Review and Analysis of Inter Sectoral Linkages between ... · Inter Sectoral Linkages between...

Review and Analysis

of

Inter Sectoral Linkages between Forest & Water Sector Laws

at the

National & Provincial Level

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Review of National & Provincial Forest Laws – Report

Table of Contents

Executive Summary ---------------------------------------------------------------------------- 02

List of Acronyms ------------------------------------------------------------------------------- 03

1. Introduction -------------------------------------------------------------------------------- 04

2. Objectives and Scope of the Study ------------------------------------------------------- 05

3. Methodology, key linkages and interface between forestry and water sectors ----------06

4. Legislation in Pakistan --------------------------------------------------------------------- 08

4.1 Review & Analysis of Inter sectoral Linkages at provincial level: policy, planning & implementation

4.2 Review & Analysis of Inter sectoral Linkages at national level: policy, planning & implementation

5. International Obligations and Domestic Law ---------------------------------------------- 37

5.1 Progress towards meeting international commitments

6. Streamlining Inter-Sectoral Coordination ------------------------------------------------- 43

6.1 Building effective and integrated policies and legislative guidelines

6.2 Amendments in relevant laws, rules and regulations of forestry and water sector

7. Conclusion and Recommendations--------------------------------------------------------- 48

References -------------------------------------------------------------------------------------- 54

Annex I Stakeholder Perspective------------------------------------------------------------ 58

Annex II List of Workshops’ Participants---------------------------------------------------- 65

Annex III Terms of Reference of the Study-------------------------------------------------- 71

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Executive Summary:

With water scarcity a reality and becoming a mainstream political issue, water conservation measures are high on the development agenda. Pakistan’s water resources overwhelmingly stem from glacial melt and watersheds. With a low forest cover and incessant deforestation, the watershed resource is being lost and wasted and there is need to streamline coordinated efforts between the forest and water sectors.

After examining the laws and policies for inter-sectoral linkages between the forest and water sectors, and after analyzing the nuances in regulatory mechanisms, this study has been able to conclude that, other than in the Khyber Pukhtoonkhwa, there is no real inter-sectoral coordination between the forest and water sectors.

The forest sector, other than in Khyber Pukhtoonkhwa, is dominated by the Forest Act, 1927 and other Colonial legislation designed to control the cutting, sale and transport of timber. It is not designed for forest management, let alone modern forest management with its understanding of climate change.

The water sector, as studied here, can be categorized into irrigation water and drinking water legislation (Baluchistan is the only province, however, to have groundwater rights legislation). Water for irrigation, which is one of the forms of surface water in Pakistan, was regulated in all provinces by the Canal and Irrigation Act, 1873. Now, except in the Azad Jammu and Kashmir, all the provinces have replaced the Colonial legislation with irrigation and drainage legislation that perceives devolution in decision making authority and active involvement of community and grass-roots based stake holders. These new irrigation and drainage laws were only put into place in 2007 and the administrative transition they envisage can only be properly evaluated in the years to come. However, as they are based on a modern understanding of community-based sustainable development, it is hoped that the regulatory framework of these laws will herald the inter-sectoral approach needed between the forest and water sectors.

This study finds that the main reason for the lack of inter-sectoral linkages between the forest and water sectors is because the administration of government under the Federal and Provincial Rules of Business allocates the responsibility of managing these sectors to different departments and that there is no linkage between the departments. However, the Khyber Pukhtoonkhwa is unique in this regard as its environment, forest, watershed management, wildlife and fisheries all come under the Environment Department, providing it with inter-sectoral connectivity. Incidentally, the Khyber Pukhtoonkhwa has also undertaken the long term Sarhad Conservation Strategy, which may have contributed to the increased awareness and necessary inter-sectoral connectivity required to bridge the water and forest sectors.

The study recommends that the Federal and Provincial Government learn from the experiences of the Khyber Pakhtoonkhwa Government in putting into place an integrated approach to the environment. Additionally, the study provides an actionable plan for promoting synergies, cross linkages and reciprocities between forestry and water (irrigation) sectors at policy and operational management level in addition to the legislation. Only in this way will the challenges regarding inter-sectoral linkages between the water and forest sectors be overcome.

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List of Acronyms:

BCS Baluchistan Conservation Strategy

BFR Baluchistan Forest Regulation, 1890

FAO Food and Agricultural Organization

FATA Federally Administered Tribal Area

IDA Irrigation and Drainage Authority

LEAD Leadership for Environment & Development

MoE Ministry of Environment

NFP National Forest Programme

PCRWR Pakistan Council of Research in Water Resources

PATA Provincially Administered Tribal Area

PIDA Punjab Irrigation and Drainage Authority

SAARC South Asian Association for Regional Cooperation

UNDP United Nations Development Program

UNEP United Nations Environment Program

UNFF United Nations Forum on Forests

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1. Introduction:

As forestry is a provincial subject, the main legislation (subject to the exceptions below) covering them is the Forest Act, 1927. Although the Forest Act, 1927 was a centralized legislation, the powers to reserve forests, issue notifications and enforce the provisions of the Forest Act are all conferred upon provincial governments.

Meanwhile, Pakistan’s water resources are dwindling. At partition, per capita water resources stood in excess of 5,000 cubic meters of water per person per year. Now, this figure is near 1,300 cubic meters of water per person per year. Pakistan’s surface water resources come from glacial melt and rainfall. However, as deforestation takes place, natural watershed areas are being lost, putting additional strain on surface as well as ground water resources.

With respect to the Federal Government, no specific mention of “forests” is made in the Federal Government Rules of Business, 1974. This is because, under the Constitution, forestry is entirely a provincial matter. The same is true with the laws relating to water used for irrigation and drainage or for drinking purposes or household consumption. Moreover, each of the four provinces allocates the regulation of forest and water sectors slightly differently from one another. Baluchistan, for example, being an arid area, treats its forest sector differently from Khyber Pukhtoonkhwa. The water sector in Sindh is managed differently by their Irrigation Department than by the same Department of the Government of Punjab. The different context of each province makes such differences necessary.

There is a common perception, especially amongst the practitioners in the forestry and water/irrigation sectors that lack of complementarities or mutually responsive linkages is proving detrimental for the two sectors in many ways. While irrigation and power sectors are directly dependent upon optimum run-off in river waters in catchment areas, the quality and quantity of water in itself is a function of land-use practices in the watershed areas-forestry being the most critical. Similarly, the very existence of forests in plains (including irrigation plantations, canal-side plantations, riverine forests etc) is also critically dependent upon availability of irrigation water. Obviously, this calls for greater synergies and coordination amongst forestry and irrigation & power sectors at federal and provincial levels. The purpose of this study is accordingly an effort to evaluate existence or lack thereof of such linkages, with a view to assess the impacts and suggest remedial measures for the mutual advantage of the two sectors.

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2. Objectives & Scope of the Study:

That forest sector in Pakistan competes with and supplements inter-sectoral links with agriculture, water, energy, trade and industry. Lack of coordination means inter-sectoral conflicts in policies. The highest political level recognizes the need for inter-sectoral integration. However, there is a need to assess if this recognition has been translated at the level of legislation, policy, planning and implementation.

This study reviews national and provincial forest law, rules, regulations and notifications to review and presents a critical gap-analysis with respect to its linkages with the water sector. At the same time, it will perform the same analysis on the water sector’s inter-sectoral linkages with the forest sector.

The study also examines Pakistan’s international obligations with regards the forest and water sectors. Regional obligations at the SAARC level are also examined. The study determines whether Pakistan is complying with its international obligations in the relevant sectors.

The study also points out why certain laws and conventions are not being implemented in Pakistan. Historically and up till now, Ministry of Environment has been mandated to ensure compliance with international treaties and commitments in the forestry sector. Lack of appropriate progress in this regard could be linked to absence of functional linkages between federal and provincial level organizations looking into forestry-related commitments. Of late, implications of 18th amendment (substantially altering the scheme of constitution regarding federal and concurrent lists) in the areas of fulfilling international commitments on water of forestry would need to worked out and catered afresh.

Lastly, the study makes specific suggestions to the relevant legal framework for streamlining inter-sectoral coordination and efficient / supportive working relations.

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3. Methodology:

In the process of preparing this study, the following methodology was adopted:

Identification of all laws, policies, rules, regulations, notification and strategies pertaining to the forest and water sector at the provincial (including FATA and PATA) and federal levels and Pakistan’s international obligations in the forest and water sector;

Review and analysis of existing legal and policy framework, including a review of the Federal and Provincial Rules of Business, for the purpose of identifying gaps and linkages in policy, planning and implementation;

Reference to the Federal and Provincial Rules of business became necessary as repeated attempts to understand the lack of inter-sectoral linkages between forestry and water sectors eventually turned on the respective jurisdictions and areas of competence of each provincial and federal department or ministry. The Federal and Provincial Government Rules of Business, as will be elaborated below, create exclusionary areas of responsibility for the water and forest sectors. As a result, there is lack of coordination in government departments.

In order to have a greater debate and insight, the draft report will be shared with a wide cross section of relevant stakeholders (including environmentalists, forestry professionals from federal and provincial government, water sector experts, media, NGOs etc) through provincial level consultative sessions. These consultative sessions are designed to perform a dual role. Firstly, these sessions will provide feedback and input to be incorporated in the final draft of the present report. Secondly, and very importantly, these session will be used to develop concrete “action-plan” with clearly defined responsibilities as a result of group work during these sessions. Such an action plan would provide crucial policy inputs for consideration and guidance of policy-makers in the two sectors.

Key Linkages and interfaces between forestry and water sectors.

Before undertaking the detailed review of the legal and policy framework, it is essential that areas of synergies and cross linkages within forestry and water sectors are briefly explored and defined. This could enhance the later understanding of the linkages (or lack thereof) during subsequent discussions under this study. While the list of such sectors could be very long, the more important are being discussed in the following sections:

Watersheds: Watershed areas may be loosely defined as hilly terrain where rivers and their tributaries originate or are augmented as a result of snow melt or rainfall run off. Watershed areas are critical as land use practices adopted in these areas have a direct relationship with quantity, quality and timings of river water run off which ultimately reaches the plain for uses in agriculture, power production, livestock or other livelihood areas. Presence or absence or forests or tree covers has numerous implications for quality or quantity of run off waters.

In view of recent manifestations of climate change phenomenon, non-adoption of sound strategies of watershed management appears to be glaring. While decisions regarding construction or otherwise of dams and barrages are being contemplated, the impact of decisions on the downstream forestry, wetland or wildlife resources are usually not taken into account. Water allocation decisions in the upstream areas tend to have far reaching effects upon forestry related activities in the down stream areas. Identifying

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and working through these cross-cutting linkages through watershed management principles is nearly as important as other water harvesting policies or decisions.

Canal side / Rail side or Roadside Plantation: These plantations represent linear forests which are grown with the objectives of providing timber or firewood as well as for protection and aesthetic purposes. In most of the cases, these kinds of tree plantations are completely or largely dependent upon continuous availability of irrigation water.

Irrigated Plantation: These are compact plantations raised over areas ranging between a few hundred hectares to thousands of hectares. These compact plantations are primarily managed with the objectives of providing regular supplies of marketable timber or firewood for the state exchequer. These intensively managed compact plantations are solely dependent upon availability of irrigation water which can be provided through the irrigation department.

Agro-Forestry: This is one variant of social forestry where agricultural landowners are encouraged to grow trees along the banks of their agricultural fields as well as in the shape of small grooves on less productive farmlands. The purpose of agro-forestry is to provide some readily available cash to the farmers through the sale of trees grown alongside agricultural crops. Lie agricultural crops, agro-forestry operations also depend solely upon availability of irrigation water provide by irrigation department.

Riverine Forests and Mangroves. This is essentially a phenomenon, peculiar to the province of Sindh and pertains to natural forests which have historically existed along the banks of river Indus and towards its culmination in Arabian Sea. Riverine forests provide precious livelihood to large number communities residing alongside Indus as seasonal flood water (aabkalani) acts as lifeline for these riverine forests as well as scratch agriculture practices on the banks of river Indus. Very Importantly, upstream activities by irrigation department on major rivers (including construction dams and barrages) directly affect the river water flow which in turn reduces the available waters for sustaining tree growth in riverine forests as well as in the coastal mangroves.

Wetlands and Reservoirs: Wetlands are an important component of ecosystem as countless varieties of local/migratory birds, amphibians or reptiles directly or indirectly depend upon these water bodies for their life and growth. Sustainable growth of Inland wetlands is hugely dependent upon regular flows of fresh water whether from rainfall or river flows etc. Activities of irrigation department as well as adjoining municipal bodies have a crucial impact on sustainability of these critical wetlands.

Others: In addition to these major areas, less prominent linkages between water sector and forestry/tree resources also exist in some other areas. For instance, rural areas in Punjab and Sindh would traditionally have one or more water ponds with old trees (banyan, jaman, mango etc) growing on the edges for shades. These water ponds attended to critical needs of watering the cattle, washing clothes or other household chores. Similarly, many of the degraded, marginal or depleted areas in rural as well as peri urban locations can be reclaimed by planting appropriate species of trees including eucalyptus. While over-stretched requirements of land for residential or agrarian purposes-especially in rural areas-have already diminished many of these traditional water-trees groove areas, there could be a lot of merit in preserving these for multitude of benefits that have been historically provided by these mini-ecosystems.

The study would explore the research questions in the context of above referred linkages where forestry and water sector legislation and policies come in closer interface.

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4. Legislation in Pakistan:

4.1 Review and Analysis of Inter-Sectoral Linkages at the Provincial Level: Policy, Planning & Implementation:

Each of Pakistan’s provinces has legislation relating to forests and water management. In this section, a review and analysis of existing forest and water legislation is provided province by province.

4.1.1. Punjab:

Review:

4.1.1.1 The Punjab Land Preservation Act, 1900: The Punjab Land Preservation Act, 1900 gives the Government of Punjab the power

to make directions whenever it appears to it that is desirable to provide for the conservation of sub-soil water or the prevention of erosion in any area. Such direction may include regulations, restrictions or prohibitions regarding, inter alia, (i) the clearing or breaking up or cultivating of land not ordinarily under cultivation; (ii) the cutting of trees or timber, or the collection or removal or subjection of timber to any manufacturing process; (iii) the setting on fire of trees, timber or forest produce; (iv) the granting of permits to the inhabitants of towns and villages situate within the limits or in the vicinity of any such area, to take any tree, timber or forest produce for their own use there from, or to pasture sheep, goats or camels or to cultivate or erect buildings therein and the production and return of such permits by such persons.

Further, the Act allows the Provincial Government, if it appears desirable that

measure should be taken in the bed of any nalah for the purposes of i) regulating the flow of water within and preventing the widening of such bed; or ii) reclaiming or protecting any land situated within the limits of such bed, to either issue directions to the persons occupying or possessing proprietary rights in land situated nearby or, if there are no such persons or if the Government of Punjab so thinks necessary in the public interest, to acquire such land near or by the nalah. These powers under this Act are conferred onto the District Officer (Revenue) of the Government of Punjab.

4.1.1.2 The Punjab Forest (Sale of Timber) Act, 1913 (the “Punjab Forest Act”):

The Punjab Forest (Sale of Timber) Act, 1913 provides for the control of sale of

timber, and the establishment of sale depots for timber in Punjab. It allows the Government of Punjab to make rules regulating the sale of timber and the establishment of sale depots for the timber. Such rules, inter alia, may: (i) prescribe the classes of timber to which the Rules will apply; (ii) prohibit the sale of timber at or the establishment or maintenance of unregistered sale “depots”; and (iii) prescribed as penalties for the infringement of any rule made under the section imprisonment which may extend to six (6) months and/or fine. In addition, the provisions of Chapter X of the Forest Act shall apply to the Punjab Forest (Sale of Timber) Act,1913 so far as may be to any infringement of the rules made under this Act, as if such infringement were a forest offence under the Forest Act.

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4.1.1.3 Punjab Minor Canals Act, 1934: The Punjab Minor Canals Act, 1934 regulates the construction, operation and use of

both canals built and operated by the Government and those operated and used privately. However, it has limited affect in only the Rawalpindi, Sargodha and Multan Divisions of Punjab. The Act prohibits the construction of any new canals on natural water channels without the consent of the Provincial Government. On the other hand, the Government is allowed to construction canals and to impose and collect water charges on those using the waters of canals. In relation to Government canals, the Act confers unto the Collector the complete power to control, operate and maintain the canals. The Collector even has the power to direct for the supply of labor from nearby areas for the purposes of maintaining old or building new watercourses and canals. In relation to privately operated canals, the Act confers onto the Collector the power to appoint a canal manager if he is of such opinion and to fix the amount of water that may be used from these canals. The Act also confers the power to acquire land and gives the Government of the Punjab the power to regulate mills close to canals and the amount of water they use from them.

4.1.1.4 Punjab Development of Damaged Areas Act, 1952:

The Punjab Development of Damaged Areas Act, 1952 allows the Government of Punjab to notify any areas within Punjab as a damaged area. The Act then provides for an Improvement Trust to frame a scheme for the development of a damaged area. Such a scheme may provide for all or any of the following matters: (i) the drainage, water-supply and lighting of streets altered or reconstructed; (ii) a system of drains and sewers for the improvement of ill-drained and unsanitary localities; and (iii) the doing of all acts intended to promote the health of the residents of the area comprised in the scheme, including the conservation and preservation from injury or pollution of rivers and other sources and means of water-supply.

The Act operates almost like the legislation regarding development authorities (the Lahore Development Authority and authorities created under the Development of Cities Act, 1976). It has almost no, if any, bearing on the forest sector. For example, most of the litigation on this law has related to the Shah Alam Damaged Areas Development Scheme made under the Punjab DDA for the redevelopment of the Shah Alam area damaged during the disturbances at the time of Partition.

4.1.1.5 The Punjab Plantation and Maintenance of Trees Act, 1974:

The Punjab Plantation and Maintenance of Trees Act, 1974 provides for the plantation of more trees and maintenance thereof in the Province of the Punjab. The Act prescribes that each occupier of land is required to plant three (3) trees per acre of land. In case of failure to do so the required number of trees will be caused to be planted in the occupier’s land by the Department without any let or hindrance by him, and he will be responsible for the maintenance of the trees so planted. Trees already planted and maintained in orchards or otherwise or that may be planted and maintained in orchards will be taken into account. Trees required to be planted and maintained may be done so in compact block or otherwise in his holding. Any person who contravenes the above-given provisions will be liable to pay a fine, after an opportunity of being heard by the authorized officer. The Government is empowered to make rules to carry out the purposes of

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this Act. Such rules may provide for all or any of the following matters: (i) the manner in which trees may be planted and maintained; (ii) the kind of trees to be planted in different areas and the period within which the trees are to be planted; and (iii) the procedure for maintaining the record of trees. Government may, by notification in the Official Gazette, exempt any land or classes of land, or any occupier from the operation of this Act.

4.1.1.6 The Cholistan Development Authority Act, 1976: The Cholistan Development Authority Act, 1976 was passed for the speedy

development and better administration of the Cholistan area of the Bahawalpur Division. It envisages the establishment of a development authority with powers and functions, inter alia, (i) to (ii) provide for means of irrigation and irrigation channels, (iii) provide drinking water for humans and cattle, and (iv) the conservation and preservation of forests and the multiplication of wildlife and natural resources of Cholistan. The Authority established under this Act is similar to other development authorities, except that the Act provides specially and specifically for the conditions in existing in the Cholistan region of Bahawalpur Division.

4.1.1.7 The Murree-Kahuta Development Authority Act, 1987:

The Murree-Kahuta Development Authority Act, 1987 sets up the Murree-Kahuta Development Authority and provides that this Authority will, inter alia, (i) prepare, implement and enforce schemes for the development of education, health, agriculture and industry, forest conservation and development, preservation of wildlife, promotion of tourism, improvement of water supply, land-slide management, development of irrigation facilities, development of means of communication, construction and development of housing, sewerage, drainage, environmental improvement and slum clearance. The Authority established under this Act operates like other development authorities such as the Lahore Development Authority and authorities established under the Development of Cities Act, 1976.

4.1.1.8 Punjab Irrigation and Drainage Authority Act, 1997:

The Punjab Irrigation and Drainage Authority Act, 1997 establishes the Punjab Irrigation and Drainage Authority (“PIDA”) to be chaired by the Minister of Irrigation and Power. The Act itself aims to implement the strategy of the Government of Punjab (i) for streamlining the irrigation and drainage system in the Punjab, (i) to replace the administrative set up and to make management procedures more responsive and efficient, (iii) to achieve economical, effective and to make sustainable the operation of the irrigation, drainage and flood control systems in the province. The Act does so by setting up area water boards (comprising of ex-officio and nominated members) and farmers’ organizations (consisting of elected members) in an attempt to decentralize the management and control of irrigation flows. Also, all the employees of the Punjab Irrigation Department are deemed to the employees of PIDA. The Act gives PIDA full control over the management of surface and groundwater resources in the Punjab subject to the Indus Water Treaty and the Water Apportionment Accord 1991.

4.1.1.9 Punjab Forest Policy 1999:

Punjab Forest Policy 1999 was approved by provincial cabinet. The policy treated all inter-related issues in a holistic manner by suggesting coherent strategies for

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watershed management, scientific range improvement techniques, social forestry, public private partnership, marketing and forestry research as well as other important aspects of forestry. The thrust of the policy was to transform the traditional forestry practices (which were century old and had mostly become irrelevant) into state of the arts areas of expertise, predicated upon suitable and tried best practices from the region.

4.1.1.10 Amendment to Punjab Forest Act 1927: Provincial Cabinet has recently approved major amendments to Punjab Forest Act 1937 on the basis of experiences of forest management in the recent decades. The amendment package is an ambitious and laudable effort to redefine the basic principles of forestry practices to adjust to the changed realities of the present times. Major amendments include substantial enhancement in fines and imprisonments for different categories of forest offences, delegation of prosecutorial powers to Forest Officers, enabling provisions for public private partnerships for enhancing forest cover -and most critically- a complete ban on land use change of any nature in reserved or protected forests. The latest amendment would put a halt on the dangerous trend of re-designating forest lands for non-forestry purposes. These amendments have already been submitted before provincial legislature and relevant standing committee and are set to be made a law once assent of the provincial legislature is accorded.

Analysis:

In the Punjab, forest legislation like the Punjab Land Preservation Act, 1900, the Punjab Forest (Sale of Timber) Act, 1913 and the Punjab Plantation of and Maintenance of Trees Act, 1974 are, essentially, controls over the cutting and sale of timber in the Punjab. First two of these were introduced in Colonial India when deforestation was not even an issue. At the time, the unregulated trade in timber was what prompted legislation.

In relation to water, legislation like the Punjab Minor Canals Act, 1934 and the use of the Canal & Drainage Act, 1873 are both for the purposes of controlling and regulating the flow of surface water through the network of irrigation canals built by the British. The only penalties considered in such laws related to the misuse or theft of water or violence against irrigation works. The conservation of water is not the primary purpose of these laws.

Also, under the Government of Punjab Rules of Business, the responsibility of irrigation water vests with the Irrigation Department and the responsibility over forests rests with the Forestry & Wildlife Department, and never the twain shall meet.

It must, however, be pointed out that the Punjab Irrigation and Drainage Authority Act, 2007 is of a radically different nature. Although it envisions the PIDA to oversee the conservation of water and that this jurisdiction does not necessarily extend to forests; however the devolution thrust contained in the Act will, if properly implemented, allow for decisions relating to irrigation water in the province be dependent on grassroots up inputs rather than top down inputs.

In effect, linkages between water and forestry sector legislation in Punjab are minimal both in terms of broader legal framework as well as its implementation level manifestation. The only area with a relative degree of connect is the canal side plantations where ownership has historically oscillated between forestry and irrigation department. Absence of meaningful linkages is despite the fact that irrigated plantations – mainstay of forestry in

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Punjab and raised over some 200,000 acres – are largely dependent upon regular supply of irrigation water, received form irrigation department.

4.1.2. Sindh:

Review:

4.1.2.1 The Sindh Irrigation Act, 1879:

The Sindh Irrigation Act, 1879 provides for the construction, maintenance and regulation of canals, for the supply of water there from and for the levy of rates for water so supplied, in the Province of Sindh. The Act gives the Government the power to declare that the water of any river or stream flowing in a natural channel, or of any lake or any other natural collection of still water, or any Sub-soil water should be applied or used for the purposes of any existing or projected canal. Canal officers are authorized to enter upon any land, building or water-course, on account of which any water-rate is chargeable, for the purpose of inspecting or regulating the use of the water supplied, or of measuring the land irrigated thereby or chargeable with a water-rate, and of doing all things necessary for the proper regulation and management of the canal from which such water is supplied. Whenever it appears to the Government that injury to the public health, or public, convenience, or to any canal or to any land for which irrigation from a canal is available, has arisen or may arise from the obstruction of any river, stream or natural drainage-course, the Government may, by notification published in the Official Gazette, prohibit, within limits to be defined in such notification, the formation of any such obstruction, or may, within such limits, order the removal or other modification of such obstruction. The Sindh Irrigation Act, 1879 also spells out penalties for violation of its terms including, inter alia, removing water from water courses without authority.

4.1.2.2 Rules for Grazing in Sindh Forest, 1936:

The Sindh Grazing Rules provide for free passes for the grazing of cattle not entitled to free grazing except when protected by such passes.

4.1.2.3 Karachi Joint Water Board Ordinance, 1949 & Karachi Joint Water Board Rules, 1956:

These were enforced by the Karachi Joint Board Authority and prohibited fouling of water supplies, water works, or water tanks within the municipal limits of Karachi.

4.1.2.4 Sindh Irrigation And Drainage Authority Act, 1997:

The Sindh Irrigation and Drainage Authority Act, 1997 provides for the establishment of the Sindh Irrigation and Drainage Authority (the “SIDA”) for equitable distribution of irrigation water and effective drainage and flood control sustainable on long term basis through participation of beneficiaries in the operation and management of irrigation and drainage network. The SIDA has the following, inter alia, powers and duties: (i) to receive Irrigation Water of the Barrages within the Province and/or from the inter-provincial/link canals and deliver the same in agreed quantities to the various bodies or persons on the terms prescribed by SIDA at the relevant Canal head works and to receive drainage effluent at the designated points and convey the same to the interprovincial outfall drains; (ii) to exercise such powers of Government under the Irrigation Act, 1879; (iii) to levy and collect water rate and drainage cess and surcharge for late

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payment of such rate and cess; (iv) to prescribe and receive fees or charge for providing any service under the Sindh Irrigation and Drainage Authority Act, 1997.

The scope of functions and powers of SIDA, inter alia, are: (i) to formulate and implement policy guidelines and procedures for the proper and efficient implementation of the provisions of the SI&DA Act; (ii) to formulate and implement policies in the water resources sector with a view to continuously improve and achieve effective, economical and efficient utilization, preservation and improvement of such water resources on sustainable basis; (iii) to prescribe training requirements and programme which may be necessary for the purpose of this Act and to prescribe the manner and authority for conducting such training and programmes; (iv) to plan, design, construct; operate and maintain the irrigation drainage, storage, reservoirs and flood control infrastructure including hill torrent control and development work for irrigation of lands including watershed management practices in catchment areas of any river; hill torrents or streams; (v) to undertake or assign any person in the prescribed manner anti erosion operations including conservation of forests and reforestation in the catchment areas of any river, hill torrents or streams and for the purpose of clearing or breaking of and as may be necessary be restricted or prohibited; (vi) to promote formation, growth and development of Area Water Board (“AWB”)/ Farmers' Organization (“FOs”) as self-supporting and financially self-sustaining entities and to ensure orderly and systematic induction thereof into the operations of the Authority.

4.1.2.5 Sindh Water Management Ordinance, 2002:

The Sindh Water Ordinance provides for the establishment on long term, sustainable and participatory basis, of public systems for the distribution and delivery of irrigation water, the removal of drainage water and the management of flood waters in a transparent and accountable manner. It does so by establishing a Sindh Irrigation and Drainage Authority to carry out its vision, which is essentially that of managing the irrigation and drainage water resources of Sindh along with other surface water resources. In many ways, the Sindh Water Management Ordinance, 2002 is a predecessor of the Sindh Irrigation and Drainage Act, 1997 (supra) and the SIDA created under it. The Sindh Water Management Ordinance, 2002 does not relate to forest management in any way.

Analysis:

The relationship and linkages between the water and forest sector in Sindh seem to suffer from the same disconnect as in the Punjab. In relation to forests, the Sindh Grazing Rules, 1936 prohibit the grazing of cattle without special passes. The other legislation in place in Sindh in relation to forests is the Forests Act, 1927.

In relation to water, the laws in Sindh can be categorized as either pertaining to irrigation or drinking water. For irrigation purposes, the Sindh Irrigation Act, 1879 – as superseded by the Sindh Irrigation and Drainage Act, 2007, are means by which surface water for irrigation (as well as other water resources) are managed. The SIDA regulates all water resources in Sindh. In line with other irrigation and legislation laws enforced in the other provinces at the same time, the Act seeks to introduce a new paradigm of regulating water resources by introducing devolved decision-making powers with specific focus on community participation and sustainable development. The departmental transition of the employees of the Irrigation Department to the SIDA, as envisaged under the law, would mean that this fledgling authority has management issues to resolve before can fully assume the responsibilities envisaged by the law.

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For drinking water, the Karachi Joint Water Board Ordinance, 1949 and the Sindh Water Management Ordinance, 2002 pertain to the regulation of drinking water and the safe and healthy usage thereof. These laws do not pertain to the forest sector in any way.

There are three areas where functional linkages between forestry and irrigation sectors are found to be missing in case of Sindh. Firstly, there is the issue of riverine forests along the banks of Indus where existence of forests is directly dependent upon availability of sufficient supplies of river waters or flood waters. Secondly, there is a string of ecologically vital wetlands which are also dependent upon uninterrupted supply of water from rivers or canals for their sustainability. Lastly, there are precious mangrove forests in the coastal belt which are also affected by quantities of fresh water from Indus reaching the sea. In order to ensure, sustainability of forestry and wildlife resources in all these examples, a robust coordination between forestry and irrigation department at the policy as well as operational level is vital.

4.1.3 Baluchistan:

Review:

4.1.3.1 Baluchistan Forest Regulation, 1890:

The Baluchistan Forest Regulations, 1890 (“BFR”) is a Regulation to declaring the law relating to forests in Baluchistan. The BFR empowers the Chief Commissioner of Forests to declare any woodland, permanent grazing ground or other land which is a property of the Government to be a State Forest. Under the BFR, any person who, in a State forest, (i) trespasses, pastures cattle or permits cattle to trespass off any road; (ii) cause any damage by negligence in felling any tree, or cutting or dragging any timber; (iii) lops, notches, strips or otherwise damages any tree; or (iv) hunts, shoots, fishes, poisons water or sets traps is punishable with fine. The BFR envisages a procedure for the filing of complaints of violations and sets out a system of penalties and procedure for various offences relating to State forests.

4.1.3.2 Baluchistan Forest Regulation (Amendment) Act, 1974:

The Baluchistan Forest Regulation (Amendment) Act, 1974 amends the BFR. It makes dealing with Juniper Trees in a manner other than prescribed an un-bailable offence and sets out penalties for those found violating its provisions by using, for example, Juniper Trees for firewood or for the purposes of sale.

4.1.3.3 Baluchistan Groundwater Rights Administration Ordinance, 1978:

The Baluchistan Ground Water Ordinance, 1978 provides for the management of ground water rights in Baluchistan and the rights of various persons therein. It extends to the entire Baluchistan except the Tribal Areas. The Ordinance establishes a Provincial Water Board (“PWB”) which is to: (i) lay down policies and make rules and regulations for conserving and developing the ground water resources in the province; (ii) act as a supervising and controlling authority of the various Water Committees set up under the Ordinance; (iii) identify aquifers of ground water and declare them Designated Ground Water Basins and to regulate the taking of water from such Designated Ground Water Resources.

4.1.3.4 Baluchistan Water and Sanitation Authority Act, 1989:

The Baluchistan Water and Sanitation Authority Act, 1989 provides for the establishment of a Water and Sanitation Authority for cities in Baluchistan. It

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makes provisions for the development of water supply, sewerage and sanitation in large cities within an integrated master plan by coordinating, planning, design, construction, operation and maintenance of water supply, sewerage and sanitation. The functions of the Water and Sanitation Authorities established under this Act are, inter alia, to: (i) initiate and maintain a continuous process of comprehensive development planning of water supply, sewerage and sanitation in the Area; (ii) plan, design, construct, operate and maintain water supply, sewerage and sanitation systems within the service area of these Authorities. The Act further stipulates that Government Agencies and Departments carrying out water supply, sewerage and sanitation works under the authority of statute shall do so in accordance with such regulations as are made by the Authorities established under this Act. These Authorities shall have powers to issue directives to Government Agencies and Departments to ensure compliance with the regulations made by the Authority.

4.1.3.5 Baluchistan Irrigation and Drainage Act, 1997:

The Baluchistan Irrigation & Drainage Act, 1997 provides a complete overhaul of the existing administrative set-up and procedures and replaces it a more responsive, grass-roots, efficient and transparent arrangement to achieve economical and effective operation and maintenance of the irrigation, drainage and flood control system in the province and to ensure equitable and assured distribution of irrigation water. It does so by creating the Baluchistan Irrigation and Drainage Authority (“BIDA”) and by making all the employees of the Provincial Irrigation Department employees of the same. The BIDA is vested with the control of all the surface resources of the province, subject to the Indus Water Treaty and the Water Apportionment Accord, 1991. It provides for grass-roots management by establishing Area Water Boards (with both appointed and nominated members) and Farmers’ Organizations (with elected members) which provide input to the BIDA on how to manage and regulate the irrigation and drainage waters of the province. The powers and duties of the BIDA include, inter alia, (i) to exercise all the powers under the Baluchistan Canal and Drainage Ordinance, 1980 and Baluchistan Ground Water Rights Administration Ordinance, 1978; (ii) to formulate and implement policy in the water resources sector with a view to continuously improve and achieve effective, economical and efficient utilization, preservation and improvement of such water resources by the water users of Province on a financially and environmentally sustainable basis; (iii) to plan, design, construct and improve the irrigation, drainage, storage reservoirs and flood control system with a view to ensure optimal utilization of the water resources of the Province on an equitable and efficient basis; and (iv) to undertake anti-erosion operations including conservation of forests and reforestation and with a view to achieve this purpose, to restrict or prohibit, by general or special order, the clearing or breaking up of land in the catchment areas of any rivers, hill torrents and/or other streams.

4.1.3.6 Baluchistan Conservation Strategy:

The Baluchistan Conservation Strategy (“BCS”) aims to design a policy framework that ensures the integration of environment concerns into development planning in the province. The BCS builds on the concepts developed through the SPCS to decentralize consultative innovations that are new to the development process in Baluchistan. In 1999, the BCS continued to focus on developing the strategy through a consultative process that included the writing and review of fifteen (15) background papers and five (5) drafts of the document. In addition, training needs

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and assessments of stakeholders, were conducted and customized courses were arranged.

Analysis:

Baluchistan has its own legal regime pertaining to forest and water. Like the other provinces, Baluchistan operates under the Forest Act, 1927 and an irrigation and drainage law – the Baluchistan Irrigation and Drainage Authority Act, 2007 – common to the other provinces as well. The interface between these two laws is, like in Punjab and Sindh, minimal.

In addition, Baluchistan’s Forest Regulation, 1890 and Forest Regulation (Amendment) Act, 1978 allow Forest Officers to regulate the cutting, transport or sale of timber in the province.

In relation to water, the Baluchistan Groundwater Rights Administration Ordinance, 1978 creates the Provincial Water Board that lays down policies specifically relating to groundwater use. The Baluchistan Water and Sanitation Authority Act, 1989 creates the Baluchistan Water and Sanitation Authority and gives it the responsibility to manage and maintain drinking water for Pakistan’s most water stressed areas. However, these do not concern themselves with the forest sector or watershed management.

Baluchistan has also carried out the Baluchistan Conservation Strategy which, with its consultative workshops and training, would have had some impact on the awareness-levels within the local and provincial level administrations. An important area of linkages between forestry and water sector in Balochistan appears to be the watershed management and soil conservation where forestry operations are of direct relevance for water resource augmentation.

4.1.4 Khyber Pukhtoonkhwa:

Review:

4.1.4.1 Hazara Forest Act, 1936:

The Hazara Forest Act, 1936 consolidates and amends the law relating to reserved forests and waste lands in Hazara District. Reserved forests are those demarcated at the time of settlement and the Act vests the ownership of the same with the provincial government and their management with Forest Officers. The Act prohibits certain acts in reserved forests. These acts relate to the destruction of timber and the grazing of animals. It confers onto Forest Officers the powers to remove encroachments in reserved forests. Waste lands are taken to be uncultivated land as shown in revenue records. The Act allows owners of waste land the right to use forest produce but not the right to sell any trees or brushwood that is located on the waste land. The Act also provides for procedures to regulate and control forest produce in transit as well as drift and stranded timber.

4.1.4.2 North West Frontier Province Protection of Trees and Brushwood Act, 1949:

The North West Frontier Province Protection of Trees and Brushwood Act, 1949 protects the trees and brushwood owned by the provincial or local government by making it illegal to cut them down or to damage them (even by fire or by allowing cattle to graze).

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This Act is ineffective has never been implemented properly because no procedure has been laid down to inform the police and the Department for issuing show cause notice due to the lack of awareness and coordination between the department and local communities. Due to the high illiteracy and poverty rate in this area, cutting of trees has never been considered a crime under customary practices and wood has always been used in the people’s customary practices to make weapons. Another reason for non-implementation of this law is that in this province the customary rule of law is more important that statute because of the jirga system. However, due to the local government ordinance 2001 and empowering the District Officers (Environment) and District Coordinating Officers the cutting of forests have been overlooked. No office of District Officer (Forests) exists in any of the local governments.

4.1.4.3 Kohat Mazari Control Act, 1953:

The Kohat Mazari Control Act, 1953 consolidates and amends the law relating to Mazari and Mazari produce in Kohat District. Mazari means dwarf palm, and the Act protects Mazari wherever it grows and gives the provincial government the power notify any area where Mazari grows wild and prohibit therein the cutting or transporting of Mazari or Mazari produce. The management of Mazari forests vests in the Forest Department.

4.1.4.4 North West Frontier Province (Conservation and Exploitation of Certain Forests in Hazara Division) Ordinance, 1980:

The North West Frontier Province (Conservation and Exploitation of Certain Forests in Hazara Division) Ordinance, 1980 provides for the conservation, better exploitation and prohibition of unlawful cutting of forests in certain areas of Hazara Division. For the purposes of conservation and better exploitation of forests, the Ordinance prohibits extraction of timber and other forest produce in specified areas and makes all timber or forest produce extracted from the Hazara Division liable to duty at rates notified under the Hazara Forest Act, 1936.

The government has not made the entire rules as prescribed under the Ordinance for specified areas and the executing agency was unable to implement this Ordinance due to the lack of coordination between different departments, such as forests and agriculture. Moreover, this Ordinance was misused by heavy construction of houses, which demanded wood and timber for the construction process. While researching under this law, no case law was found, which is an indication of the non-application of this Ordinance.

4.1.4.5 North West Frontier Province Forest Development Corporation Ordinance, 1980:

The North West Frontier Province Forest Development Corporation Ordinance, 1980 creates the Khyber Pukhtoonkhwa Forest Development Corporation with the responsibility of, inter alia, exploiting the economic and scientific potential of forests, managing the sale of forest produce, establishing wood-processing units. The Khyber Pukhtoonkhwa Forest Development Corporation has never prepared any policy for the economic exploitation of forests and for growing of forests and for declaring wildlife parks for their protection.

North West Frontier Province Forest Development Corporation Ordinance 1980 was purportedly designed to redefine forest exploitation practices, especially in high hills coniferous forests on scientific and economically viable lines. However, the actual working of Forest Development Corporation left much to be desired as maximum reliance was placed on maximizing revenues from forest exploitation;

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little realizing or catering for the detrimental impact and effects of indiscriminate cutting on sustainability of forests or the watershed features of the areas of operation. Forest Development Corporation went for over-exploitation on the flimsy policy of “Intensive Forest Management” which was a departure form the historical utilization patterns (typically conservative) employed in coniferous forests of Hazara and Malakand. There was a major mismatch between exploitation and subsequent regeneration as huge felled areas were never appropriately restocked through natural or artificial regeneration. On a belated stage, Forest Development Corporation made some efforts to train its professionals (essentially mechanical or civil engineers) in forestry disciplines but that had a minuscule impact on the corporation’s pervasive culture. In hindsight, Forest Development Corporation fell far short of its avowed objectives of undertaking forest exploitation in accordance with dual principles of economic or silvicultural sustainability.

4.1.4.6 North West Frontier Province Laws (Amendment) Ordinance, 1980:

The North West Frontier Province Laws (Amendment) Ordinance, 1990 was enacted to amend the Hazara Forest Act, l936 and the North-West Frontier Province Tenancy Act, 1950. Every tenant in Kaghan Valley, by this amendment Ordinance, is now able to pay rent to his landlord by division of the produce. The Amendment Ordinance confers upon the Collector the power, inter alia, to prohibit the breaking up of wasteland for cultivation and to manage crests and slopes for the improvement of forest produce. In exercising these powers, the Collector may pass orders, inter alia, for the better protection of catchment basins of streams, torrents and the banks of river beds etc.

4.1.4.7 North West Frontier Province Sale and Sawing of Timber Act, 1996:

The North West Frontier Province Sale and Sawing of Timber Act, 1996 control of timber and establishment of sale deposits and sawing units for timber in the Khyber Pukhtoonkhwa. The Act confers onto the Divisional Forest Officer the power to grant licenses to run and operate timber sale depots or sawing units and requires the owners of such sale depots and sawing units to keep records of the work they undertake. A violation of this Act is deemed to be a violation of the Forest Act, 1927 and attracts the same penalties.

4.1.4.8 North West Frontier Province Irrigation and Drainage Authority, 1997:

The North West Frontier Province Irrigation and Drainage Authority Act, 1997 aims to implement the strategy of the Government of the Khyber Pukhtoonkhwa (i) for streamlining the irrigation and drainage system in the province, (ii) to replace the administrative set up and to make arrangement procedures more responsive and efficient and (iii) to achieve economical effective and to make sustainable the operation of the irrigation, drainage and flood control system. The Act establishes the Khyber Pukhtoonkhwa Irrigation and Drainage Authority to be chaired by the Minister of Irrigation and Power. Subject to the Indus Water Treaty, 1960 and the Water Apportionment Accord, 1990, the Act confers onto the Khyber Pukhtoonkhwa IDA authority over all rivers, canals, drains, streams, hills, torrents, springs, reservoirs and underground water resources in the Khyber Pukhtoonkhwa. The Act does so by setting up area water boards (comprising of ex-officio and nominated members) and farmer’s organizations (consisting of elected members) in an attempt to decentralize the management and control of irrigation flows. Also, all the employees of the Khyber Pukhtoonkhwa Irrigation Department are deemed to the employees of Khyber Pukhtoonkhwa IDA.

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4.1.4.9 North West Frontier Province Forest Ordinance, 2002:

The North West Frontier Province Forest Ordinance, 2002 consolidates the law relating to forests in the Khyber Pukhtoonkhwa. The Ordinance repeals the earlier legislation on forests (summarized above). Laws not specifically repealed by the Ordinance remain in force to the extent that they are consistent with its provisions. In case of inconsistency, the provision of the new law prevails.

While retaining the salient features of the Forest Act, 1927 and North West Frontier Province Hazara Forest Act, 1936 relating to reserved forests, protected forests and guzara (wasteland) forests, the Ordinance contains important new provisions relating to social forestry. Government owned or managed forests are to be managed in accordance with forest management plans prepared with the involvement of local communities and other interested parties. The Government is to "facilitate" participation of village communities and interested parties in the sustainable development of forests and wastelands, and "will make efforts" to encourage women to participate in the management process. Commercial harvesting of timber will be permitted only in accordance with the approved management plans or regeneration schemes which ensure participation of communities, including women, "as far as possible or practicable", and which alleviate the hardship of particular segments of society, such as women and nomads.

The Ordinance allows Forest Officers to (i) enter into agreements for the joint management of forests and wastelands with community organizations; and (ii) assign rights of management over any protected forest, guzara (wasteland) forest or protected wasteland to any village forest community, village organization or Joint Forest Management Committee (“JFMC”). The Ordinance also permits the Forest Department to lease out forests or wastelands for specified purposes, including social forestry.

The North West Frontier Province Forest Ordinance classifies four (4) types of forests on the basis of management as well as the nature of proprietary rights in those forests, namely: (i) reserved forests; (ii) village forests; (iii) protected forests; and (iv) guzara (wasteland) forests.

The Provincial Government may declare any forest or wasteland to be a reserved forest and appoint a board to manage and preserve the reserved forest. A reserved forest under the Ordinance is either the property of the Government or over which the Government has propriety rights. The Government may assign a reserved forest or rights over a reserved forest to a village community and such forests are known as village forests. The Government may make rules to provide for the management of village forest and lay down conditions on the basis of which the assignment of the reserved forest will be made to the village communities, but no such rules have so far been made. The Government may also declare forests as protected forests, with management vested in the Forest Department. Guzara (wasteland) forests, meanwhile, are wastelands that are managed by the Forest Department for the purpose of meeting the requirements of the landowners and proprietary rights holders. The North West Frontier Province Forest Ordinance contains provisions to regulate the sale and sawing of timber, and its transport. The Ordinance contains penalties to deal with offences related to cutting, felling, uprooting trees, encroachment and construction within a forest. The Ordinance also makes it is a crime to pollute the soil or dump sewage, domestic waste and industrial waste in a forest. The Ordinance permits for the framing of Rules.

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The Ordinance defines the phrase "sustainable development" to mean development that meets the needs of the present generation without compromising the ability of future generations to meet their needs. However, the Ordinance is not clear about the specific steps to be taken in order to materialize this principle in the context of forest management.

Notion of Joint Forest Management formed a cardinal component of Khyber Pakhtunkhwa Forest Amendment 2002 which was designed to address the historical trust deficit amongst state forests and communities living nearby. Although a laudable effort, it could never realize its avowed objectives for a number of reasons. Firstly, the foresters never really owned or championed the notion and invariably saw it as a nuisance or encroachment upon their legitimate authority. Secondly, community organization processes which were to lead this transformation process usually become hostage to elite capture and not invariably vested interests started using this notion for their ulterior objectives. On the technical side, the in vogue technical management plans and implementation practices within state forests could never really be readjusted to suit the notions of joint forest management. Last but not the least, the notion of “joint forest management” accelerated the process of forest damage and degradation with neither the forest department nor the local communities fully accepting the responsibilities for forest protection. It was for a host of these and other reasons that the whole notion of joint forest management could never really take off and the desired benefits remained elusive even after years of implementation.

Below is a summary of the rules framed under the Ordinance:

4.1.4.9.1 North West Frontier Province Duty on Forest Produce Rules, 2004:

The North West Frontier Province Duty on Forest Produce Rules, 2004 levy a duty in respect of all timber, firewood and other forest produce as listed in the North West Frontier Province Forest Ordinance, 2002 or as notified. It allows for the regulation and movement – by means of the grant of transport passes – of timber and timber produce.

4.1.4.9.2 North West Frontier Province Forest Officers (Powers, Duties and Rewards) Rules, 2004:

The Forest Officers Rules and the Schedule appended to the same define and describe the duties to be exercised and performed by the Forest Officers in respect of the matter specified therein. The Rules also provide the payment of a reward to any person who contributed to the detection of a case.

4.1.4.9.3 North West Frontier Province Forest Transport Rules, 2004:

The North West Frontier Province Forest Transport Rules, 2004 provide for the transport of all timber, firewood or other forest produce sold or obtained from reserved forests, protected forests, Guzara forests, waste lands and other places to which the Rules are applicable.

4.1.4.9.4 North West Frontier Province Forestry Commission and Round Table Rules, 2004:

The North West Frontier Province Forestry Commission and Round Table Rules, 2004 provide for the establishment and composition of the Forestry Round Table. This Forestry Round Table comprises of, inter alia, (i) Secretary Environment Department; (ii) Chief

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Conservator of Forests; (iii) all Conservators of Forest in the Forestry Department; and (iv) Directors.

4.1.4.9.5 North West Frontier Province Guzara Forest Rules, 2004:

The Guzara Forest Rules, 2004 vest the management and administration of Guzara Forests to the Conservator of Forests in accordance with approved forest management plans. The Rules are flexible and, while prohibiting the sale of dry wood or brushwood, allow for its consumption under license and in accordance with the approved forest management plan.

4.1.4.9.6 North West Frontier Province Joint Forest Management (Community Participation) Rules, 2004:

The North West Frontier Province Joint Forest Management (Community Participation) Rules, 2004 attempt to provide for the decentralization of decision making power envisioned in the KHYBER PAKHTUNKHWA Forest Ordinance, 2002. The Rules allow the inhabitants of a village to manage land resources falling in its jurisdiction after organizing themselves in a Village Development Committee or a Women’s Organization. The Village Development Committee must prepare a Village Plan through the process of Village Land Use Planning with the technical assistance of Forestry Department or some other technical experts(s).

Under the Rules, the District Forest Officer may, upon the request of the inhabitants/beneficiaries or Village Development Committee of the village, transfer the management of reserve forests, protected forests, Guzara forests, wastelands or other areas into a Joint Forest Management Committee, which acts as a subsidiary to the Village Development Committee. This Joint Forest Management Committee is required to prepare a Joint Forest Management Plan, which will become part of the Village Plan with the technical assistance of the Forest Department. The Rules provide for the establishment, structure and financial aspects of these committees.

4.1.4.9.7 North West Frontier Province Mazari Control Rules, 2004:

The North West Frontier Province Mazari Control Rules, 2004 regulate the cutting of Mazari forests between certain times of the year as well as regulate the transport of Mazari produce.

4.1.4.9.8 North West Frontier Province Sale and Sawing and Processing of Timber Rules, 2004:

The North West Frontier Province Sale and Sawing and Processing of Timber Rules, 2004 sets out the procedure by which timber sale depots, sawing units or wood processing units must inform the office of the Registration Officer of the source and origin of its timber.

4.1.4.10 Sarhad Provincial Conservation Strategy:

Launched in 1991, the Sarhad Provincial Conservation Strategy is a test of the Pakistan National Conservation Strategy. The goal of Strategy is to secure the economic, social and ecological well-being of the people of Khyber Pukhtoonkhwa through the conservation and sustainable development of the natural resources in the province. The specific objectives of the strategy included, inter alia, to

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raise awareness about the environment, enhance administrative capacity to deal with environmental concerns, the conservation, rehabilitation and sustainable development of natural resources such as forests, soil and wildlife and the protection of the living environment from air, water and soil pollution.

The first phase (1992-1995) of the Strategy was to formulate strategy, the second (1995-1998) was to operationalize the Strategy through institution and capacity building. The final phase of the strategy (2001-2004) aimed to build further institutional capacity to foster the implementation of the SPCS, to mainstream environmental and sustainable development and to increase the ownership of the Strategy.

Analysis:

Khyber Pukhtoonkhwa has a different approach to the forest sector than the other provinces. This is due to the large forest cover in the province and the fact that many people there employ biomass as a source of energy. The timber trade is also located primarily in the Khyber Pukhtoonkhwa and so there are different laws regulating them.

The Hazara Forest Act, 1936, the North West Frontier Province (Conservation and Exploitation of Certain Forests in Hazara Division) Ordinance, 1980 and the Kohat Mazari Control Act, 1953 regulate the forests and cutting of trees and sale and transport of timber in those Hazara and Kohat District respectively. The North West Frontier Province Protection of Trees and Brushwood Act, 1949 makes it illegal to cut down trees or brushwood (even for the purposes of grazing) unless with permission. On the other hand, the North West Frontier Province Forest Development Corporation Ordinance, 1980 creates the Khyber Pukhtoonkhwa Forest Development Corporation which is responsible for exploiting the economic potential of forests. However, this law has no relation to the water sector.

Khyber Pukhtoonkhwa has also executed the Sarhad Provincial Conservation Strategy, which was a long-term awareness and capacity raising exercise culminating in the operationalization of the strategy as envisaged in the early 1990s. The execution of the Sarhad Provincial Conservation Strategy may be the reason for the major difference in the Khyber Pukhtoonkhwa’s approach to the forest sector (and the environment in general) as compared to other provinces.

In addition to this the North West Frontier Province Forest Ordinance, 2002, which is Khyber Pukhtoonkhwa specific legislation and does away with the Colonial Forest Act, 1927 is as revolutionary a law as the irrigation and drainage laws in the other provinces were departures from pre-existing irrigation legislation. The North West Frontier Province Forest Ordinance, 2002 also envisages a decentralization of decision making to Joint Forest Management Plans conceived with the input from local community organizations. The Government of Khyber Pukhtoonkhwa has moved on this legislation and has already put into place several rules to carry out the purposes of the law.

Forest management and watershed management are essential features of the North West Frontier Province Forest Ordinance, 2002. Moreover, this relatively inter-sectoral approach to forest and water management is also due to the fact that, unlike other provinces, the environment, forest and water concerns are not left to separate government departments. Under the Khyber Pukhtoonkhwa Rules of Business, it is the Environment Department that singularly deals with, inter alia, forest, watershed, wildlife and fisheries sectors.

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4.1.5 Federally and Provincially Administered Tribal Areas (PATA/FATA):

Review: When Pakistan gained independence from the British rule in 1947, the Forest Act, 1927 was in force across most of the country, except for northern Baluchistan (to which the BFR was applicable). The Forest Act, 1927 was subsequently extended to the PATA of Chitral, Dir, Kalam, Malakand and Swat in 1974. However, at the time, there was no single legal instrument that extended the Forest Act, 1927 to all of the Gilgit Baltistan. By 1991, a series of notifications had extended the Forest Act, 1927 to all of the Gilgit Baltistan. The Forest Act does not, however, apply to FATA. 4.1.5.1 The Provincial Administered Tribal Areas (Conservation and Exploitation

of Certain Forests) Regulation, 1980:

The PATA (Conservation and Exploitation of Certain Forests) Regulation, 1980 states that for the purposes of conservation and better exploitation of forests there shall be no extraction of timber and other forest produce in the specified areas, except by Government or by a corporation or an agency set up or authorized by Government in this behalf. The Regulation declared void all contracts related to timber extraction in force at the time and stipulated that all timber and other forest produce produced in and extracted from the forests in the specified areas and brought into, or transported from, through or to, any place within Hazara Division will, whether extracted before or after commencement of the Regulation, be liable to duty at the rate specified in the Schedule or at such other rate as Government may notify in the Official Gazette.

4.1.5.2 Environmental Protection (Adaptation and Enforcement) Provincially Administered Tribal Areas of the North-West Frontier Province Order, 2001:

In 2001 a Notification was issued which stated that the Pakistan Environmental Protection Act (PEPA) (elaborated in Chapter 4.2.1.11), 1997 as in force in Khyber Pukhtoonkhwa will also apply to the PATA of Khyber Pukhtoonkhwa immediately.

Analysis:

The PATA/FATA operates under the self-explanatory PATA (Conservation and Exploitation of Certain Forests) Regulation, 1980 and the PEPA, which is deemed to have effect in these regions. These laws do not specifically address the conservation of forests or forest management. The former regulates the cutting, trade and transport of timber and the later is an overall environmental law that penalizes any action which has “adverse environmental effect”. However, no environment protection (under the applicable provisions of PEPA) order has ever been passed in the FATA/PATA.

4.1.6 Gilgit Baltistan:

Review:

4.1.6.1 Canal and Drainage Act, 1873 application 1991:

In the Gilgit Baltistan, the Canal and Drainage Act, 1873 was made applicable in 1991. The Act confers powers to Canal Engineers to regulate the supply of water for irrigation purposes. Applications for the use of water must be approved by

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the Canal Authorities and the Act provides for the supply of water, the construction and maintenance of irrigation works, the calculation of water rates and recovery charges, navigation and drainage.

4.1.6.2 Gilgit Baltistan Forest Act, 1927:

Various notifications issued over a period spanning several decades have extended the Forest Act, 1927 to different parts of the Gilgit Baltistan. By 1991, the Forest Act, 1927 had been extended to all of the Gilgit Baltistan. There is no single legal instrument that extends the Forest Act 1927 to all of the Gilgit Baltistan. A summary of the Forest Act, 1927 is provided supra.

4.1.6.3 Gilgit Private Forest Regulations, 1970:

The Gilgit Private Forest Regulation, 1970 provides for the management of private forests in Chilas subdivision, including Darel and Tangir in Gilgit Agency. Private forests are defined as forests owned by an individual or individuals and notified as such. Forest Officers are empowered to manage forests in accordance with approved working plans. It is worth noting that private forests are to be managed in agreement with the owners. Offences under the Gilgit Regulation include setting fires, clearing land for cultivation and interfering with the management of private forests, and are punishable with a maximum six months' imprisonment and/or a fine of Rs. 500 (Rupees five hundred), in addition to the payment of compensation for damage caused. The Gilgit Regulation also introduces a system of collective punishment, imposing a fine on villagers or tribe members suspected of committing an offence. .

4.1.6.4 Gilgit Baltistan Cattle Trespass Act 1976:

Traditionally, the problem of cattle trespass was controlled through the “zaitu”, who was empowered to impound livestock found damaging crops or water channels. Following the abolition of the “rajgiri system”, customary traditions of the area were sought to be replaced by law. To this end, the Cattle Trespass Act 1871 was extended to the Gilgit Baltistan in 1976. The Act aims to control damage caused to land and facilities in both urban and rural environments. The Act consolidates and amends the law relating to cattle trespass, providing protection against damage to private and public property, including privately cultivated land, plantations, drainage works, public roads and pleasure grounds. In rural areas, natural vegetation and cultivated land are protected from being damaged by grazing.

4.1.6.5 Gilgit Baltistan Forest Rules, 1983:

Section 32 of the Forest Act, 1927 allows a Provincial Government the power to make rules governing protected forests. In the case of the Gilgit Baltistan, these powers are exercised by the Chief Executive, Deputy Chief Executive and Chief Secretary. The Gilgit Baltistan Forest Rules, 1983 apply to protected forests in Astore, Baltistan (Skardu and Ghanche) and Gilgit, regulating matters such as cutting trees, removing timber and forest produce, and clearing for cultivation. The fact that a regulatory mechanism has been introduced to manage the clearing of forests for the purpose of cultivation implies that such activities are not prohibited in the areas covered by these Rules. The Gilgit Baltistan Forest Rules, 1983 deal with a number of other aspects of protected forest management, including forest offences and the issuing of licenses. Camels, sheep and goats are not permitted to graze in protected forests. Under Rule 10(1), those holding traditional or customary rights to pass through the forest or access

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water are assured that their rights will be honored. Rule 10(2) makes use of forest resources conditional upon the capacity of the forest itself.

4.1.6.6 Gilgit Baltistan Penal Code, 1991:

The Gilgit Baltistan Penal Code Order, 1991 stipulates that the Pakistan Penal Code, 1860 as in Force in Pakistan at the time of the commencement of the Order, and all amendments to be made after such commencement, shall apply and be in orce in the Gilgit Baltistan. In this way, penal provisions as to nuisance and enforcement of criminal tort cases can proceed in the same manner as they would elsewhere in Pakistan.

4.1.6.7 Environment Protection (Adaptation and Enforcement) Order, 2002:

In 2002 the Environment Protection (Adaptation and Enforcement) Order, 2002 was issued which stated that the Pakistan Environmental Protection Act, 1997 will also apply to the Gilgit Baltistan immediately. A brief overview of the Pakistan Environmental Protection Act, 1997 is provided supra.

Analysis:

In the Gilgit Baltistan, over and above the applicability of the Forest Act, 1927 and the extension of the PEPA to the Gilgit Baltistan, there are specific laws reliant to the forests in Gilgit, for example. But these pertain largely to the cutting, sale of and transport of timber rather than forest management.

The irrigation in the Gilgit Baltistan is regulated by the application of the Canal and Drainage Act, 1873 (elaborated in Chapter 4.2.1.2 supra) and the regulatory framework envisaged therein.

Azad Jammu and Kashmir:

Review:

4.1.6.8 The Jammu and Kashmir Forest Regulations, 1930:

The Jammu and Kashmir Regulations, 1930 was brought about to amend and consolidate the law relating to forests and the transit of forest produce. It gives the Government the power to demarcate forests, by allowing it to make rules with which any forest land or waste land over which the Government has proprietary right. The Regulations vest the management of the forests, whether demarcated or not, in the Forest Department, except where they have been placed under the control of any other Department or local authority. The J&K Forest Regulations also regulates the exercise of concessions in demarcated and un-demarcated forests. It lists down all the offences with respect to forests including, inter alia, poisoning water. The control of all rivers and their banks as regards the floating of timber as well as the control of all timber and other forest produce in transit by land or water is vested in the Government, who can make rules to regulate such transit.

4.1.6.9 The Jammu and Kashmir Forest (Sale of Timber) Regulation No. 3 of 1930:

The Jammu and Kashmir Forest (Sale of Timber) Regulation No. 3 of 1930 helps control the sale of timber in the Jammu and Kashmir State. It enables the Government to make rules to regulate the sale of timber and the establishment of sale depots for such timber.

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4.1.6.10 The Azad Kashmir Logging and Saw Mill Corporation Ordinance, 1968:

The Azad Kashmir Logging and Saw Mill Corporation Ordinance, 1968 provides for the establishment of a Corporation to implement the Logging and Saw-Mill Complex Scheme in the Azad and Jammu Kashmir. In view of the fact, that forested hills and valleys of AJK represent critical watershed areas for Pakistan, some of the management practices (related to forest exploitation and harvesting) appear to have a detrimental impact on water regime in these areas. Unfortunately, the legislative framework of Forest Development Corporation is at best silent about the negative fallout of some of the unsustainable forest exploitation activities which have been resorted to in the past in AJK. The exploitation systems under implementation for forest harvesting through Azad Kashmir Logging And Sawmill Corporation are least informed by well known principles of sound watershed management. As a result, during any incidences of heavy rains of floods, large quantity of freshly felled timber from AJK forests drift down to larger dams, damaging the bridges on its way.

4.1.6.11 The Azad Jammu and Kashmir Plantation and Maintenance of Trees Act, 1977:

The Azad Jammu and Kashmir Plantation and Maintenance of Trees Act, 1977 provides for the plantation and maintenance of three trees per acre by an occupier in Azad Jammu and Kashmir.

4.1.6.12 AJK Protection of Forests and Distribution of Timber Act, 1985 (the “AJK PFDT Act”):

The Azad Jammu and Kashmir Protection of Forests and Distribution of Timber Act, 1985 is the law relating to forests protection and distribution of timber through local bodies. It provides for the establishment, composition, jurisdiction, powers and functioning of a Forest Committee for the trial and final disposal of the forest cases under the Act. It also gives enforcement incentive by granting to the Forest Department, as revenue for the development of forests, half of the compensation recovered under the Act.

Analysis:

The forest laws operating in AJ&K all pertain to the management and regulation of the cutting, sale and transport of timber as well as sawing mills.

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4.2 Review and Analysis of Inter-Sectoral Linkages at the National Level: Policy, Planning And Implementation

4.2.1 Legislation:

Review:

4.2.1.1 Pakistan Penal Code, 1864:

The Pakistan Penal Code, 1864 (the “PPC”) is the criminal code of Pakistan. It sets out penalties for a wide variety of criminal behavior. In relation to water, Of Mischief, a Part of the Chapter on Offences against Property, the PPC stipulates that mischief by injury to works of irrigation, a river or by diverting water is an offence. Most of the crimes set out in the PPC relate to criminal acts committed by one person against another. The PPC, however, has some provisions regarding offices against public servants, and as such attempting to prevent a Canal or Forest Officer from doing his duty is an offence punishable under the PPC.

4.2.1.2 Canal and Drainage Act, 1873:

The Canal and Drainage Act, 1873 is the major legislation regarding the control and regulation of canal irrigation water. The Act aims to control for public purpose the water of all rivers and streams flowing in natural channels and to administer navigation and drainage. Canal Officers are given powers under the Act relating to the application by people for the use of water for public purposes and sets out rates for the use of water. The Act also confers Canal Officers with considerable powers to undertake construction and maintenance work, including the power to prescribe labor for any given works being undertaken. The Act sets out penalties for breach of its conditions and lays out penalties for them.

4.2.1.3 Easements Act, 1882:

An easement, broadly, is a right enjoyed by the owner of land over the land belonging to another. The Easements Act, 1882 consolidates the law relating to easements and defines and sets out the limits within which easements may be created, exercised, transferred and extinguished. In the context of forests, easements are important proprietary rights because, for example, a right of way through forests may be an easement right may belong to indigenous people living in the forest and which may need to be compensated for in the event forest management plans impinge on such a right. In relation to water, the Easements Act, 1873 will determines the rights of upper and lower riparian and, as such, is very important determining what the rights of water users in surface and groundwater.

4.2.1.4 Land Improvement Loans Act, 1883:

The Land Improvement Loans Act, 1883 was passed to consolidate the laws relating to the grant of loans by government for the purposes of agricultural improvement. The Act defines improvement, inter alia, as the construction of wells or works for the storage of water, preparing land for irrigation, drainage, and reclamation of land.

4.2.1.5 Forest Act, 1927:

The Forest Act, 1927, is the main provincial legislation regarding the forest sector (with the exception of the Khyber Pukhtoonkhwa, which has enacted the KHYBER

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PAKHTUNKHWA Forest Ordinance, 2002 and taken strides towards modernization of the sector). The salient features of the Act, which give an overview of the basic legislation in place in three provinces, also give insight over what the main features of forest law in Pakistan are.

The Forest Act is designed to protect forest areas and regulate forest produce. The Act provides for three classes of forests: the reserve forests, the protected forest, and the village forest. The Forest Act empowers provincial governments to manage forest areas. Under the Act, provincial government can "reserve" state-owned forest land, assume control of privately owned forest land, and declare any government-owned forest land a protected area. It prohibits the clearing of forest for cultivation, grazing, hunting; removing forest produce; quarrying and felling, lopping and topping of tree, branches in reserved or protected areas. The exercise and enforcement of these powers and prohibitions is under the control of the Chief Conservator of Forests.

Reserved forests are established by the provincial governments on government-owned lands, through notification in the Official Gazette after following the due process of law. Fresh clearings, setting fires, trespassing and pasturing of livestock, tree felling; cultivation and mining are prohibited in the reserved forests.

In addition, the Government may assign to any village community all the rights in a reserved forest by making rules for regulating the management of the forest. Such forests are known as “village forests.” All other forest-lands and waste-lands which are not included in reserved forest are protected forests. The Government may declare trees or classes of trees reserve, close areas of any part of a forest, prohibit removal of forest products, mining or clearing.

In addition to the three types of forests, forests can only be classified as broadly “privately owned” and “unclassified.” Privately owned forests are forests or waste-land not owned by the Government but are nevertheless regulated under the Forest Act. Regulation may include restriction on clearing, pasturing, or setting fires in order to protect against erosion from floods, landslides, protection of soils, maintaining watersheds, or preserving public health.

Un-classed forests are government-owned lands which have been handed over to the Forest Department for the establishment of reserved forest, but in which the legal process before their status as reserved forests can be notified has not yet been completed.

Although it was enacted more than 75 years ago, the Forest Act remains the basic charter for forest management across most of Pakistan. The framework provided by the Forest Act continues to guide the forest bureaucracy to this day.

Amongst the several glaring omissions in Forest Act 1927, complete absence of a linkage between forest management practices and sound watershed management is the most obvious. The conceptual framework of Forest Act 1927 is almost entirely predicated upon a regime of abundant forestry resource, little bothering to highlight linkages with other sectors. Similarly, the existing protection and punitive regime of Forest Act 1927 also acts as a perverse incentive for forest damage as fines and compensations are ridiculously low compared to high value of timber in these days. Lastly, the original provisions of Forest Act 1927 also fail to provide a viable mechanism for public private partnership for protecting and augmenting forestry resources-something extremely vital in view of increasing paucity of replenishment resources with state agencies. (In case f Punjab,

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majority of these lacuna in Forest Act 1927 have been appropriately addressed through a comprehensive amendment package which has already been cleared by provincial cabinet and which is awaiting approval by provincial legislature.

4.2.1.6 Factories Act, 1934:

The Factories Act, 1934 consolidates the law relating to factories which, for the purposes of the Act, have been defined as any place where ten or more workers work and have worked for the preceding 12 months. The Act specifies the appointment of Inspectors of factories and then sets conditions on health and safety in factories. These conditions are wide ranging and include provisions regarding cleanliness and disposal of waste and effluents. Similarly, the Act requires factories to provide drinking water to its workers and sets standards for latrines, urinals and, believe it or not, spittoons. The Act also sets out conditions of employment, places restrictions of child workers and overall work timings and sets out penalties for violation of its terms.

4.2.1.7 West Pakistan Goats (Restriction) Ordinance, 1959:

The purpose of the West Pakistan Goats (Restriction) Ordinance, 1959 was to restrict the number of goats in West Pakistan. It did so by providing restrictions on where and when goats could graze and by regulating the slaughter of goats.

4.2.1.8 West Pakistan Goats (Restriction) Rules, 1961:

The West Pakistan Goats (Restriction) Rules, 1961 carry out the provisions of the West Pakistan Goats (Restriction) Ordinance, 1959 by authorizing the Deputy Collector to accept or deny applications for keeping and breeding within any prescribed “Local Area”)

4.2.1.9 West Pakistan Firewood and Charcoal (Restriction) Act, 1964:

The West Pakistan Firewood and Charcoal (Restriction) Act, 1964 seeks to prohibit and regulate the burning of firewood and charcoal in factories and brick-kilns within notified areas. Accordingly, the Act places restrictions on the burning of firewood or charcoal in any place so specified by the Government.

4.2.1.10 Cutting of Trees (Prohibition) Act, 1975:

The Cutting of Trees (Prohibition) Act, 1975 seeks to prohibit the cutting of trees or causing damage to the standing and growing trees within five miles of the external frontiers of Pakistan. It does this by making it an offence to cut or damage a tree within five miles of any of Pakistan’s external borders without an approval from the local Formation Commander or officer authorized by him.

4.2.1.11 Pakistan Environmental Protection Act, 1997:

The Pakistan Environmental Protection Act, 1997 is the overarching environmental law in the country. It is establishes the Pakistan Environmental Protection Council, headed by the Prime Minister, the Chief Ministers and Ministers and Secretaries of the Environment Ministry and Departments and tasks it with, inter alia, setting National Environmental Quality Standards (“NEQS”). It sets up Federal and Provincial Environment Protection Agencies (“EPAs”) to enforce NEQS and prevent any adverse environment effect by issuing environment protection orders. The Act defines the environment and sustainable development in a wide and encompassing manner. Under Section 31, Pakistan’s international obligations on the environment can be made legally enforceable by publication as Rules. This report covers only those international obligations (supra) that relate to the water or forest sectors.

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The Act has not been as successful as intended, primarily because of the lack of meetings of the Pakistan Environment Protection Council (and consequent non-framing of important NEQs) and partly because of lack of awareness. The superior judiciary is very active in enforcing the provisions of the Act and its activism has increased the awareness the public has of environmental concerns.

4.2.1.12 Pakistan Council of Research in Water Resources Act, 2007:

The Pakistan Council of Research in Water Resources Act, 2007 establishes the PCRWR. The PCRWR is an apex autonomous body established with the objective to conduct, organize, coordinate and promote research in all aspects of water resources. It has meant to promote applied as well as basic research in various disciplines of water sector, more specifically, irrigation, drainage, surface and groundwater management, groundwater recharge, watershed management, desertification control, rainwater harvesting, , water quality assessment and monitoring, and development of innovative water resource management, conservation and quality improvement technologies. The PCRWR existed, in various guises, before 2007 under the control of the Ministry of Science and Technology as early as 1970. The PCRWR website indicates that the Council carried out mapping and capacity building exercises between 2001 and 2008 but that there has no program or activity undertaken as of 2008.

4.2.1.13 Provincial Wildlife Acts:

All provinces have separate legal framework for managing wildlife (including terrestrial and water/aquatic fauna). Historically, management of wildlife was subsumed in forest management as foresters managed wildlife falling within state forests etc. However, towards seventies and eighties, all provinces started to have separate and dedicated wildlife departments with clearly laid down operational protocols. However, issues of duplications or contradictions continue even today. Very often, areas are declared as ‘Protectorate” under relevant provisions of Wildlife Acts, little realizing that these areas are already of the category of reserved or protected forests. These anomalies complicate and distort the operation of wild life act provisions, thus leading to wastage of energies and efforts. Similarly, many of the wildlife establishments (zoos, aviaries etc) are established within reserved or protected forests leading to duality of operational management. Last but not the least, several important wetlands in the provinces are directly affected by changes in flow of water which is essentially controlled by irrigation departments. Although, in majority of cases forests, wildlife and fisheries have been placed under one administrative department at the provincial levels, problems of coordination (within the departments as well As across departments) continue unabated. Most of these issues are of the nature that cannot be fully addressed through the provisions of wild life acts in the provinces.

4.2.1.14 Experience of PIDA in some of the Provinces:

PIDA represents a comprehensive institutional reforms process initiated in Punjab during 1997 for involving local communities in management of irrigation system through formation of farmer organizations. Implementation of this initiative for over ten days has produced mixed results with some achievements alongside a range of constraints. The experience of involving local communities in managing various aspects of irrigation has provided dividends in the shape of improved dispute resolution at the local levels regarding irrigation-related disputes. Similarly, there is abundant evidence to suggest that involvement of local communities through farmer organizations has led to a more equitable resource distribution at least amongst medium land-holding communities. Lastly, the local

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communities have also benefited on account of improved capacities for social organization and joint action. On the negative side, PIDA experience has evidenced elite capture in the membership of farmer organizations besides distortions in water sharing in areas with asymmetrical land holdings. Instances have also been reported where issues of unsatisfactory book-keeping and financial irregularities have been reported. Another area of concern appears to be a steep drop in abiana collection. On the whole, the experience of PIDA indicates that involving local communities in natural resource management does not automatically lead to improvements as initial bottlenecks and discrepancies may be encountered with. However, a sustained ownership by state as well as local communities may lead to incremental advantages which tend to be sustainable and productive in the long run.

4.2.1.15 Implications of Mining Policies and Rules for Forestry operations:

In parts of Punjab and Khyber Pakhtoonkhwa, issue of mining leases and its consequent negative impact on forest resources has emerged as a serious issue. Mining rules provide for leasing rights which are granted by minerals development department on state lands. Of late, many instances have been reported where mining department grants leasing rights even within areas falling in the jurisdiction of state forests or wild life protectorates. In such cases, mining activities cause damage to flora or fauna besides opening forests for prospective damage by timber mafia. Another problem is based in the fact that any replenishment costs in lieu of mining are credited with mining department and not forest department thereby denying the legitimate compensation to the forestry resources.

Analysis:

An analysis of the legislation at the national level reveals a piecemeal approach to water and forest sectors. This is because the intention behind each legislation was specific and not designed to cater to the linkages between the forest and water sectors. This is why legislation like the Cutting of Trees (Prohibition) Act, 1974, though apparently necessary for the nation’s defense, is not relevant to forests or water resources.

On the other hand, legislation like the Pakistan Penal Code, 1860 Easement Act, 1882, Forest Act, 1927, Factories Act, 1934 and PEPA, when read together, provide an overarching framework of rights and obligations of the state as well as individuals in relation to the environment in general as well as water and forest resources in specific. For example, a combined reading of these laws indicates that polluting water resources, whether by factory effluent or by household waste, is a crime that can be acted upon by a lower riparian or by way of FIR filed by any aggrieved person. Similarly, the use of timber for commercial purposes has adverse environmental affect that can be acted upon by the Federal or Provincial Environment Protection Agencies, by owners of easement rights or even the public at large.

This overarching framework of rights and obligations can be better understood as the basic sensibility our laws have in their approach to water or forests. It is this basic sensibility which, if better honed, can improve laws by making them focused. An amendment in the Easements Act, 1882, for example, can have far reaching affects to lower riparians and the rights they may be able to enforce against upper riparians. If inter-sectoral linkages in the water and forest sectors were ever to be embedded into the legal system, small changes in this overarching framework would be necessary. In terms of linkages amongst legislation on water and forestry sectors at the national level, it will be correct to assume that both are

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undertaken without minimal input form the other sector. From the completion of draft legislation to its vetting by law division and placement before cabinet, there is no formal mechanism to ensure that specialists from the two sectors sit together to thrash the piece of legislation for identifying synergies and removing contradictions. This disconnect at the very level of legislative phase becomes more stark and poignant, once actual and field level implementation of these legislation begins. Even after enactment or approval of any piece of legislation, there is no mechanism of mutual sharing of implementation experience between forestry and water/irrigation sectors, leading to a situation where precious lessons are ignored to the mutual detriment of the two sectors.

4.2.2 Policies and Strategies:

Review:

4.2.2.1 National Conservation Strategy:

The Convention on Biological Diversity signed in Rio in 1991 requires contracting parties to develop national plans, strategies and program for the conservation and sustainable use of biological diversity.

Pakistan’s National Conservation Strategy is designed as a broad-based policy program aimed at the sustainable use of renewable resources, preventive action against pollution and other adverse effects of industrial and urban growth, mandatory environmental impact assessment of new projects, and stringent controls on toxic chemicals and hazardous substances. The NCS has highlighted fourteen (14) areas for policy action: maintaining soils in cropland; increasing irrigation efficiency; protecting watersheds; supporting forestry and plantations; restoring rangelands; protecting water bodies; conserving biodiversity; increasing energy efficiency; developing and deploying renewable resources; preventing and abating pollution; managing urban waste; integrating population and environment programmes; preserving cultural heritage and supporting institutions for common resources.

Within the fourteen (14) program areas, sixty eight (68) specific programs have been identified. For each program, the long-term goals, and expected outputs and physical investments required within the first ten (10) years of implementation have been identified. The NCS proposes a seven-level (7) strategy for implementation. The seven (7) levels are (i) federal and provincial leadership, (ii) departmental responsibility, (iii) district coordination, (iv) community participation, (v) individual action, (vi) corporate tasks, and (vii) government and NGO support. It is expected that, of the sixty eight (68) programs, twenty two (22) will require development of new regulatory instruments.

The NCS identifies a need for concrete action in fourteen (14) core programmes areas; for example, revised forestry legislation and forest policy directives were evolved to meet essential ecological requirements, taking into consideration the socio-economic realities, introduction of new legislation to protect habitats in the non-protected parts of the countryside, protect particular species, and to ensure that the Convention on International Trade in Endangered Species of Wild Flora and Fauna is implemented.

The second National Conservation Strategy will develop a strong Federal Policy for Sustainable Development focused on key development aims including nature conservation. It would set up an enabling framework in which civil society,

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private sector and local communities and all levels of government can work effectively towards sustainability objectives. In effect, second National Conservation Strategy will support the provincial, district and sectoral initiatives aimed at integrating environment and the sustainable development.

4.2.2.2 National Environmental Action Plan:

The National Environment Action Plan was finalised by the Pakistan Environmental Protection Council on 3 February 2001 to focus on certain environmental priorities. The Plan intended to operationalise some of the priority areas identified in the National Conservation Strategy. The Plan’s strategic framework is based on the need for focused programmes, poverty-environment nexus, capacity building, incentives, monitoring and evaluation, flexibility and minimum level of staff/administrative and management capacity. A Support Program under the joint efforts of the Ministry of Environment and UNDP has been organized to achieve environmental sustainability through the implementation of the Plan.

4.2.2.3 Forestry Sector Master Plan:

The Government of Pakistan has prepared the Forestry Sector Master Plan for the development of forestry sector over a period of twenty five (25) years from 1993-2018. The Plan reviewed in detail the state of wood demand, improve environment and promote social and economic well-being of rural communities. It also identified the social, economic and physical causes of forest depletion in the country, and proposed five (5) areas of development programmes, namely soil conservation and watershed management, forest management, wood production and industrial development, ecosystem and biodiversity and provincial and federal institutional strengthening.

4.2.2.4 Draft National Forest Policy of Pakistan, 2010:

The National Forest Policy of Pakistan is designed to highlight the need to conserve and develop the renewable natural resources of Pakistan, such as forests and biodiversity. This Policy seeks to initiate a process for eliminating the fundamental causes of the depletion of renewable natural resource through participation of all the concerned agencies and stakeholders, to enable the sustainable development of the resources in the form of an umbrella policy which guides the provincial and district level policy processes. The goal of the Policy is to foster the sustainable development of forests grazing-lands and biodiversity of Pakistan, for the maintenance and rehabilitation of its environment and the enhancement of the sustainable livelihoods of its rural masses, especially women and children. The main objective of this policy is to reduce negative socio-economic impacts; reduce political interference in forestry and wildlife departments; renovate and re-invigorate the institutions involved in the management of renewable natural resources; support local governments in the sustainable development of their renewable natural resources; institute policies to protect fragile ecosystems and improve and sustainably manage riverine forests and irrigated plantations. Draft National Forest Policy for Pakistan has already been shared with all Provincial Governments and feed back has already been received. The policy is being revisited in the light of the feedback and the final document is expected to be placed before the federal cabinet in the near future.

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4.2.2.5 National Environmental Policy, 2006:

The National Environment Policy 2006 provides an overarching framework for addressing the environmental issues facing Pakistan, particularly pollution of fresh water bodies and coastal waters, air pollution, lack of proper waste management, deforestation, loss of biodiversity, desertification, natural disasters and climate change. It also gives directions for addressing the cross-sectoral issues as well as the underlying causes of environmental degradation and meeting international obligations. The Policy, while recognizing the goals and objectives of the National Conservation Strategy and the National Environment Action Plan and other existing environment related national policies, strategies and action plans, provides broad guidelines to the Federal Government, Provincial Governments, FATA and Local Governments for addressing environmental concerns and ensuring effective management of their environmental resources. The Provincial, Azad Jammu and Kashmir, Gilgit Baltistan and Local Governments, however, may devise their own strategies, plans and programs in pursuit of the Policy. The Policy aims to protect, conserve and restore Pakistan’s environment in order to improve the quality of life of the citizens through sustainable development.

4.2.2.6 National Sanitation Policy, 2006:

Sanitation facilities are available to only a minority of the population of Pakistan. The National Sanitation Policy envisions creation of an open defecation-free environment with safe disposal of liquid and solid waste and the promotion of health and hygiene practices in the country. The Policy aims to provide adequate sanitation coverage for improving the quality of life of the people of Pakistan and to provide physical environment necessary for healthy life. The objectives of the Policy are: (i) to ensure an open defecation free environment; the safe disposal of liquid, solid, municipal, industrial and agricultural waste; and the promotion of health and hygiene practices; (ii) to link and integrate sanitation programs with city and regional planning policies, health, environment, housing and education; (iii) to facilitate access of all citizens to basic level of services in sanitation including the installation of sanitary latrines in each house-hold, in rural and urban areas, schools, bus stations and important public places and also community latrines in densely populated areas; (iv) to promote Community Lead Total Sanitation; (v) to develop guidelines for the evolution of an effective institutional and financial framework; (vi) to enhance capacity building of government agencies and other stake-holder at all levels for better sanitation, particularly avoiding incidents of water borne diseases; (vii) to develop and implement strategies for integrated management of municipal, industrial, hazardous and hospital and clinical wastes of national, provincial and local levels; (viii) to meet international regional obligations effectively in line with the national aspirations; (ix) to change the attitude and behavior on the use of sanitation; and (x) to increase mass awareness on sanitation and community mobilization

4.2.2.7 National Drinking Water Policy:

The National Drinking Water Policy, which has been finalized by the Ministry of Environment of the Government of Pakistan, awaits implementation. The objective of the Policy is to provide safe drinking water for all and to encourage water conservation and identify programmes for the protection of watersheds and groundwater. This policy has been in the pipeline for several years. By way of example, one of the versions of the Policy available on the internet states that performance grants to Union Councils would be made available by 2009. By and

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large, the scope of the policy is to improve the quality of drinking water in urban and rural areas in the hope that this will reduce the incidents of water related disease. Though the Policy mentions watershed management, it does indicate at any place the approach to be taken in the forest sector in relation to water or watershed management.

4.2.2.8 National Operation Policy:

The Clean Development Mechanism initiated under the Kyoto Protocol (supra) as an instrument to contribute to the ultimate objective of the UN Framework Convention on Climate Change (supra) has been put to effect in Pakistan by the establishment of the Clean Development Mechanism Cell set up in the Ministry of Environment. This cell acts as the Designated National Authority for the UN Clean Development Mechanism process and aids business in their efforts to comply with its requirements.

The Pakistan National Operational Strategy for Clean Development Mechanism was approved in 2006 and provides policy guidance for the implementation of Clean Development Mechanisms in Pakistan. Projects relating to forest and increase in forest cover as a means of “carbon sinking” have been explored through this Strategy, though no concrete project has been approved for the Clean Development Mechanism process.

4.2.2.9 Pakistan Wetland Action-Plan:

The plan aims to promote sustainable conservation of marine and fresh-water wetlands along-with their associated bio-diversity. This would involve provision of requisite policy, institutional and technical inputs and framework for generating public support. The action plan also entails development of sustainable and participatory management plans for wetlands with a view to secure financial sustainability and replication of effective-best practices for wetland initiatives.

4.2.2.10 National Water Policy 2025:

National water Policy represents a comprehensive policy framework which is designed to address the issues of development of national water agenda on the basis of national assessment, formation of a sector apex body and water law, investments in priority river basins, enhanced accountability of water service providers and partnership development and capacity building.

4.2.2.11 National Energy Conservation Policy:

The policy provides the enabling framework for promoting energy conservation through a combination of identifying energy conservation opportunities, technology demonstration, pilot projects implementation, information, outreach and training in the sector.

4.2.2.12 MTDF for Environment:

Medium term development framework is a deviation from traditional, yearly budgeting and planning instruments in federal and provincial governments. MTDF for each sector (including environment has been developed in the form of a rolling plan for three to five years with a projected assessment of resource requirements. The purpose is to pursue medium to long term objectives as per environment policies of the governments in an effective and predictable manner.

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4.2.2.13 Pakistan National Operational Policy for Carbon Development Mechanisms (CDM):

The policy was developed following submission of Instrument of Accession to Kyoto Protocol in 2005. The strategy fulfills the requirements of establishing a Designated National Authority (DNA), for ensuring transparent, effective and participatory management of CDM in the country.

4.2.2.14 National Implementation plan for Persistent Organic Pollutant (POP):

National plan is meant for implementing national obligations under Article 7 of Stockholm convention. The plan provides for a framework for the country to design and implement various measures for fulfilling the requirement of the convention in a systematic and participatory manner.

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5. International Obligations and Domestic Law:

5.1 Progress Towards Meeting International Commitments and Identification of Gaps:

Pakistan is party to a numbers of treaties and agreement, and adherence to more will be forthcoming. These treaties and agreements are subject to ratification by Pakistan, and can be enforced as law only when legislation is passed by its legislature as a separate act, ordinance or rules or regulation under existing law.

Further, the superior Courts generally accommodate the rules of international law in the domestic law without expressed legislative sanction. The courts justify this on the strength that the nations of the world must march with the international community, and thus the domestic laws must respect the rules of international law, which may be referred to by the courts as they have a persuasive value and command universal respect. The courts clarify that any confrontation between the two should be avoided. However, where it is inevitable and cannot be harmoniously construed, effect should be given to the domestic law.

There is currently no binding global treaty on the conservation and sustainable use of all types of forests. However, Pakistan is a party to some hard and soft international legal instruments. Hard laws are binding whereas soft law agreements largely reflect political, rather than legal commitments. Pakistan’s international commitments on water and forestry are summarized below.

Review:

5.1.1 International Plant Protection Convention, 1951:

The International Plant Protection Convention is an international treaty organization that works to prevent the international spread of pests and plant diseases. Among its functions is the maintenance of lists of plant pests, tracking of pest outbreaks, and coordination of technical assistance between member nations. Nations can either ratify or adhere to the IPCC. Pakistan adhered to the Convention in 1954. The National Council for Conservation of Wildlife, working under the administrative control of the Inspector-General of Forests, was established in July 1974. It is responsible for policy-making, inter-provincial coordination and international liaison, monitoring and implementation of international protocols such as the CBD, the Ramsar convention, CITES and the Convention on Migratory Species. At the provincial level, wildlife departments are responsible for enforcing legislation and the management of wildlife. The Biodiversity Action Plan has prepared in collaboration with IUCN Pakistan. This Plan provides a brief assessment of the status and trends of the nation’s biodiversity outlines strategic goals and objectives and provides a plan of action that includes coordination, arrangement and implementation measures.

5.1.2 Indus Water Treaty, 1960: After the Partition of India, Pakistan became the lower riparian of the rivers of the

Indus Basin. In 1960, with the help of the World Bank, India and Pakistan entered into the Indus Water Treaty. Essentially, the Treaty allows India the use of the waters of the three Eastern rivers of the Indus Basin (the Ravi, Sutlej and Beas) while Pakistan is allowed the waters of the Western rivers (the Indus, Jhelum and Chenab). India is, however, allowed to use the waters of the Western rivers for certain non-consumptive use, including limited types of agriculture and

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hydroelectric power plants without water storage capacity. The Treaty establishes the office of the Permanent Commission of Indus Waters in India and Pakistan, who are responsible for sharing data and relaying information to their respective governments.

5.1.3 Ramsar Convention on Wetlands of International Importance, 1971:

Pakistan has ratified the Ramsar Convention. This Convention requires Pakistan to promote the conservation of listed wetlands and the ‘wise use’ of wetlands in its territory. The Ramsar Convention, adopted under the auspices of UNESCO, requires parties to promote the conservation of listed wetlands and the “wise use” of wetlands in their territory. The convention’s definition of wetlands, as areas of marsh, fen, peat land or water, is broad enough to encompass some forest ecosystems, especially man-groves. When becoming a party, each state must nominate suitable wetlands in their territory to the List of Wetlands of International Importance, on the basis of such aspects as ecology, botany, or hydrology. Inclusion in the list does not affect a party’s exclusive sovereign rights. According to Article 4(1), conservation of all wetlands is to be promoted by establishing nature reserves with adequate management.

Pakistan has notified sixteen (16) Ramsar Sites for conservation of wetland associated biodiversity in Pakistan in order to protect the plant and animal life that depends on the uch wetlands. IUCN Pakistan and WWF Pakistan have both been very active, not only in biodiversity studies and management planning for these areas, but also in technical preparations for these Ramsar designations.

5.1.4 Convention Concerning the Protection of World Cultural and Natural Heritage, 1972:

The Convention Concerning the Protection of World Cultural and Natural Heritage, also known as the World Heritage Convention, has been ratified by Pakistan. This Convention places a primary duty upon Pakistan to ‘do all it can’ to identify, protect, present and transmit the natural and cultural heritage to future generations.

Pursuant to the Convention, Pakistan enacted the Antiquities Act, 1975 and the National Fund for Cultural Heritage Act, 1994. Similarly, the Sindh Government enacted the Sindh Cultural Heritage (Preservation) Act, 1994 and the Khyber Pukhtoonkhwa has also drafted the North West Frontier Province Cultural Heritage (Protection and Promotion) Ordinance. The draft of the Ordinance has been approved by the provincial cabinet and now awaits the approval of the Governor of the Province.

5.1.5 Convention on International Trade in Endangered Species of Wild Fauna and Flora, 1973:

The Convention on International Trade in Endangered Species of Wild Fauna and Flora (“CITES”) is meant to ensure that international trade in specimens of wild animals and plants does not threaten their survival. Pakistan signed CITES on 9 July 1976, but has not yet ratified it. In order to implement the CITES, the following legislation (the “Wildlife Laws”) has been passed at the federal and provincial level: The Punjab Wildlife (Protection, Preservation, Conservation, and Management) Act, 1974; N .W .F .P Wildlife Protection, Conservation and Management Act, 1975; Sindh Wildlife Protection Ordinance, 1972; Baluchistan Wildlife Protection Act, 1974; and Islamabad Wildlife (Protection, Preservation, Conservation and Management) Ordinance, 1979.

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The Wildlife Laws are similar in content. CITES deals with wild animal and plants and the specimens defined. However, the Wildlife Laws only protect animals and not the plants listed by of the Convention. This deficiency needs to be corrected.

As directed by Article IX of CITES, the Wildlife Management Board is the management authority and the National Council for Conservation of Wildlife (the “NCCW”) is created as the scientific authority, in collaboration with the Ministry of Commerce and the provincial wildlife departments. The Ministry of Food and Agriculture (Forest Division) established the Wildlife Enquiry Committee in 1968, which in turn became the National Council for Conservation of Wildlife in 1974 after the signing of CITES. The NCCW is responsible for coordinating wildlife conservation policies at the federal and provincial levels. It is working under the guidance of the Inspector General of Forests to formulate appropriate policies for the conservation of wildlife, to coordinate implementation of the policies by the provinces and to liaison with international agencies and NGOs for conservation of wildlife. The NCCW has tried to fulfill its functions efficiently during the last one and half year. The provincial wildlife departments get policy guidelines from the NCCW, which also coordinates the efforts of provincial wildlife departments for wildlife conservation. In addition, it also fulfills the obligations of conventions and protocols to which the Government of Pakistan is a signatory.

5.1.6 International Tropical Timber Agreement, 1983:

The objectives of the 1983 International Tropical Timber Agreement include developing 'industrial tropical timber reforestation and forest management activities' and encouraging 'national policies aimed at sustainable utilization and conservation of tropical forests and their genetic resources, and at maintaining the ecological balance in the regions concerned. These are but two of eight of the Agreement’s objectives, the others including the expansion and diversification of international trade in tropical timber and promotion of the industrialization of tropical timber-producing member countries. The Agreement is administered by the International Tropical Timber Organization, which functions through a Council. The permanent committees of the International Tropical Timber Organization include a Committee on Reforestation and Forest Management, the functions of which include harmonizing international co-operation in reforestation and forest management. The tenth session of the International Tropical Timber Organization, held in 1991, established a small working group to develop Guidelines for the Conservation of Biological Diversity in Production Forests, adopted in December 1990, which are intended to complement the Guidelines for the Sustainable Management of Natural Tropical Forests adopted in December 1990. The ITIO was expected to be renegotiated in 1994, and the issue of forest conservation would be high on the agenda.

5.1.7 FAO Tropical Forestry Action Plan, 1985:

The non-binding Tropical Forestry Action Plan was adopted in 1985 as a non-binding global strategy developed by FAO, with the World Bank, UNDP, UNEP and the non-governmental World Resources Institute, to provide a framework for concerted national and international action to manage, protect and restore forest resources in states in tropical regions. By 1991 seventy-four countries were participating in programmes under the Action Plan. Activities carried out in individual countries under the Action Plan include a preliminary forest sector review which will then lead to a National Tropical Forestry Action Plan. Action Plan exercises are intended to establish national targets on policies and practices to halt deforestation, contribute forest resources to sustainable economic development,

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conserve forests, and integrate forest-related issues into other sectors. The Action Plan has been subject to criticism for not addressing the root causes of deforestation. Its long-term future remains uncertain.

5.1.8 SAARC Plan of Action on Environment, 1992:

The Third Meeting of Environment Ministers (Malé, 1997) adopted the SAARC Plan of Action on Environment. The Plan seeks to evaluate the status of SAARC cooperation in the field of environment, identifies the concerns of Member States at regional and global levels, and sets out parameters and modalities for enhanced cooperation. Member States are called upon to mobilize financial resources from regional and international organizations. The main responsibility for the implementation of the Action Plan rests with the Member States. Each Member State is called upon to prepare a National Action Plan. In order to make an environment assessment to facilitate the implementation of SAARC Plan of Action on Environment, Member States are called upon to produce a National State of the Environment Report. A SAARC State of the Environment Report is to be prepared based on these reports and on an agreed common format. The SAARC Plan of Action also highlights the need to study the feasibility of a Regional Treaty on Environment, which will ensure a sound environment protection regime for the region.

5.1.9 1992 Forest Principles:

The 'Non-legally binding authoritative statement of principles for a global consensus on the management, conservation and sustainable development of all types of forests' (the “1992 Forest Principles”) was adopted at UNCED. Its weakness reflects the absence of international consensus on the subject, and it is of limited legal authority and content. The guiding objective of the Forest Principles is to contribute to the management, conservation and sustainable development of forests and to provide for their multiple and complementary functions and uses. It is 'a first global consensus on forests' which may serve as a basis for a future legal instrument, applies to all types of forests, and provides that forest issues must be dealt with in a 'holistic and balanced' manner. The Forest Principles do not “internationalize” forest issues, or state that forests are “a common concern of mankind.” The Forest Principles makes only limited reference to institutional arrangements and their development, endorse public participation, scientific research, forest inventories and assessments, education and training, international exchange of information, and the utilization of indigenous knowledge.

5.1.10 Convention on Biological Diversity, Rio 1992:

The Convention on Biological Diversity (“CBD”) is a landmark international treaty which takes a comprehensive rather than a sectoral approach to the conservation of the Earth’s biodiversity and sustainable use of biological resources. Significantly, the Biodiversity Convention moved beyond issues of conservation and sustainable development to include access to genetic resources, sharing of benefits from the use of genetic material and access to technology. Pakistan signed the Biodiversity Convention on 5 June 1992 and ratified it on 26 July 1994.

As required under the Biodiversity Convention, the Government of Pakistan prepared a Biodiversity Action Plan in August 1999, which encompasses in one report the sequential processes of a country study, national strategy and action plan. The lack of community participation is now being addressed in the current projects including the Mountain Area Conservancy Project (funded by GEF/UNDP) which covers an area of 16,000 Sq. Km using the integrated ecosystem approach

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and the Protected Areas Management Project being run simultaneously in two parts of the country (Chitral in N.W.F.P and Hingol in Baluchistan) and Machiara in Azad Kashmir.

In order to comply with the CBD, the Government of Pakistan, under Section 31 of Pakistan Environmental Protection Act, 1997 has notified the Bio Safety Rules, 2005 and established the Bio Safety Cell within the Environment Protection Agency overlooked by the Federal Ministry of Environment.

5.1.11 United Nations Framework Convention On Climate Change, 1992:

Pakistan is a signatory to the United Nations Framework Convention on Climate Change the (the “UNFCCC”). The objective of the UNCCC is the stabilization of greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system. The ratification of the Convention triggered a series of activities in Pakistan regarding climate change issues. These included the Asia Least-cost Greenhouse Gas Abatement Strategy project completed in 1998, which was the first comprehensive national project on climate change and that covered both quantification of emissions and the setting out of a long-term emissions reduction programme. All parties to the Convention are required to prepare a National Communication to the UNFCCC, which contains an inventory of Greenhouse Gases, and also indicates policies and measures which the government will take to adapt to or mitigate the adverse impacts of climate change. In response to the Convention’s requirement of submission of a National Communication, the Ministry constituted a National Study Team which prepared Pakistan National Communication in 2003. A Clean Development Mechanism Cell has been created within the Ministry of Environment to promote the potential of the Clean Development Mechanism envisaged in the UNFCCC.

5.1.12 United Nations Convention to Combat Desertification, 1994:

Pakistan is party to the 1994 United Nations Convention to Combat Desertification (the “CCD”). CCD aims to adopt an integrated approach that addresses the physical, biological and socio-economic aspects of the processes of desertification and drought. To the extent that forests carry out important ecological functions which prevent drought and desertification, forests are an important element of this convention. The CCD anticipates the development of national and regional action programs to identify both the factors contributing to desertification and the practical measures to combat it and to mitigate the effects of drought. Since 1997, Pakistan is required to regularly submit reports on the implementation of the CCD in Pakistan.

5.1.13 UN Forum on Forests, 2007:

In October 2000, the Economic and Social Council of the United Nations, in its Resolution 2000/35 established the United Nations Forum on Forests (UNFF), a subsidiary body with the main objective to promote “… the management, conservation and sustainable development of all types of forests and to strengthen long-term political commitment to this end…” based on the Rio Declaration, the Forest Principles, Chapter 11 of Agenda 21 and the outcome of the IPF/IFF Processes and other key milestones of international forest policy. The Forum has universal membership, and is composed of all Member States of the United Nations and specialized agencies.

Since this is a soft law instrument with no binding affect on Pakistan, the government has not taken any action on this instrument even while drafting the recent North West Frontier Province Forest Ordinance. The Government of

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Pakistan is therefore in violation of the orders of Supreme Court in that it has failed to adhere to the UNFF principles as made enforceable by the Supreme Court.

5.1.14 REDD:

REDD stands for Reducing Emissions from Deforestation & Forest Degradation in Developing countries. REDD is a mechanism for financially compensating countries for emissions from deforestation. In case of Pakistan, a strong adherence to REDD mechanism can act as a great incentive to communities as well as governments to conserve standing trees. Global agreements on REDD have yet not crystallized completely but is expected to be fully in effect by 2010. Pakistan needs to immediately prepare for this opportunity and should not allow this to wither away like carbon credit regime.

Analysis:

While there are currently no binding global treaties on the conservation and sustainable use of all types of forests, Pakistan is signatory to and has ratified a number of “hard” and “soft” international legal instruments. Analysis of international obligations has to be understood within the larger framework and ordering of international law.

Hard international laws are those whose application is binding. Soft international laws largely reflect political rather than legal commitments.

Hard laws binding on Pakistan include the Indus Water Treaty, Biodiversity Convention, the UNFCCC, CITES, the Ramsar Convention, the UN Convention to Combat Desertification and the International Plant Protection Convention. Soft international laws include the UN Forum on Forests, the International Tropical Timber Agreement, the FAO Tropical Forestry Action Plan and the SAARC Plan of Action on the Environment.

The application of Pakistan’s international obligations can be gauged by reference to whether they are part of hard or soft international laws. However, it is pointed out that, of the hard international laws applicable to Pakistan, none contain elements of inter-linkage between the forest and water sector.

In terms of in vogue practice at the federal level, compliance and adherence to global protocols, commitments and agreements in forestry sector rested with environment division. Needless to say that environment division had less than ideal coordination with provincial governments to ensure compliance of various international treaties. For instance, much of these conventions or treaties essentially deal with forestry and wild life resources but the provincial counterpart of Environment Division at the province level is Environment department which has no connect with forestry departments in the provinces. Another challenge of recent origin pertains to inclusion of 18th amendment whereby scheme of allocation of subjects in federal and concurrent lists has been drastically altered. It would be crucial as to what decision is made by the federal government regarding primary responsibility of ensuring compliance with international agreements in the field of environment and forestry. Whether to keep the responsibility in this regard with Environment Division at the federal level or whether allow provincial forestry departments to independently tackle these issues would be the a real challenge for resolution in coming months.

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6. Streamlining Inter-Sectoral Coordination:

6.1 Building Effective and Integrated Policies and Legislative Guidelines:

Since 1947, the administrative structure of provincial forest departments has not undergone any major change. However, in the Khyber Pukhtoonkhwa institutional reforms are under way as a result of the North West Frontier Province Forest Ordinance, 2002. The lessons of these reforms may be adopted by other provincial forest departments. As a matter of fact, other provinces also appear to take a lesson from Khyber Pakhtoonkhwa and as a result, in majority of the provinces, forestry, wild life and fisheries have been clubbed together under one administrative department of the provincial government.

Environmental forestry appeared as a theme in the 1991 policy, which highlighted problems such as acid rain, rising sea levels, devastating floods and desertification. The policy recognized the importance of forests for improving the global environment and sequestering carbon. The policy provisions included: implementation of programs to minimize pollution through tree planting; establishing green windbreaks on arid lands; establishing green areas in all cities, reserving twenty five percent (25%) of the area of new townships and industrial estates for parks, recreational spaces and green belts; formulating and enforcing pollution standards for emissions that have impact on protected wildlife areas and wetlands; and strengthening the capacity to implement anti-pollution measures.

Ninety percent (90%) of the water in Pakistan originates from the northern upland watersheds. With the construction of dams and reservoirs to generate hydropower and supply water to the massive irrigation works that support the national agricultural economy, watershed management in the mountains has become a national priority. Loss of vegetation cover in the watershed areas seriously impairs the hydrological cycle resulting in landslips and flashfloods, causing damage to infrastructure, settlements and loss of human and animal lives. The main causes of watershed degradation are forest conversion, improper agricultural practices and fragmentation of land, complex land tenure arrangements and poverty. During the last three decades, watershed management has assumed special significance and received attention in federal and provincial governments. A number of integrated watershed rehabilitation projects with a focus on community organization and participation have been implemented with considerable success. Experience has shown that the sectoral approach to mountain development has to be replaced by an integrated approach with multi-stakeholder participation to address the special environmental values of mountain watersheds. Prolonged drought and a reduced amount of snowfall in the mountainous areas have decreased water availability in major rivers considerably, creating water scarcity in the country. Since water-related issues and conflicts are expected to worsen due to the effects of climate change, the management of upland watersheds will become the policy thrust area during this century.

The major objectives of the forest management practices in Pakistan are based on the sustainable yield of timber and firewood rather than on sustainable forestry. It is also limited to the species that have good commercial value and does not consider the ecosystem as a whole. The contemporary concept of sustainable forestry on the other hand puts emphasis on management of the system as a whole, including forest fauna and microorganisms. The focus of forest management remains to manipulate nature by retaining those species that are preferred by foresters. Commercial interests dictate the choice of species to be managed and harvested. In other situations, exotic or non-endemic species are being heavily planted outside their natural zones.

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The main reason for the non-implementation of ineffectiveness of the Forest Act, 1927 when it comes to dealing with water sector issues is that it does not define the prohibition clauses relating to the poisoning of waters. Such a prohibition clause would bar towns, villages and cities from polluting the rivers, canals and drains downstream and towards forests. At the moment, only the Easements Act, 1882 allows civil suits for damages and an injunction as a relief against pollution. The Pakistan Penal Code, 1864 does provide penalty for injury to a river, but this offence is poorly defined and will not cater to the advances in technology and types of water pollution that occur today. Moreover, the Forest Act, in order to protect the forest from polluted water has not involved the Environment Protection Department or the District Officers Environment appointed under the various local government ordinance of 2001.

The Forest Act was enacted in 1927, the PEPA in 1997 and the local government ordinance in 2001. In order to protect forests from pollution, such as water pollution and the dumping of waster, neither the Environment Protection Agency nor the Forest Officers are coordinated thorough any policy, strategy or law. Another criticism of the Forest Act, 1927 is that it does not define pollution or adverse effect to the environment resulting from the dumping of waste such as defined under PEPA, agriculture, nuclear, solid/municipal, hazardous and hospital.

Another important area of disconnect between water sector and forestry legislation pertains to the management of forestry resource in catchment areas. As hilly catchment areas form the primary source of water that is used for power generation or irrigation, sound forest management operations in high hills are of direct relevance for the quality and quantity of water produced as run off in major river systems. While it may not be possible to put a price tag on value of water produced form hilly catchment areas in terms of its subsequent usages by other sectors, there is a strong case for sensitizing the policy-makers or operators in other sectors about sound forestry practices in hilly areas as a means of ensuring sustainable water flow in rivers. Some kind of reciprocal provisions between forestry and other sectoral policies (e.g. in form of royalty from irrigation or power sectors for augmenting watershed management practices or preferential provision of water for irrigated plantations in the plains) may act as an incentive for recourse to conducive forestry practices in watershed areas.

In addition to this, the Forest Act, 1927 does not strictly prohibit the cutting or removing the forest for commercial purposes and, in the absence of such prohibition, the applicable legislation is Provincial Wildlife Law enacted in the early 1970s for the four provinces, Azad Jammu and Kashmir and Islamabad by transforming the federal wildlife laws of 1912 into more effective provincial laws. If the Forest Act was properly devolved to the provincial level with more autonomy to the provincial departments, it would be easier to implement and make area-wise, flora-wise, species-wise rules in order to implement present and future international obligations. Hence, the Federal Government cannot make rules or regulations for implementing international treaties because every province has different environmental issues and problems.

It may also be mentioned that the scheme of devolved district management introduced under LGO 2001 provided a useful mechanism whereby all “green” departments were placed under EDO (Agriculture). The subjects under EDO (Agri) included agriculture, soil conservation, forestry, fisheries etc and one District Officer (Forest) was provided with each EDO (Agriculture). In addition, provision was made for appointing a Forest Officers as EDO (Agri) in at least some of the districts. (In case of Punjab, four posts of EDO (Agri) have been allocated for foresters while the rest are occupied by officers from Agriculture department.

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On face of it, the scheme of clubbing together all green departments under one EDO made perfect sense. However, there were several catches in it as forest department only devolved smaller village forests, chak plantations or ornamental forestry subjects to DO (Forest) under Edo (Agri) while the major chunk of state forests continued to be managed by provincial forest department functionaries. Secondly, absence of irrigation department representative in the group of offices managed by EDO (Agri) did not allow the benefits of clubbing together all green departments to be fully actualized. Similarly, various district officers under EDO (Agri) continued to essentially follow the line indicated by their provincial line departments rather than fully gelling under a devolved office. It was for a multiplicity of these and several other related reasons that the experience of combining green departments under EDO (Agri) failed to produce desired results.

Another major stumbling block in non-implementation of inter-sectoral links of forest and water is that, the Forest Act focuses on the customary source of law rather than the statutory and common law. For example, because of illiteracy and lack of awareness and rule of law, the federal Forest Act and its rules are more or less non-existent as far as the community is concerned which only focuses on its agricultural practices of non-forest sectors due to the inefficient and non-coordinated agriculture policies of different provinces without keeping in view the macro environmental forest policies. The agriculture sector focuses on the wrong policy of cash crops such as sugar and wheat on the demand of the consumer which results in deforestation and misuse of water resources. Focus on these cash crops often results in the destruction of previous orchards and nearby forests due to scarcity of water.

The laws relating to water pollution linking to deforestation and polluted waters to forests are also the Colonial legislation i.e. Pakistan Penal Code 1860, Canal and Drainage Act, 1873 and Minor Canals Act, 1908 and Factories Act, 1934 which also focused on the quantity of water rather than the quality. Similar to the Forest Act, 1927, these laws were outdated and not clearly defined which, has resulted in polluted water reaching forests and threatening the same because these laws only prohibited the fouling and corruption of public water. However, the word fouling and corruption were not defined at all and no standard of water effluent have been set out. This resulted in water pollution by industry, sewage by towns and cities and waste from other domestic use entering into the water supply.

Another inter-sectoral de-linking occurs because of the energy crisis and lack of energy to remote areas and the lack of effective enforcement of the law resulting in the cutting of trees, even trees in forests, for biomass energy. The rate of such cutting increases in the winter months and at times of increased electricity load shedding. As remote and forest areas focus more on customary law as discussed above, a person cutting trees and chopping forests for trade, energy or industry assumes that it is a part of their conventional usage given by Allah for their survival and their livelihood which could not be controlled by man-made laws.

Summarizing the above review and discussions, following problems areas of inter-sectoral linkages may be identified in forestry and water sectors.

Original legislative framework in forestry sector as well as water (or to be more precise, irrigation sectors) was developed in isolation of each other due to abundance of resources during those times;

Institutional mandates for forestry and water sectors are dispersed amongst diverse

ministries and departments at the federal and provincial levels with minimal cross-linkages (forestry has been dealt with by food and agriculture as well as by environment division of late at federal level while water is essentially a subject of irrigation and power

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division.) At provincial level, forestry, irrigation and environment departments function as three separate and water tight entities with almost zero functional linkages;

Bulk of international treaties or commitments in forestry or wild life are mandate of

environment division at the federal level, but actual compliance is to be ensured at the provincial levels through forestry and wild life departments;

There is a major disconnect between forestry legislation and management practices.

While former may enshrine protection and conservation of natural resources, the later are almost exclusively predicated upon objectives of commercial forestry exploitation;

Notion of watershed management or catchment level resource management is still

elusive n bulk of forestry legislation. Similarly, policy decisions regarding construction of dams or water reservoirs in high hills are also made by water and power ministry in near isolation from forestry outfits of the government. As a result, principles of sound watershed management are largely ignored with serious future consequences.

In case of irrigated plantations, riverine forests or wetlands in Punjab and Sindh, the

growth and survival of forest crop almost solely depends upon irrigation water made available through canals or as flood waters. In both instances, the final decision regarding supply of water rests with irrigation department with almost no role of forest department;

Many of the national or international commitments pertaining to water quality and

environmental protection are handled at the federal level by environment division. However, the implications of these legislation or treaties have direct bearing on the working of provincial government departments of environment, forestry and wild life. Especially, in the aftermath of eighteenth amendment, a re-configuration of institutional responsibilities would be needed to streamline compliance and adherence to these legal provisions and commitments.

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6.2 Amendments in Relevant Laws, Rules and Regulations of Forestry and Water Sector:

At the outset, the issues raised during this Study do not point to amendment in laws. Instead, they point to i) the need to review and update relevant laws and regulations in the forest and water sectors; and ii) the need to improve inter-sectoral connectivity within the government structure.

The forest-related laws covered in this Study, except in the case of the Khyber Pukhtoonkhwa, are all Colonial era laws that were designed to handle the ground realities of nearly a century ago. The peculiar circumstance of the Khyber Pukhtoonkhwa – its high forest cover and large timber industry – no doubt puts forest management at a higher level of importance than in Sindh, Baluchistan or the Punjab. Nevertheless, it appears that the Sarhad Conservation Strategy laid the foundations of a better understanding of environmental concerns. The North West Frontier Province Forest Ordinance, 2002 reflects this understanding in its grass-roots and sustainable development approach to forestry and forest management. Only understanding ground realities – through the mechanism of community organizations and forest management plans created in consultation with organizations – can the importance of water and watershed management be given proper place in the list of government priorities. Further, the nature of forest laws – being as they are primarily concerned with the quality of forests rather than protecting their protection – needs to be reviewed. The Colonial model simply cannot meet the challenges of climate change.

Although all the provinces have upgraded their irrigation management laws and now operate under similar irrigation and drainage legislation, the PIDAs created under them have not yet had the time (the laws were passed in 2007) to show whether or not they are successful. Regardless, the wholesale induction of the employees of provincial Irrigation Department into these PIDAs indicates that the previous mindset of the Irrigation Departments, governed as they were by the Colonial Canal and Drainage Act, 1873, may have also been imported. The old Colonial style of canal management must be replaced by the decentralized decision making envisaged in the irrigation and drainage legislation.

However, simple reviews and improvements to the laws relating to the forest and water sectors will not achieve the goal of inter-sectoral coordination until and unless the management of these sectors through the Federal and Provincial Rules of Business is not addressed. Again, other than the Khyber Pukhtoonkhwa, which appears to have changed its Rules of Business and now manages all aspects of the environment (including ,inter alia, forest management, forestry, wildlife and fisheries), the remaining provinces allocate the responsibility of forest and water sectors to unconnected government Ministries and Departments. This needs to be amended immediately. The Rules of Business were drafted in the early 1970s and there is simply no way a government structured planned for that time can manage the present challenges of inter sectoral coordination.

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7. Conclusion & Recommendations:

This study clearly points out the shortcomings and lacunas in the laws examined due to which these laws have not been implemented properly resulting in massive deforestation in Pakistan and water pollution leading towards the same. The study also points out that these laws were outdated and have never been clearly defined. Moreover, in all the laws studied, no proper enforcing agency/institution was created to check the linkage between forest and water pollution. Moreover, the laws made in the Colonial era were all focused towards the quantity of forest rather than their protection and quality by envisioning the export of timber to its own country. Last but not the least, management practices and institutional arrangements in forestry and water sectors are also least conducive to mutually supportive and complimentary development and growth in these sectors in a win-win situation.

Based upon above discussions and consultations held in Peshawar, Lahore, Karachi (including representation from Quetta), as well as in Islamabad (covering federal level, Gilgit Baltistan and AJK) comprehensive recommendations were received for addressing the challenges in the theme of this study. These recommendations have been reproduced as Annex-I to the study but the more important amongst these are being discussed below. The discussion is followed by a tabular representation of these recommendations by themes along with tentative implementation responsibilities. Additionally, the table also identifies a tentative time line in terms of immediate, short to long term implementation. A time-bound implementation of these recommendations may facilitate filling and addressing the missing linkages amongst policy and legislative frameworks in water and forestry sectors.

Policy and Legislative Reforms:

There was abundant consensus amongst the stakeholders that the existing legislative framework in forestry and water sector is inherently focused on specific subjects and fails to take a broader and complementary view of the two sectors. On the one hand, many pieces of legislation and some of the policy instruments (devised during colonial times) have long lost their relevance in view of the changing on ground situation. On the other hand, emerging global realities in the discourse on environment and climate change are fast demanding a re-orientation of the overarching policies and legal framework in forestry and water sectors. Last but not the least, implications of ratifying a wide range of international protocols on environmental themes need to be appropriately reflected within the body of national laws and policies on water and forestry through an in-depth sectoral review.

Following recommendations are accordingly offered for consideration by policy makers and sector professionals in the thematic area of “policy and legislative reforms”.

An immediate joint review of all relevant laws and policies in forestry and water sectors through professionals of both sectors and lawyers to identify and cleanse existing redundancies or duplications. Review shall also identify common themes in different laws and policies and propose amendments or modifications wherever needed for promoting inter-sectoral linkages and complementarities between the two sectors. The review may also propose mitigation or readjustment strategies in view of common environmental and socio economic stresses and threats within the legal or policy framework;

Federal and provincial governments to notify joint working groups in Ministries of Environment and Water & Power or Departments of Irrigation and Forestry, Wildlife & Fisheries respectively. These working groups shall be mandated to review or comment on any new/proposed laws, policies, programs or initiatives in the two sectors with a view to identify areas or mechanisms to strengthen synergies. Recommendations of

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these working groups shall be placed before appropriate forum prior to taking final decisions on any new laws or policies;

Ministry of Environment to collaborate with provincial forest departments for undertaking a study covering all international (bilateral or multilateral) treaties on environment. Such a study shall identify the areas within the existing legal or policy framework where amendments or readjustments may be needed as a consequence of ratification of an international treaty or protocol;

Research and development regime may be re-invigorated for ensuring solid justifications and rationale for decision making in forestry and water sectors. Academic institutions including schools, colleges, universities as well as relevant NGOs may be kept on board for this purpose;

Forestry and water sector policy formulation decisions to include feedback from private professionals and non-government actors in addition to bureaucrats;

Aftermath of eighteenth amendment for the forestry sector and water sectors to be clearly worked out and strategized for smooth and beneficial transition;

Overarching policy frameworks including Water Vision 2025 as well as notions of

Integrated Water Resource Management and Integrated Watershed Management may be appropriately reflected in individual legislation or policies within water and forestry sectors;

Provincial Conservation Strategies to be re-designed in line with future water stresses

and scarcities;

Translation of international protocols and treaties and national/ provincial laws, policies and management issues on forestry and water, in local languages for enhanced dissemination.

Institutional Restructuring Reforms:

The deliberations amongst stakeholders also underscored a wide range of institutional and organizational reforms which are essential to preserve and strengthen functional linkages between forestry and water sector organizations. There was a consensus that unless the structures or processes within individual departments or organizations are made more responsive to mutual concerns of environmental stress and degradation, meaningful interventions for promoting mutual linkages may not bear fruit. At present, the very orientation of the government institutions promotes a culture of “inward focus” which needs to be shed in favor of a more inclusive and participatory working culture.

Following important suggestions were made for institutional reforms within forestry and water sector organizations for promoting mutual linkages.

Existing Inter-departmental or agency coordination mechanisms, including platform of P&D Departments and Planning Commission, may be fully activated besides identifying innovative strategies for addressing coordination gaps between forestry and water sectors;

Rules of business in forestry and irrigation/water departments may be reviewed with a view to ensure these support mutual linkages between the two sectors;

All departmental deliberations in forestry and water sectors to include feedback from

relevant stakeholders in the public and private sector;

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Deliberations and processes of Environment Protection department to include forestry related questions as part of Environment Impact Assessment protocols;

An integrated institutional framework for all green sectors (forestry, wild life, fisheries etc) at the policy as well as implementation levels needs to be introduced within the provinces for effective coordination;

Provincial coordination mechanism for preservation and conservation of natural

resources (water, forestry, wild life and fisheries) needs to be developed;

IRSA, WAPDA and Fisheries to be included as important cross cutting entities in water-forestry sector discourse;

A culture of protection of honest and competent officers may be promoted;

Weaknesses in the implementation mechanisms in forestry and water organizations

should be analyzed and gap analysis should be done to discuss the way forward and also for allocating responsibility;

Capacity building measures may be designed and implemented vigorously since all

legislative measures will prove ineffective if the institutions are not strengthened. Technical Reforms:

The deliberations also provided a wide range of proposals or suggestions which were of technical nature. Although not exactly related to the core theme of the research (linkages between water and forestry sectors), these recommendations are nonetheless critical as implementation of these measures may enhance sectoral efficiencies which in turn could contribute to the objectives that are required to be achieved through complementarities between water and forestry sector.

Following is a summarized description of these recommendations.

User perspective including a mechanism for user subsidies covering the up-stream populations in watershed areas needs to be developed;

A mechanism for apportionment of water cess or abiana between upstream and downstream populations needs to be proposed;

Rain water harvesting strategies to be incorporated in integrated watershed management framework by the provinces;

Comprehensive inventory and baseline development covering all components of forestry and water sectors in watershed areas may be undertaken;

Instruments of social mobilization including promotion of community organizations in watershed areas to be used for adherence to sustainable land use practices;

Land use planning by relevant government agencies to be developed after feedback/consultation with forest department;

Specific water requirements of different competing sectors including agriculture, forestry, livestock, industry etc may be worked out rather than addressing the water question for forestry sector in a standalone manner;

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Impact and likely implications of climate change may also be factored in all policy and management decisions in the forestry and water sectors;

Notion of “environment” may not be used as a convenient tool to thwart the genuine

concerns of other sectors viz a viz forestry sector;

Freshwater requirements of mangrove and riverine forests as well as wetlands and wild life may be worked out and factored in water allocation decisions;

Strict implementation of ground water harvesting or pumping legislation in arid areas to

be ensured;

A holistic framework for promoting efficient On-Farm Water Management, Post Flood Water Management and Small Dams Development strategies for arid areas to be introduced.

Action Plan:

While nearly all of the above-referred actions proposed by stakeholders are of importance in terms of promoting inter-sectoral linkages, capacity constraints may make it difficult for immediate action on all these. Accordingly, it will be advisable if these measures are listed in terms of their implementation time frames (immediate, short term or long term). Similarly, it will also be beneficial if these activities are reflected in terms of institutional responsibility assignments. An action plan comprising these activities (in the areas of legal/policy reforms and institutional restructuring reforms1) is being proposed alongside implementation time lines as well implementation responsibility assignment. Prioritized and mutually complimentary progress on this action plan may be critical for strengthening mutually supportive linkages between water and forestry sectors and can potentially lead to a win-win situation for all stakeholders.

1 The recommendations listed under Technical Reforms have not been included in the Action Plan. This is primarily due to two reasons; a) The technical reforms lie beyond the purview of the present study which focuses at, identifying and

improving inter-sectoral linkages between water and forestry sectors at the level of policy and legislation;

b) Action on the recommendations suggested therein would entail proposing changes at the departmental level, in terms of re-defining mandates and re-establishing roles and responsibilities. Such micro level changes, once again, do not fall in the scope of the present study.

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Policy and Legislative Reforms

S. No. Recommendations Time Frame

Institutional Responsibility

1. An immediate joint review of all relevant laws and policies in forestry and water sectors through professionals of both sectors and lawyers to identify and cleanse existing redundancies or duplications. Review shall also identify common themes in different laws and policies and propose amendments or modifications wherever needed for promoting inter-sectoral linkages and complementarities between the two sectors. The review may also propose mitigation or readjustment strategies in view of common environmental and socio economic stresses and threats within the legal or policy framework;

Immediate Ministry of Environment

2. Federal and provincial governments to notify joint working groups in Ministries of Environment and Water & Power or Departments of Irrigation and Forestry, Wildlife & Fisheries Departments respectively. These working groups shall be mandated to review or comment on any new/proposed laws, policies, programs or initiatives in the two sectors with a view to identify areas or mechanisms to strengthen synergies. Recommendations of these working groups shall be placed before appropriate forum prior to taking final decisions on any new laws or policies.

Immediate Ministries of Environment, Water & Power, Provincial Forest &Irrigation Departments

3. Ministry of Environment to collaborate with provincial forest departments for undertaking a study covering all international (bilateral or multilateral) treaties on environment. Such a study shall identify the areas within the existing legal or policy framework where amendments or readjustments may be needed as a consequence of ratification of an international treaty or protocol.

Short term

Ministries of Environment & Provincial Forest Departments

4. Research and development regime may be re-invigorated for ensuring solid justifications and rationale for decision making in forestry and water sectors. Academic institutions including schools, colleges, universities as well as relevant NGOs may be kept on board for this purpose

Long term Ministries of Environment & Provincial Forest Departments

5. Forestry and water sector policy formulation decisions to include feedback from private professionals and non-government actors in addition to bureaucrats;

Medium Term

Ministry of Environment

6. Aftermath of eighteenth amendment for the forestry sector and water sectors to be clearly worked out and strategized for smooth and beneficial transition;

Immediate Ministries of Environment, Water & Power,

7. Overarching policy frameworks including Water Vision 2025 as well as notions of Integrated Water Resource Management and Integrated Watershed Management appropriately reflected in legislation or policies within water and forestry sectors.

Medium Term

Ministries of Environment, Water & Power,

8. Provincial Conservation Strategies to be re-designed in line with future water stresses and scarcities.

Long term Ministries of Environment & Provincial Forest

LEAD Pakistan 53


Departments

9. Translation of international protocols and treaties and national/ provincial laws, policies and management issues on forestry and water, in local languages for enhanced dissemination.

Medium Term


Institutional Restructuring Reforms

S. No. Recommendations Time Frame

Institutional Responsibility

1. Existing Inter-departmental or agency coordination mechanisms (including platform of P&D Departments and Planning Commission may be fully activated besides identifying innovative strategies for addressing coordination gaps between forestry and water sectors;

Immediate Ministry of Environment, Provincial Governments

2. Rules of business in forestry and irrigation/water departments may be reviewed with a view to ensure these support mutual linkages between the two sectors;

Long term Ministries of Environment, Water & Power, Provincial Forest &Irrigation Departments

3. Deliberations and processes of Environment Protection department to include forestry related questions as part of Environment Impact Assessment protocols;

Medium term

Ministries of Environment & Provincial Forest Departments

4. An integrated institutional framework for all green sectors (forestry, wild life, fisheries etc) at the policy as well as implementation levels needs to introduced within the province for effective coordination;

Long term Ministries of Environment & Provincial Forest Departments

5. Provincial coordination mechanism for preservation /conservation of natural resources (water, forestry, wild life and fisheries) needs to be developed;

Medium Term


6. IRSA, WAPDA and Fisheries to be included as important cross cutting entities in water-forestry sector discourse;

Immediate Ministries of Environment, Water & Power,

7. A culture of protection honest and competent officers may be promoted

Long Term Ministry of Environment

8. Weaknesses in the implementation mechanisms in forestry and water organizations analyzed for allocating responsibility & Way Forward;

Long term Ministry of Environment

9. Capacity building measures may be designed and implemented vigorously

Medium Term


10. All departmental deliberations in forestry and water sectors to include feedback from relevant stakeholders in the public and private sector;

Medium Term

Ministry of Environment, Water & Power

LEAD Pakistan 54


References:

Forest Sector :

Provincial Laws, Policies, Rules & Regulations, Notifications, Strategies:

Khyber Pukhtoonkhwa:

1. Hazara Forest Act, 1936

2. Kohat Mazari Control Act, 1953

3. N.W.F.P. Sale And Sawing of Timber Act, 1996

4. North West Frontier Province (Conservation and Exploitation of Certain Forests in Hazara Division) Ordinance, 1980

5. North West Frontier Province Hazara Forest Act, 1974

6. North-West Frontier Province Forest Development Corporation Ordinance, 1980

7. North-West Frontier Province Laws (Amendment) Ordinance, 1980

8. North-West Frontier Province Protection of Trees and Brushwood Act, 1949

9. North West Frontier Province Ordinance Forest, 2002

10. Sarhad Provincial Conservation Strategy

Punjab:

11. Cholistan Development Authority Act, 1976

12. Murree-Kahuta Development Authority Act, 1986

13. Punjab Forest (Sale of Timber) Act, 1913

14. Punjab Land Preservation Act, 1900

15. Punjab Plantation and Maintenance of Trees Act, 1974

Baluchistan:

16. Baluchistan Conservation Strategy

17. Baluchistan Forest Regulation (Amendment) Act, 1974

18. Baluchistan Forest Regulation, 1890

PATA/FATA:

19. Environmental Protection (Adaptation and Enforcement) Provincially Administrated Tribal Areas of the North West Frontier Province Order, 2001

20. Provincially Administrated Tribal Areas (Conservation and Exploitation of Certain Forests) Regulation, 1980

Sindh:

21. Sindh Forest (Amendment) Act, 1994

22. Sindh Plantation Maintenance of Trees and Public Parks Ordinance, 2002

Gilgit Baltistan:

23. Environmental Protection (Adaptation and Enforcement) Order, 2002

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24. Gilgit Private Forest Regulation, 1970

25. Northern Area Application Forest Act, 1927 in 1991

26. Northern Area Forest Rules, 1983

27. Gilgit Baltistan Cattle Trespass Act, 1976

AJ&K:

28. Azad Jammu and Kashmir Plantation and Maintenance of Trees Act, 1977

29. Azad Jammu and Kashmir Protection of Forests and Distribution of Timber Ordinance, 1980

30. Azad Kashmir Logging and Sawmill Corporation Ordinance, 1968

31. Jammu and Kashmir Forest Regulation, 1930

32. The Jammu and Kashmir Forest (Sale of Timber) Act, 1930

National Laws, Policies, Rules & Regulations, Notifications, Strategies:

33. Cutting of Trees (Prohibition) Act, 1975

34. Forest Act, 1927

35. Forestry Sector Master Plan

36. National Conservation Strategy

37. National Drinking Water Policy

38. National Environmental Action Plan

39. National Environmental Policy, 2006

40. National Forest Policy of Pakistan, 2002

41. National Operation Strategy

42. National Sanitation Policy, 2006

43. West Pakistan Firewood and Charcoal (Restriction) Act ,1964

44. West Pakistan Goat (Restriction) Ordinance, 1959

45. West Pakistan Goats Restrictions Rules, 1961

Regional Agreements:

45. SAARC Plan of Action on Environment

International Commitments:

46. Convention Concerning the Protection of World Cultural and Natural Heritage (World Heritage Convention), 1972

47. Convention on Biological Diversity, Rio de Janeiro, 1992

48. Convention to Combat Desertification, 1994

49. Framework Convention on Climate Change, 1992

50. International Forest Policy

51. International Plant Protection Convention, 1951

52. United Nations Forum on Forests, 2007

LEAD Pakistan 56


Water Sector:

Provincial Laws, Policies, Rules & Regulations, Notifications, Strategies:

Sindh:

1. Karachi Joint Water Board Ordinance, 1949

2. Karachi Joint Water Board Rules, 1956

3. Sindh Irrigation Act, 1879

4. Sindh Irrigation and Drainage Authority Act, 1997

5. Sindh Water Management Ordinance, 2002

Punjab:

6. Punjab Development of Damaged Areas Act, 1952

7. Punjab Irrigation and Drainage Authority Act, 1997

8. Punjab Minor Canals Act, 1934

Khyber Pukhtoonkhwa: 9. North West Frontier Province Irrigation and Drainage Authority Act, 1997

Baluchistan: 10. Baluchistan Groundwater Rights Administration Ordinance, 1978

11. Baluchistan Irrigation and Drainage Authority Act, 1997

12. Baluchistan Water and Sanitation Authority Act, 1989

Gilgit Baltistan: 13. Canal and Drainage Act, 1873 application 1991

14. Environmental Protection (Adaptation and Enforcement) Order, 2002

15. Northern Area Penal Code Order, 1991

PATA/FATA:

16. Environmental Protection (Adaptation and Enforcement) Provincially Administrated Tribal Areas of the North West Frontier Province Order, 2001

National Laws, Policies, Rules & Regulations, Notifications, Strategies:

17. Canal and Drainage Act, 1873

18. Canal and Drainage Act, 1873

19. Easement Act, 1882

20. Factories Act, 1934

21. Indus Water Treaty

22. Land Improvement Loans Act, 1883

23. National Drinking Water Policy

24. Pakistan Environmental Protection Act, 1997

25. Pakistan Penal Code, 1860

26. The Pakistan Council of Research in Water Resources Act, 2007

LEAD Pakistan 57


Regional Agreements:

27. SAARC Plan of Action on Environment, 1997

International Commitments:

28. Convention on Wetlands of International importance especially as Waterfowl Habitat, 1982

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Annex-I Stakeholder Perspective

Peshawar Workshop – Khyber Pakhtunkhwa

There are almost 70 laws that govern the forestry and water sector in different provinces of the country. These need to be revisited, reviewed, updated and where possible cleansed;

Forest and water are highly interdependent but ironically the two sectors are treated in such a manner that there are few linkages between them. Even those present are weak in structure;

Serious disconnect between forestry laws and water management policies may be addressed;

The current policies are not in accordance with the needs and requirements of people living in watersheds and forest areas. There is a need to involve communities while making policies;

There is a need for up-dating the overarching provincial and national conservation strategies;

Joint working groups of the concerned ministries and departments must be made to promote and strengthen inter-sectoral linkages;

There is need for close interaction between forest and irrigation departments at the provincial level;

The needs of Wetlands should be addressed;

User perspective including a mechanism for user subsidies covering the up-stream populations in watershed areas needs to be developed;

A deeper analysis of overarching policies in all green sectors including water and forestry by government needs to be initiated;

A mechanism for apportionment of water cess or abiana between upstream and downstream populations needs to be proposed;

Forestry laws need to be extended to FATA;

Rain water harvesting strategies to be incorporated in integrated watershed management framework by the provinces;

Cross cutting issues including population may be included in debates on water issues;

Up-scaling of Tarbela Watershed Project in KPK may be undertaken;

Comprehensive inventory and baseline development covering all components of forestry and water sectors in watershed areas may be undertaken;

Instruments of social mobilization including promotion of community organizations in watershed to be used for adherence to sustainable land use practices;

Experience of District Conservation Committees for wild life in KPK to be replicated and extended to forestry and water sectors;

Land use planning by relevant government agencies to be developed after feedback/consultation with forest department;

Dissemination of international commitments in forestry and water sectors in Pakistan may be ensured amongst all stakeholders.

LEAD Pakistan 59


Lahore Workshop – Punjab

Water and Forest sector may be made federal subjects rather than provincial matters;

All water management decisions should be predicated upon principles of Integrated Water Resource Management rather than being governed through sector specific considerations;

Missing gaps in inter-sectoral linkages should be addressed through involving technical

and professional experts from water and forestry sectors rather than confining the decision making to the generalists alone;

Steps may be taken to make progress on implementation of over-arching policy

documents in the water sector including National Water Policy (2003);

Specific water requirements of different competing sectors including agriculture, forestry, livestock, industry etc may be worked out rather than addressing the water question for forestry sector in a standalone manner;

Impact and likely implications of climate change may also be factored in all policy and

management decisions in the forestry and water sectors;

Impact of mining activities in the forestry sector, especially in the potowar region scrub forests may be assessed;

All enabling global practices including allowances for carbon credit and other related

instruments may be put in operation;

Bottom up approach including users and grassroots stakeholders may be employed during policy formulation as well as implementation phases in forestry and water sectors;

Water requirements of the forestry sector may be rationalized in view of growing water

stresses and scarcity;

Turf wars between competing sectors for water allocation may be discouraged and an institutional mechanism for rationalizing sector specific demands may be put in place;

A permanent system of data collection and robust empirical analysis may be made

mandatory for informing all policy and management decisions in the water and forestry sectors;

Research and development regime may be re-invigorated for ensuring solid justifications

and rationale for decision making in forestry and water sectors. Academic institutions including schools, colleges, universities as well as relevant NGOs may be kept on board for this purpose;

Existing Inter-sectoral coordination mechanisms may be fully activated besides

identifying innovative strategies for addressing coordination gaps between forestry and water sectors;

Notion of “environment” may not be used as a convenient tool to thwart the genuine

concerns of other sectors viz a viz forestry sector;

LEAD Pakistan 60


Kyoto Protocol and its fallout as well as other relevant international instruments on

climate change may be fully debated for informing policy formulation in forestry and water sectors;

Environment impact assessment must be made an integral part of forestry and water

sector policy formulation and decision making systems.

Karachi Workshop – for both Sindh & Baluchistan

Cutting forests directly affects the wildlife & prevents its conservation. Lack of fresh water also adversely affects the wildlife in Pakistan. This should be mentioned in the study;

National objective on Forest & Water Sectors should be well defined so that departments do not work in isolation;

Policies/legislation should define the parameters of water usage & regulation of water;

Implementation should be the primary focus rather than policy making. There should be

amendments in the old laws rather than making new laws to avoid duplication & wastage of resources;

CEDAW 1997 affects limited area (Guddu, Sukkur, Left Bank Canal) - needs to be corrected in the report. CEDAW 2002 has replaced 1997, intends to cover all areas but at the moment does not do so;

The study is theoretical in a lot of ways. It should be practical and solution oriented. It should propose an action plan to implement existing policy/legal framework on the sectors under discussion;

Sectors that are not linked should be included to promote inter linkages between these sectors & provincial departments. Moreover, uniform guidelines should be provided by the Federal Department & subsequently implemented by all provincial departments;

Guidelines should be taken from international conventions & policies and these guidelines should then reflect in the national legislation, policy making & implementation. Provincial laws can be modified according to each province;

Concerned personnel from Law Departments should be a part of these consultative workshops to assist in analyzing the policy framework;

Data series (statistics) on each sector such as water, forest, resource management should be collected for better financial allocation & management. In decision making we must include Environment & Finance Ministries so that this sector is not ignored;

A commission on environment should be formed as a watch dog for the implementation of these policies. This commission would also enhance coordination between all these sectors and endorse international conventions for their reflection in the local law;

EPA Sindh which is currently not effective & competent should either be improved or dissolved. Improvement areas include Water Control Monitoring and controlling the Quality of Water;

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Forestry practices and management in the province may be shared with all stakeholders

including the NGOs to get feedback and promote bye-in;

Water requirements in competing sectors to be decided and rationalized through provincial P&D department, purely on the basis of expected water flows;

Implications of climate change to be worked out and incorporated for decision making at the planning level in forestry and water sectors;

Clear focus on marine sector in relation to coastal mangrove forests need to be placed; water requirements of mangrove forests need to be reflected in overall water allocation policies at the provincial level;

Freshwater requirements of wetlands for preservation of related wild life to be worked out and factored in water allocation decisions;

Deliberations and processes of Environment Protection department to include forestry related questions as part of Environment Impact Assessment protocols;

Forestry and water policies to be made to reflect community perspectives;

Operation of Agro-forestry policies in riverine forests may not be allowed to deplete and degrade precarious forestry resources;

Political interferences and considerations in forestry policy-making and management may be minimized;

An integrated framework for all green sectors (forestry, wild life, fisheries etc) at the policy as well as implementation levels needs to introduced within the province for effective coordination;

Forestry and water sector policy formulation decisions to include feedback from private professionals and non-government actors in addition to bureaucrats only;

Inter-sectoral water allocation processes need to be streamlined and made fully transparent;

Provincial coordination mechanism for preservation and conservation of natural resources (forestry, wild life and fisheries) needs to be developed;

Preservation of over-flow water in natural water bodies in Bela areas to be ensured;

Mass awareness initiatives in forestry and water sectors for promoting conservation to be undertaken including incorporation of these principles in school curricula;

IRSA, WAPDA and Fisheries to be included as important cross cutting entities in water-forestry sector discourse;

Small firewood/industrial plantations in Sindh (Huris) to be promoted as an efficient mechanism for utilizing available water resources in forestry sector;

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Research and Development to be made integral part of decision making in forestry and water sectors;

Industrial water usage to be also highlighted in water allocation decisions;

Translation of forestry sector laws, policies and management issues in local languages for enhanced dissemination;

Wider dissemination of international protocols and treaties on forestry and water in local languages;

Well debated and technically sound policy framework for ensuring availability of environment flows to meet the minimal requirements of forestry and water sectors;

Allowance for drinking and municipal water requirements to be properly reflected;

Aftermath of eighteenth amendment for the forestry sector and water sectors to be clearly worked out and strategized for smooth and beneficial transition;

Provincial Conservation Strategy to be re-designed in line with future water stresses and scarcities.

Balochistan-Specific Recommendations

Up-dating of forestry laws in Baluchistan for reflecting existing ground realities;

Strict implementation of ground water harvesting or pumping legislation;

Empowerment of irrigation department functionaries for ensuring strict and meaningful implementation of water sector regulations;

Policies and strategies for preserving flood water for subsequent usage to be developed;

A holistic framework for promoting efficient On-Farm Water Management and Small Dams Development strategies for Baluchistan to be introduced.

Islamabad Workshop – for Federal, Azad Jammu & Kashmir and Gilgit Baltistan

Legal framework in forestry and water sectors need to be incentive-driven rather than obstructionist;

Review as well as up-dation and development of laws and policies in water and forestry sectors should be based upon threats and challenges to the ecosystem;

A matrix of laws which are complimentary & supplementary, with their strengths &

weaknesses, and implementation gaps should be effectively defined & outlined in the study;

A culture of protective, honest and competent officers may be promoted;

Rules of business in forestry and irrigation/water departments may be reviewed;

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The report should include the exact actions and activities that are needed to be undertaken;

Terms of Reference of the study as well as the names of the participants of the provincial consultations may be given in the report;

Population as a cross-cutting theme may be included in all discussions on water and forestry;

Effective links should be established between irrigation & power, WAPDA & forest department;

Modify laws in the context of climate change realities to prevent disasters such as floods, heat waves etc;

Colonial laws should be modified according to local practices and ground realities;

TORs of the study should be shared and these should extend to effective follow up of the recommendations given in all workshops at the national & provincial level;

Study should not only state but also analyze the key strengths & weaknesses of all laws;

Legislation and its impact on the development of economy should be clearly defined;

Lack of political will should also be mentioned in the study;

Canal water is a scarce commodity and we must learn how to utilize it. Study should also focus on the adverse effects of water scarcity on wetlands including Keenjhar Lake and its impact on the supply of water to Karachi & Sindh;

Impact of water scarcity in the context of forests in the arid regions as well as deserts should also be discussed;

Effects of water scarcity & deforestation on tourism industry should be discussed;

Weaknesses in the implementation mechanisms should be analyzed and gap analysis should be done to discuss the way forward and also for allocating responsibility;

Socio-economic factors in relation to water and forestry sector challenges need to be identified and studied;

Importance of making vigorous efforts towards encouraging investments in alternate energy need to be highlighted;

This initiative should be taken as a national effort and policy interventions at the national level should come out of it;

The role of forests in reducing carbon emissions needs to be studied and form the basis of implementation strategies;

The report should identify the departments to whom the responsibility of strengthening inter-sectoral linkages should be accorded. Also the manner in which judicious allocation of resources to provinces will be ensured needs to be touched upon;

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Capacity building of institutions is integral since all legislative measures will prove

ineffective if the institutions are not strengthened;

Awareness-raising of common citizens about international commitments needs to be created. MoE should use its position to push for compliance to these treaties;

The report mentions only one bilateral treaty however the need for more needs to be emphasized; especially one with Afghanistan vis-à-vis River Swat so as to resolve issues relating to upper & lower riparians;

The report mentions SAARC as the only regional agreement however, there are others which are more recent. These are important as they may help resolve water related trans-boundary conflicts with India;

Decisions by the Supreme Court of Pakistan and other higher courts where compliance with Forest Laws has been stressed should be made part of the report;

Protocol for bio-safety must be mentioned in detail;

Issues arising post 18th Amendment should be discussed in the report such as; who will negotiate international commitments, who will launch national level campaigns, etc. A study on such issues is required and should be recommended;

Each law should be analyzed in terms of presence or absence of inter-sectoral linkages. Also any steps taken by the government to strengthen these linkages should be highlighted;

The latest draft water policy document of 2006 should be reviewed;

National Water Policy 2025 should be mentioned as National Vision for Water 2025;

Issues of dry land and recommendations about range land are missing;

Influence of climate change on areas such as Rodh Kuhi should be captured;

Forest and soils have a strong linkage. The fact that forest harvesting techniques are leading to wastage of soil and erosion needs to be discussed.

The report should have case study boxes highlighting what we have done so far in this

area;

The report should bring forward cases such as that of Tarbella Dam where we are losing storage and should discuss measures that government needs to take in the catchment areas to check this;

Legitimate upper riparian entitlements of AJK ( by way of abiana apportionment) may be

stressed.

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ANNEX-II

List of Participants of Consultative Workshops

Peshawar Workshop – Khyber Pakhtunkhwa

S. No. Name Designation Organization Contact Number

1. Mr. Ashiq Ahmed Advisor MOE 0321-5932456 2. Mr. Arshad Majeed Add. Secretary Environment Dept 091-9212220 3. Mr. Hakim Shah Director Forest

Education PFI 0332-2404645

4. Mr. Ghaus ur Rehman DFO Forest Dept, Mardan

03469077565

5. Mr. Nasim Hijazi DFO Forest Dept, Gali 0992-9310306 6. Mr. Tariq Mahmood Watershed

Management Specialist PFI 091-9218244

0300-5107012 7. Mr. M. Atif Majeed D.D (Tech) PFI 0334-9008999 8. Mr. Shafqat Bunir DFO Forest Dept 091-2960266 9. Mr Saeed Ur Rehman Chief Conservator Wild

Life Wild life

Department 091-9211479

10. Mr. Shah Hussain DFO Forest Dept 0333-9641184 11. Syed Qamar Abbas Environmentalist Irrigation Dept 091-9210643 12. Dr Mumtaz Malih Conservator Retired 0300-9590821 13. Syed Mubarak Ali Shah Conservator Wild Life Wild Life Dept 091-9219084 14. Mr. Farhat Ullah DFO Forest Dept,

Bannu

15. Mr. Waqas Amad Technical Officer PCRWR, Peshawar 0300-8993414 16. Mr Abdul Munaf Director PCRWR, Peshawar 091-5890465 17. Mr. Abdul Saboor Asst Director PCRWAR,

Peshawar 0300-9035560

18. Dr. Asad Khan Live Stock Economist Livestock and Dairy

Development

0300-9357981

19. Mr. Syed Ahmad Raza S.O MoE 051-9245599 20. Mr. Raza Rehman

Khan Producer PTV 0345-9023086

21. Mr. Atta Ur Rehman Program Manger Haashar Association, Mansehra

0345-9577084

22. Mr Sultan Muhammad NRMC Haashar Association, Mansehra

0345-9618709

23. Mr. Farooq Muhammad Section Officer, Tech Env Dept 091-9212579 24. Mr. Ali Haider Director PFI 091-9212579 25. Mr. Ghani Subhan Asst Director Civil FDA 0333-9504538 26. Mr. Muhammad Israr Add Sec CPO Agriculture Dept 0301-8845922 27. Mr. Ali Agha Conservator of Forest Forest Dept KPK 0313-9433311 28. Dr. Mamoona Wali

Muhammad Assistant Prof PFI 091-9218006

29. Mr Asif Jah GM LEAD Pakistan 051-2651511 30. Rizwan Mehboob Expert LEAD Pakistan 0300-5182273 31. Iqbal Ahmad Khan Focal Person LEAD Pakistan 0345-5266144

Date: November 30, 2010 Venue: Pakistan Forest Institute (PFI) University

Campus, Peshawar Time: 09:00 am – 02:45 pm

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Lahore Workshop – Punjab

S. No. Name Designation Organization Contact Number Water Sector

1. Mr. Khalid Mohtadullah

• Director, IWMI • Current Advisor to Government of China on Water Issues

IWMI

041-35410050

2. Mr. Talib Hussain Director Agriculture WAPDA 0301-8407367 3. Mr. Muhammad

Nasim Khan Director IWASRI WAPDA 0323-47211496

4. Mr. Syed Javed Sultan

Dy. Dir (I & D) WAPDA 0333-4909737

5. Mr. Daniyal Hashmi Sr. Engr. WAPDA 042-35302454 6. Mr. Asrar-Ul-Haq Chief Strategic

Planning Irrigation & Power

Dept. 042-99212124

7. Dr. M. Javed Director SEMU Irrigation & Power Dept.

0304250856

8. Mr. Zamir Ahmed Soomro

Regional Director PCRWR 0301-8686965

9. Mr. Muhammad Ameer Afzal

Deputy Director PCRWR 0333-4701236

10. Mr. Abid Bin Nazir Asst Director PCRWR 0333-4044515 11. Mr. Asgher Hussain Analyst IWMI 042-35410050

Forest Sector 12. Mr. Rao Khalid

Mehboob Conservator of

Forest Punjab Forest Dept 0333-4842038

13. Mr. Iftikhar Ahmad Qureshi

Conservator of Forest

Punjab Forest Dept 0301-5775649

14. Mr. Ajmal Rahim Conservator of Forest, Sargodha

Punjab Forest Dept 0301-8407367

15. Mr. Rana Ishtiaq Ali DFO, Gujranwala Punjab Forest Dept 055-3892077 16. Mr. Farid Ahmad S-DFO, Kasur Punjab Forest Dept 0301-7778022 17. Mr. Mohammad

Abdul Basit CFDWP Punjab Forest Dept 042-37700889

18. Mr. Muhammad Bashir

R.F.O Punjab Forest Dept 042-37700889

Misc. Government Departments 19. Dr. Maqsood Ahmad Deputy Director Directorate

Agriculture, Punjab 0333-4400513

20. Mr. Aqil Butt Deputy Director Agriculture Dept 042-99212291 21. Ms. Saadia Assistant Research

officer Agriculture Dept 042-99212291

22. Mr. Ch. Hasnat Ahmad

Sr. Chief Planning & Development Dept.

23. Mr. Abul Qadir Director, Wild Life Punjab Wild Life Dept.

0300-4220249

24. Mr. Syed Ahmed Raza Asif

Section Officer Ministry of Environment

0321-5136064

NGOs 25. Mr. Ali Hasain Sayed Manager, Policy WWF-P 0300-8429374

Date: December 07, 2010 Venue: World Wide Fund for Nature (WWF), Lahore Time: 09:00 am – 02:45 pm

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26. Dr. Khalid Javeed Director Community Support Concern

0333-4257919

Academia 27. Dr. Kausar J.

Cheema Dean, Faculty of Natural Sciences

Lahore College for Women

0300-4400513

28. Dr. Atta-Ur-Rehman Professor CEWRE, UET 0300-4525860 29. Ms. Faiza Shareef Assistant Professor GC University 03004135933 30. Mr. Zafar Sadiq Botanical Expert Government College

University 042-99213698

Media 31. Mr. Sadiq Balouch Producer News PTV 0333-4388692

LEAD Pakistan 32. Mr. Asif Jah GM, CSD LEAD Pakistan 051-2651511-112 33. Mr. Rizwan Mehboob Expert LEAD Pakistan 0300-5182273 34. Mr. Iqbal Ahmad

Khan Focal Person LEAD Pakistan 0345-5266144

35. Mr. Muhammad Hanif Support Staff LEAD Pakistan 051-2651511

Karachi Workshop – for both Sindh & Baluchistan

S. No. Name Designation Organization Contact Number Water Sector 1. Mr. Mohammad Rafiq Director Regulation Irrigation and Power

Dept , Sindh 021-99211446

2. Mr. Umair Ali Sub- Engineer Irrigation and Power

Dept , Bella 0333-7825915

3. Mr. Aziz Zehri Sub Engineer Irrigation and Power Dept , Turbat

0333-3636819

4. Mr. Mohammad Ehsan MD Sindh Irrigation and Drainage Authority

0300-8370193

5. Dr. Nisar Memon Director PCMU, Water Sector Improvement Programme

0333-2822686

6. Mr. Noor Mohammad Memon

Tech Specialist PCMU, Water Sector Improvement Programme

0336-2822686

7. Ms. Rahat Najam Environment Specialist

Water Sector Improvement Programme

0300-2554494

8. Mr. Abdul Aziz Superintendant Irrigation and Power Dept , Quetta

082-411413

Forest Sector 9. Mr. Adbul Munaf

Qaimkhani DIG-Forest Ministry of

Environment, Islamabad

0321-5259339

10. Dr. Lekhraj Kela Ex-Additional Secretary

Sustainable Land Management, Forest

Department

0321-3774073

11. Mr. Taj Muhammad Conservator of Forest and Planning

Forest Department, Quetta

0301-3798840

12. Munir Awan Sec. Forests (R) Forest Department 0300-2182269

Date: December 13th , 2010 Venue: Thardeep Rural Development Programme

(TRDP), Karachi Time: 09:00 am – 02:45 pm

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Misc. Government Departments 13. Dr. Shaukat Hayat

Khan Director General National Institute of

Oceanography 021-9951122

14. Mr. Azam Director Agriculture 0321-3019533 15. Mr. A. Haseeb Dy. Director Agriculture 0300-2106662 16. Mr. Dilshad Ahmad Assistant Director EPA- Sindh 0321-2449848 17. Mr. Fayyaz Manager Marine Pollution

Control Department 0300-2308402

18. Ms. Aisha Muslim Anti- Pollution Officer

Marine Pollution Control Department

0301-2276086

19. Mr. Adnan Hamid Khan Research Officer Sindh Wild Life Dept 0321-2467564 20. Mr. Azhar Khan AD Sindh Environmental

Protection Agency 021-35065621

21. Mr. Hussain Bua OSD Sindh Environment Department

0321-3627268

22. Mr. Shams ul Haq Consultant Sindh Coastal Development

Authority

0300-82783626

NGOs 23. Mr. Zulfiqar Halepoto Advisor Advocacy TRDP, Hyderabad 0300-8377241 24. Mr. Ali Dehlvi Program Economist WWF-P 034555791 25. Mr. Zain Daudpoto Ex. Director I.D.O, Hyderabad 0331-3556353 26. Dr. G. R. Keerio Consultant KK Consultants 0300-3034371 27. Mr. Khadim Hussain Sales Operator

Manager Micro drip 0300-378432

Academia 28. Prof. Dr. Rajab Ali

Memon Professor

Agriculture and Social Sciences

SAU Tando Jam and University of Sindh,

Jamsharo

0300-8377241

29. Mr. Ismail Kumbhar Asst. Professor Sindh Agricultural, University, Tandojam

0301-3569244

30. Mr. Anwar Ul Haq Manger External Affairs

SZABIST , Karachi 0308-2226981

Media 31. Mr. Saleem Sheikh Dawn Reporter DAWN 0300-210662 LEAD Pakistan 32. Mr. Asif Jah Project Director LEAD Pakistan 051-2651511-112 33. Mr. Rizwan Mehboob Consultant LEAD Pakistan 0300-5182273 34. Ms. Sana Masood YPO LEAD Pakistan 051-2651511-118 35. Mr. Iqbal Ahmad Khan Focal Person LEAD Pakistan 0345-5266144

Islamabad Workshop – for Federal, Azad Jammu & Kashmir and Gilgit Baltistan

S. No. Name Designation Organization Contact Number Forest Sector

1. Syed Mahmood Nasir IG-Forest Ministry of Environment,

Islamabad

051-9245589

2. Mr. Adbul Munaf Qaimkhani

DIG-Forest Ministry of Environment,

0321-5259339

Date: January 06, 2011 Venue: Hill View Hotel, Islamabad Time: 09:00 am – 02:45 pm

LEAD Pakistan 69


Islamabad 3. Mr. M. Saleem Bismal Secretary Forest Government of AJ&K 0300-9543781 4. Mr. Muhammad Javaid

Gill DFO Punjab Forest Dept.,

Murree 0300-9692284

5. Mr. Abdul Muqeet Khan DFO Forest Dept., Chakwal

0333-6508961

6. Mr. Ismail Project Director Forest Dept., Gilgit-Baltistan

0340-5404842

7. Mr. Saadat Ali Khan Conservator Punjab Forest Dept., Rawalpindi

0300-5227202

8. Mr. Mazhar K. Qureshi DFO (Rtd.) Punjab Forest Dept., Rawalpindi

0333-5531923

9. Raja Tariq Mahmood DFO, Ghuzara Forest

Punjab Forest Dept., Rawalpindi

0301-5244035

10. Mr. Saqib Mahmood DFO Punjab Forest Dept., Rawalpindi

0321-8500100

Water Sector 11. Dr. Bashir Ahmad Director Water Resource &

Research Institute, PARC

051-8443660

12. Mr. Muhammad Yasir PSO Water Resource & Research Institute,

NARC

051-9255206

Misc. Government Departments 13. Mr. Farhat Ali Mir Secretary Planning &

Development Dept., AJ&K

0300-5384019

14. Mr. Naseem Afzal Baz Director, Env. & Forestation

National Highway Authority

0302-8505092

15. Ms. Rubina Kausar Assistant Director National Highway Authority

-

16. Ms. Nazia Zakir Deputy Programme Manager

Planning Commission 051-9093626

17. Raja Attaullah NRM Specialist Sustainable Livelihoods in Barani

Areas Project, Government of

Punjab

0346-5419183

18. Syed Imtiaz Hussain Shah

Programme Developer

Sustainable Livelihoods in Barani

Areas Project, Government of

Punjab

0321-9111123

19. Dr. Bashir Ahmad Wanni

Advisor Sustainable Land Management Project,

MoE

0321-5179203

20. Dr. Aurangzeb Khan Chief Environmentalist

Planning Commission, Planning &

Development

051-9219396

21. Mr. Imtiaz Ahmad Director PARC 051-9209913 22. Ms. Rubina Akhtar PSO PARC 051-9255042

NGOs & Donor Organizations 23. Mr. Shafqat Kakakhel Advisor SDPI 0331-5122593 24. Mr. Kanwar M. Javaid

Iqbal Senior Research

Associate SDPI 0300-9740966

25. Mr. Sakandar Ali Senior Governance DFID 0300-8505359

LEAD Pakistan 70


Advisor 26. Mohammad Qasim Coordinator WWF-P 0321-5828006 27. Azhar Qureshi Executive Director Eco Conservation

Initiatives 0300-

9565378 28. Ms. Helga Ahmad Advisor IRST 0333-5237661 29. Mr. Ghulam Murtaza Belour Advisory and

Social Development Organization,

Gilgit

0344-5800975

30. Mr. Ali Ahmad Jan Director SSPL 0300-5355318 31. Mr. Pervaiz Ahmad Programme

Manager AKF-P 111-253-254

32. Mr. Muzaffar Aziz Iqbal Senior Manager PPAF 0321-5115321 33. Mr. Aftab-ur-Rehman

Rana CEO Sustainable Tourism

Foundation 0300-9742158

34. Mr. Malik Muhammad Khan

R&D CCF 051-5509434

35. Mr. Arshad H. Abbasi Consultant 0333-5144405 Research Institutions & Academia

36. Mr. Munir Sheikh Head Climatology GCISC 0321-5171385 37. Mr. Ghazanfar Ali Head Water Section GCISC 0321-5573711 38. Mr. Arif Goheer SSO GCISC 0345-5109473 39. Mr. Ghulam Rasool

Channa Director Bio Resource &

Research Centre 0300-3010721

40. Mr. Ghulam Samad Research Economist PIDE 0333-9102963 41. Mr. Zabta Shahnawaz Chairman, Bio

Technology Quaid-e-Azam

University 051-90643187

42. Dr. Rashid Karim Assistant Professor International Islamic University

0303-5213259

43. Professor Z. B. Mirza President Centre of Environmental

Research & Communication

0300-9762801

44. Dr. Muhammad Pervaz Programme Leader SAARC Energy Centre 0301-9257015 Corporate

45. Ms. Khadija Amir Associate Environmental Programmes

Hagler Bailey Pakistan

0345-5446632

46. Ms. Sarah Aziz In charge CSR Engro Polymer 0321-2588057 Media

47. Mr. Munir Ahmad Manager Development Communications

Network

0333-5162872

LEAD Pakistan 48. Mr. Ali Tauqeer Sheikh CEO LEAD Pakistan 051-

2651511-111 49. Ms. Hina Lotia General Manager LEAD Pakistan 051-

2651511-220 50. Mr. Adnan Kareem General Manager LEAD Pakistan 051-2651511-113 51. Mr. Asif Jah Project Director LEAD Pakistan 051-

2651511-112 52. Mr. Rizwan Mehboob Consultant LEAD Pakistan 0300-5182273 53. Ms. Rafia Rauf Coordinator LEAD Pakistan 051-2651511-203 54. Ms. Sana Masood YPO LEAD Pakistan 051-2651511-118 55. Mr. Iqbal Ahmad Khan Focal Person LEAD Pakistan 0345-5266144

LEAD Pakistan 71


ANNEX-III

Terms of Reference of the Study

Preparation of a background report through research and review focusing on:

Law and policy review with respect to inter-sectoral (water and forestry) provisions, mapping the policy and inter-sectoral linkages and legislation;

Examining the gaps between the international commitments made by the Government of Pakistan and the translation and implementation of these at the national and provincial contexts.

Discuss, review and map gaps of policies and legislations in implementation of forest laws and other inter-sectoral linkages, by presenting the findings of the report at:

LEAD & MOE websites;

All Forester’s Network;

Consultative workshops – three provincial & one national;

Upgrade and amend the report based on the critique provided by the e-list and the workshop participants. Final report to contain recommendations for:

Building effective and integrated policies and legislative guidelines;

Suggestions for amendments in relevant laws, rules and regulations of forestry, water sector.

LEAD Pakistan 72


The End

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