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POLICY BRIEF ON ENVIRONMENTAL
GOVERNANCE FOR EFFECTIVE CLIMATE CHANGE
ADAPTATION TO RESOLVE CRITICAL ENVIRONMENTAL
ISSUES OF THE INDIAN HIMALAYAN REGION (IHR)
Presentation By: Naysa Ahuja
Enviro Legal Defence Firm In collaboration with
Environment, Law and Development FoundationAugust 2015
SCOPE OF WORK &
APPROACH
SCOPE OF WORK AIM: integrated strategy for governing of resources and mountain
societies in IHR
DELIVERABLE: Policy brief to identify and analyse good environmental policies and practices for IHR for effective climate change adaptation
RESEARCH METHODOLOGY: Desk-based, interviews, & Workshop
DURATION: 60 days (draft policy brief)
APPROACH: livelihood, landscape, integrated, transboundary,
ASSESSMENT: Existing policies, Action plans, judicial position on climate adaptation (National, IHR states and International)
CORE SECTORS- Energy, Agriculture, Forest & Biodiversity, Urban Development, Waste Management
This is the First Draft Policy Brief!
OVERVIEW OF THE PAPER Climate Adaptation & its Status in India Principles for framing IHR integrated policy International Mountain Context Good practices Policy findings & recommendations Policy Takeaways
IHR AND CLIMATE CHANGE ADAPTATION
IHR-MOUNTAIN AND DEVELOPMENT CONTEXT
GEOGRAPHICAL COVERAGE: 5.37 lakh km2
ADMINISTRATIVE COVERAGE: 10 states and 2 states partially
HABITAT: Home to around 74 million people
ECOLOGICAL SIGNIFICANCE: one of the 34 biodiversity hotspots ; 60 eco-regions, 330 important bird areas, 53 important plant areas Supports some of the major river systems of the world for India, Nepal, Bangladesh, China, Bhutan and Pakistan and a large number of wetlands
WHAT IS CLIMATE CHANGE ADAPTATION AND WHERE ARE WE ON IT?
DEFINITION: Adaptation involves how communities adjust to the changing climate and thus, the involvement of local communities is a must
NEED: Integrated regulatory framework
ACTUAL SITUATION: Long way to go!
ENVIRONMENTAL JURISPRUDENCE,INTERNATIONAL CONVENTIONS,
NATIONAL POLICIES&
JUDICIAL ACTION
KEY PRINCIPLES FOR ENVIRONMENTAL GOVERNANCE FOR CLIMATE CHANGE
Sustainable Development Precautionary Principle Integrated natural resource management Decentralized Governance Gender and Equity Policy and Policy Measures as a continuous Process Respecting traditional community practices Transboundary approach Focus of Adaptive Measures
INTERNATIONAL MOUNTAIN CONTEXT STAGE OF INFANCY
1st transnational agreement on mountain- Alpine Convention- entered into by nine states, including EU in 1991
UNCED :Agenda 21; Chapter 13 on sustainable mountain development
INTERNATIONAL GOOD GOVERNANCE POLICIES
Bhutan: National Adaptation Program of Action (NAPA)
Nepal: Climate Budget Code
China: National Adaptation Strategy
NATIONAL CONTEXT ON CLIMATE GOVERNANCE IN IHR
Constitutional Guarantees on Environment: Article 48A and Article 51A (g)
National Policy on Integrated Development of the Himalayas, 1992
National Mission on Sustaining the Himalayan Ecosystem (NMSHE) under the National Action Plan on Climate Change (NAPCC) 2008
Guidelines on Governance of Sustainable Himalayan Ecosystem (GSHE), 2009
SAPCCs & State Policies: Energy, Agriculture, Forest & Biodiversity, Town Planning & Urbanization
JUDICIAL INTERVENTION IN IHR Role of Apex Court
Order in Godavarman matter
Order in Narmada Bachao Andolan
Lack of conspicuous order on IHR per se
Reason??
Example of how judicial activism can contribute
Court orders in Netherlands
COMMUNITY ADAPTATION CASE STUDIES
CLIMATE CHANGE ADAPTATION BY COMMUNITIES
Few Best Practice Examples Sikkim: Traditional Agrodiversity
Uttarakhand: NabuSamo and Kathburiya Devi, rain water harvesting practices, Sacred God Sites
Arunachal Pradesh: Sacred Groves
Nagaland: Pycohydel Projects
Himachal Pradesh: Ecosystem Service Charges
Assam: Tracking ant movements
KEY POLICY RECOMMENDATIONS
POLICY RECOMMENDATIONS INTEGRATED POLICY FOR IHR
Sectoral Approach with cross cutting themes Clustered approach Specific law with state guidelines
ADMINISTRATIVE AND LEGAL CHANGES Review of legal and administrative mechanism Amendments in laws: Central and State Amendments to policies Creation of Taskforce for formal mechanism with MOEFCC
as nodal agency Training of various line departments and other
implementing agencies Strengthening institutional coordination Cumulative assessment of integrated projects from a
climate adaptation perspective Coordination among all line departments
POLICY RECOMMENDATIONS(CONTD….) RECOGNITION OF TRADITIONAL PRACTICES
Preserving traditional knowledge Community Intellectual Property Formal recognition system based through digital libraries Recognizing and validating community efforts through
legal measures
EFFECTIVE LAND USE PLANNING WITH TRANSBOUNDARY APPROACH FOR ECOSYSTEMS
INTERNATIONAL COVENANTS AND AGREEMENTS Meet national obligations through effective legal &
programmatic interventions
POLICY RECOMMENDATIONS(CONTD….) FINANCIAL SUPPORT TO IHR
long-term investment programme Promote self-generating mechanisms on resources
mobilisation stronger financial security net- climate insurances
REGULATORY AND INSTITUTIONAL CHANGESo Inter-department Coordination!o Understanding of Climate Adaptationo Cumulative Assessment
TRAINING AND CAPACITY BUILDING OF COMMUNITIES
RESEARCH AND DEVELOPMENT Technology Social Policy
KEY POLICY TAKEAWAYS Bring consonance to relevant state laws of IHR states with
the SAPCC, NMSHE and GSHE Empower communities to engage in resource utilization
understanding location-specific vulnerabilities and needs Clearer two-way link between science, policy and practice Scientific evidence on climate change basis for policy-
formulation Mechanisms to ensure the policy brings about adaptive
change in the community practice Implementation plan and specific programmatic
intervention must flow out of approved SAPCCs of each state
Statutory backing to the policy followed by time-bound action plan monitored and enforced by a statutory body
Avoid pilot or model approach which is limited to time-bound funding
POLICY TAKEAWAYS (CONTD.) Incorporate climate adaptation in the planning of every
environmental policy Climate adaptation to be intrinsic good governance indicator at
every level SAPCC and state laws to ensure place-based and locally-driven
adaptation measures are adopted in a time-bound manner Training and capacity-building of communities and implementing
authorities on climate adaptation in various sectors Enhancing adaptive capacities & strategies through defined
institutional support at different levels Developing Climate Fund such as in Nepal Budget Code “Policy fragmentation” and “institutional barriers” to be
addressed through National adaptation policy-response assessments
Gender-focused livelihood diversification to transform role of women from vulnerable group to risk managers
POLICY TAKEAWAYS (CONTD.) Adequate funding to communities to explore climate adaptive
practices at local level through central and state level schemes such as MNREGA and through funds available under CAMPA.
Research is needed on the central and state schemes available for promoting climate innovative strategies on livelihood security.
Adaptive traditional management system of agrodiversity needs to be recognized in the National Biodiversity Strategy and Action Plan as well as Biodiversity Rules
Disaster preparedness on agriculture system, crop security through appropriate crop insurance policy, better storage facilities, among others.
THANK YOU!
WE WOULD BE HAPPY TO RESPOND TO ANY QUERIES!