspicuously kept itself from giving any directions, guidelines or orders to Central or state agencies for the implementation of NAPCC or SAPCC objectives. This is perhaps because the climate adaptation has yet not been incorporated into local laws and policies however, the relevant portion of the Constitution of India can be invoked for getting appropriate judicial directions on urgent climate adaptation measure. T.N. GodavarmanThiruvalpad vs UOI (2005); Bombay Dyeing and Co vs Bombay Environmental Action Group and Ors (2006); and others Narmada BachaoAndolan vs UOI and Ors (2000) Narmada BachaoAndolan vs UOI and Ors (2000) IA No. 826 in IA No. 566 in Writ Petition (C) 202 of 1995 with IA Nso. 932 in 819-821, 955, 958, 985, 1001-1001a, 1013-1014, 1016-1018, 1019, 1046, 1047, 1135-1136, 1137, 1164, 1180-1181, 1182-1183, 1196, 1208-1209, 1222-1223, 1224-1225, 1229, 1233, 1248-1249, 1253, 1301-1302, 1303-1304, 1312, 1313, 1314, 1315-1316, 1318 and 1319 in Writ Petition (C) 202 of 1995
- Traditional Agrodiversity (TAs) system of Sikkim not only ensures food security and economic returns from high-value medicinal plants and large cardamom plantations, but also offers a range of supporting, provisioning, regulating, and cultural services. Integrated farming with a combination of crop, plant, and animals by the native farmers of Sikkim is a common adaptation practice. Conservation practices such as the institutions of NabuSamo and Kathburiya Devi are important in Uttarakhand. The locals pay their homage to Kathburiya Devi by placing a branch of deodar or its cones as a thanks giving for the successful climb to that point. In NabuSamo, the insects which harm the crops are collected and tied to the horns of a goat which is then sacrificed. These practices thus represent an effective means of regeneration of flora and effective way of getting rid of the harmful insects. Uttarakhand has numerous traditional techniques for water resource management. The locals follow a system of rain water harvesting by building several structures such as chaals, khaal, chuptyaula, dharassimars, naula/baori, guhl etc. which are mainly used for human consumption and livestock feeding. Another practice by the locals is that of sacred natural sites (SNS), which are distributed throughout the state of Uttarakhand. They are referred ad Se-Rong or God Forest. In the nine districts in Uttarakhand, there are 168 sacred natural sites including 75 sacred forests, 74 sacred groves, 10 water bodies and 9 pastures. In some cases, entire forest areas are dedicated to deities. The villagers don’t enter those areas fearing to anger the forest deity, or defy the norms to produce dead wood, fodder grasses or any other forest produce except on the occasion of annual festivals. In the state of Arunachal Pradesh, there are at least 101 sacred groves which are primarily managed by the Buddhist monasteries along with a few which are being managed by the local communities for their respective deities. The sacred groves attached to monasteries are called Gumpa Forest Areas with the deity being Buddha. These groves have been culturally limited and, thereby, reduced the human impact in terms of harvesting of natural resources. In Nagaland, communities are investing in small pycohydels-upto 5 kws to generate power. Such smaller projects are more economical and do not affect the ecosystem In Himachal Pradesh, the reduction in apple production in certain areas due to climate change has led to amechanisms of payments of ‘ecosystem services’ and ‘ripararian rights system’. Under this, communities located on a lower altitude give fee to those at a higher altitude for not hindering their water supply. Regular flooding in the river Brahmaputra of the Eastern Himalayas is a common occurrence during the rainy season, often impacting the town of Dibrugarh in Assam, but was earlier not perceived to be detrimental. Traditional wisdom was used to predict the occurrence of these floods-e.g. the movement of ants or the behaviour of the gagini locust. Local plantain and bamboo rafts called bhoor were rapidly built to escape the floodwaters while loose bamboo matting was used to form a barrier to trap fish in the flood waters.
- t would be crucial to enact and implement Biodiversity Rules in all the IHR states at the earliest through creation of Biodiversity Management Committees (BMCs) and People’s Biodiversity Registers (PBRs). Oral as well as written TK should be documented in the PBRs. A formal recognition system must emerge at the behest of states to recognize traditional healers based on knowledge, credentials, effectiveness and acceptance by the local community among others. Prior informed consent (PIC) of the local communities is to be obtained before commercial utilization of resources. The access to these registers would only be available to outsiders with consent of the BMCs thus ensuring the prior and informed consent condition. Implement the provision of the right to community intellectual property, process of recognition and vesting of rights under Forest Rights Act may be set in motion. This will strengthen the existing methods to record and protect traditional knowledge such as PBRs. * Recognizing and validating community efforts through legal measures Integration of plans falling within various departments with community practices. Creation of Conservation Reserves and Community Reserves Recognizing claims to CFR and preparation of CMP under FRA Notification of Biodiversity Heritage Sites Land use planning: ecosystem based land use planning promote balanced land use and check the diversion of prime lands under industrialization, forestry and agriculture. Land Use Boards should undertake the task of planning as a priority A joint ecological mechanism of India, China, Nepal and Bhutan Early warning system within the Hindu Kush Himalayan Region
- Financial mechanism to be put in place for IHR sustainable development activities: long-term investment programme for IHR funding, commensurate with the national GDP, through public sector participation, need-based international funding, and regular budgetary allocation. Promote self-generating mechanisms on mobilisation of resources such as value addition to forest products, market linkages and tourism to supplement the financial resources to the sector. stronger financial security net for small farmers to protect them against climate vagaries International covenants & Agreements: to meet their national obligations to these Agreements, Protocols and Conventions through enabling instruments such as executive orders, policy and legislative measures Regulatory Institutional Changes: set up monitoring and evaluation systems for climate change adaptation measures with clear criteria and indicators, the target population and specific and measurable outcomes team of experts at both discipline as well as resource level shall be created to provide strength to the MOEFCC on a need based strategy Action-based policies must flow out of approved SAPCCs of each state. Pilot or model approach which is limited to time-bound funding should be avoided with climate adaptation measure to be incorporated in the planning through every environmental policy. Climate adaptation should become a crucial consideration of governance at every level from national, state to local level. The procedure for clearance of a project in the Himalayan region must go through the scanner of what climate adaptation practices or measure can be introduced in the implementation of the project. Decision making authority should be vested with the village-level institutions in the spirit of decentralized governance, in order to enable communities to conserve their environment in a more effective fashion. Coordination between parallel running line departments and between village, district and state level agencies must be ensured. All relevant state laws of IHR states must be reviewed and amended to be in consonance with the SAPCC, NMSHE and GSHE. A provision for clearance for Environment Impact Assessment specific to IHR should be developed in the Environment Protection Act wherein prior to clearance of any project, an impact assessment for the impact on the Himalayan region should be done, keeping in mind the NMSHE and GSHE guidelines. More sensitivity should be paid to unique context of Schedules V and VI areas in IHR, customary practices, special power vested in the people therein through the Constitution and special laws such as Panchayat (Extension to Scheduled Areas) Act, 1996. R&D: Government to promote cost effective research in IHR that responds to the needs of local communities, government agencies, private investors and other stakeholders. Institutional co-ordination and collaboration between researchers and end users Applied research in IHR through a specialized research and development (R&D) unit managed by the MoEFCC. Participatory research relevant to sustainable development and enhancing livelihoods to be promoted Appropriate rural technologies to be promoted
- Relevant state laws of IHR states must be reviewed and amended to be in consonance with the SAPCC, NMSHE and GSHE. Lack of accessibilities of communities to alternative resources or adaptation technologies to avoid resources wastage and engage proactively in resource utilization must be addressed based on location-specific vulnerabilities and needs. Clearer two-way link between science, policy and practice Scientific evidence on climate change should be basis for policy-formulation Mechanism needs to be developed to ensure that the policy brings about adaptive change in the community practice Implmentation plan and specific programmatic intervention must flow out of approved SAPCCs of each state. Statutory backing to the policy followed by time-bound action plan monitored and enforced by a statutory body to ensure that the approach is anticipatory/ preventive rather than reactive. Avoid pilot or model approach which is limited to time-bound funding.
- Incorporate climate adaptation in the planning of every environmental policy Climate adaptation to be crucial consideration of governance at every level SAPCC and state laws to ensure place-based and locally-driven adaptation measures are adopted in a time-bound manner. Training and capacity-building of communities and implementing authorities on climate adaptation in various sectors Establishing defined institutional support at different levels for enhancing adaptive capacities and for climate adaptation strategies Developing Climate Fund such as in Nepal Budget Code “Policy fragmentation” and “institutional barriers” need to be addressed regular National adaptation policy-response assessments. Gender-focused diversification of livelihoods and recognition of transforming women from vulnerable group to risk managers