Protected Areas Management Ministry of Environment

Government of Pakistan

Ministry of Environment

Office of Inspector General Forests

Islamabad

Final Report

Policy & Legal Reform Study

(GEF – Protected Areas Management Project)

Submitted by

Raja Muhammad Ashfaque

National Consultant & Former Director General

Pakistan Forest Institute, Peshawar

Ministry of Environment

&

Munir Ahmed Awan

Ex-Additional Secretary Forests

Sindh Forest and Wildlife Department Government of Sindh

Policy & Legal Reform Study under GEF – Protected Ares Management Project

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Table of Contents CHAPTER PAGE

Executive Summary 5

Acknowledgment 6

1. Introduction 7

2. Review of literature 9

3. Pakistan Forest Policies 13

3.1 An over view of Pakistan Forest Policies with reference to 13 Community Participation (CP) and Protected Areas (PAs)

3.2 Hazara Forest Settlement 13

3.3 Forest Policy, 1894 13




3.7 National Policy on Forestry and Wildlife, 1980 14

3.8 Pakistan Forest Policy, 1991 14

3.9 Draft National Forest Policy, 2005 15

4. Provincial/Territories Forest Policies 17

4.1 An overview of Provincial/Territories Forest Policies 17 with reference to CP and PAs

4.2 Punjab Forestry Sector Policy, 1999 16

4.3 Sindh Forest Policy 17

4.4 Balochistan Forest Policy 17

4.5 AJK Forest Policy, 2002 18

4.6 Northern Areas Forest Policy 18

4.7 Islamabad Capital Territory (ICT) Forest Policy 18

4.8 NWFP Forest Policy, 1999 19

5. Impact of Policy Statements 20

5.1 Impact of Policy Statements 20

5.2 Mountain Areas Conservancy Project (MACP) 20

6. Community Participation in the Protected Areas 23 Management Project (PAMP)

6.1 An overview of Community Participation in the National Parks 23 managed under the PAMP

6.2 Hingol National Park (HNP) – Balochistan 23

6.2.1 Meeting with Sangal Cluster of HNP 24


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6.3 Machiara National Park (MNP) – AJK 25

6.3.1 Meeting with the officials of AJK Forest Department, 25 and Department of Wildlife and Fisheries

6.3.2 Meeting with Bheri Cluster of MNP 26

6.4 Chitral Gol National Park (CGNP) – NWFP 27

6.4.1 Chitral Gol National Park Project 27

6.4.2 Mobilization of Local Communities 28

7. An overview of existing Wildlife Laws and Gaps with respect to CPs and PAs 29

7.1 An Overview of Existing Wildlife Laws with respect to CP and PAs 29

7.2 West Pakistan Wildlife Protection Ordinance, 1959 and Rules, 1960 29

7.3 Pakistan Wildlife Ordinance, 1971 29

7.4 The Sindh Wildlife Protection Ordinance, 1972 30

7.5 Balochistan Wildlife Protection Ordinance, 1974 and Rules, 1975 30

7.6 Punjab Wildlife Acts and Rules, 1974 31

7.7 Azad Jammu and Kashmir Wildlife Act, 1974 and Rules, 1985 32

7.8 NWFP Wildlife Act, 1975 32

7.9 Northern Areas Wildlife Preservation Act, 1975 32

7.10 Comparative Study of Existing Wildlife Laws 33

7.11 Capacity Building Measures 33

7.11.1 Training Courses and Degree in Wildlife Management 34

7.11.2 Strengthening OIGF 34

7.11.3 Pakistan Forest and Wildlife Academy 34

8. Wildlife Laws, Community Participation and Legal Provisions 37

8.1 Wildlife Laws 37

8.2 Community Participation 37

8.3 Community Participation Legislation 38

8.3.1 Customary and Statutory Laws 38

8.3.2 Community Participation and Land Tenure 39

8.4 Draft Legal provisions 39

9. Policy and Legal Initiatives 43

9.1 Ensure Expansion of PAs Categories.

9.2 Ensure Community Participation in the Management of PAs. 43

9.3. Ensure coordination between Communities and the PAs 43 Management Authorities.

9.4 Ensure to establish Village Conservation Fund for development 43 activities enlisted in the Community Action Plan.


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9.5. Ensure Public-Private partnership to promote and develop 43 PA resources.

9.6 Ensure financial assistance for PAs by the Federal Government 43 during and after the completion of PAMP.

9.7 Ensure preparation and implementation of PA Management 44 Plan based on modern ecosystem approach.

9.8 Ensure constitution of National Board for WL Management 44

9.9 Ensure capacity building of PAs specific communities and 44 provide social, economic and technical facilities to make them self reliant.

9.10 Ensure capacity building of officials and staff of PAs in the 44 protection, preservation, conservation and management of wildlife with special focus on social sciences.

9.11 Ensure capacity building and strengthening of the OIGF. 44

References 45

Annexures

Annex-1 List of Persons Contacted 48

Annex-2 Terms of Reference For 49

Annex-3 Collection of Data 51

Annex-4 Abbreviations 53

Annex-5 Draft Wildlife (PAs) Ordinance, 2008 55

Annex-6 Draft Notification of PAs Management Category Rules, 2008 59

Annex-7 Draft Notification of Community Participation Rules, 2008 67

Annex-8 Draft Wildlife (PAs Community Officer) Ordinance, 2008 77

Annex-9 Draft PAs (Management Plan) Ordinance, 2008 78


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EXECUTIVE SUMMARY

Pakistan has diversity of wild animals with some endemism in mammals and reptiles, a great

diversity of habitats and 12% of its land area mainly under three kinds of PAs i.e. National Parks, Wildlife Sanctuaries and Game Reserves. However, wildlife has declined and habitats have degraded due to many factors, including one of the major factors of inappropriate management approach that remained limited to protection of wildlife through enforcement of law.

This approach failed to achieve the objectives due to weak enforcement of law and alienation of

local communities. Lately due to getting information regarding and exposure to successful wildlife conservation approach, involving communities with economic incentives, in some other countries of the world, especially “Campfire Program in Zimbabwe “ this approach has been tried successfully in the community owned (de jure or de facto) areas in NWFP, Northern Areas (NA) and Balochistan.

However, community participation in PA management is yet not a norm or practice since it has not

been institutionalized in policy and legal framework. Now, when the global, regional and local experience supports community participation, it is timely that this approach is adopted as a best practice through policy and legal reform.

This report reviews the situation in Pakistan in the context of regional and global experiences, and

international obligations. This is intended to ascertain guiding principles to formulate legal and policy reforms and enabling laws for community participation in the collaborative management of Protected Areas as well equitably sharing benefits from the resources.

Existing wildlife laws are reviewed in chapter seven to identify gaps with special reference to

community participation and protected areas management. Current situation of three National Parks (NP) being managed under the Protected Areas Management Project (PAMP) namely Machiara NP, Hingol NP and Chitral Gol NP was also assessed. Meetings were held with the Park Management Authorities, Communities and other Stakeholders to acquaint with problems, if any, in the collaborative management of the Protected Areas. Information thus ascertained formed the basis for policy initiatives which in turn assisted to design legal initiatives to provide laws enabling community participation and protected areas management as laid down in chapters eight and nine. Draft Wildlife Laws are attached as annexures.

Besides, it has been recommended to ensure preparation and implementation of Protected Areas

Management Plan, promote wildlife research and education to ensure capacity building of the highest level for related department, communities and agencies, meeting national obligations under different international agreements and strengthening Office of the IGF. In order to firm up these recommendations, it has been suggested to constitute a National Board for Wildlife Management, create Pakistan Forest and Wildlife Service, establish Pakistan Forest and Wildlife Academy, revise and up grade Wildlife courses at PFI to award degree in Wildlife Management, restructure PFI organization on university pattern, and legally binding management of Protected Areas under a Management Plan. For the sustainability of PAMP during and after its successful completion of the project period, Funds for Protected Areas is also recommended.


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ACKNOWLEDGMENT

We are highly grateful to Dr. Bashir Ahmed Wani, Inspector General Forests to allow time at our disposal in view of extent and depth of study involving far and wide travel and diversified interaction with stakeholders and officials in the country.

Absolute justice to the study would not have been possible without full cooperation and facilities

provided by all the heads of forest and wildlife departments of the country including Project Directors and staff of the National Parks being managed under GEF – Protected Areas Management Projects (PAMP). Their keen interest and discussion without reservation relevant to the study is highly appreciated.

We are obliged to the worthy environmental organizations WWF and IUCN of Pakistan for

facilitating visit to the Protected Areas (National Parks) with the community organizations and arranging meetings to obtain first hand knowledge of the impact of ongoing activities of the National Park Management Plans.

It would not be possible to thank individually a number of colleagues, friends, field officers and staff

who graciously contributed during discussions in the meetings. As such, they deserve our appreciations for their cooperation of the highest consideration and valuable suggestions.

Thanks are also due to Mr. Muhammad Affan Ali for typing and composing the manuscript of this

study.


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1. INTRODUCTION: 1.1 Introduction.

Pakistan has a variety of ecosystems existing within a wide range of ecological zones starting from

Indus delta and coastal wetlands in the south, covering a vast area of dry tropical deserts and thorn forests in central plains of river Indus and semi arid scrub lands of Pabbi hills of Pothohar, to subtropical broad leaved evergreen scrub forests, dry and moist temperate coniferous forests and cold deserts occurring in the confluence of world famous Karakorum, Himalayas and Hindu Kush mountains in the northern parts of the country.

These ecosystems are playing a pivotal role in protecting soil, regulating clean water and providing clean air as a life support for human beings as well as a variety of flora and fauna. In fact, the flora and fauna would compete to produce a variety of species i.e. biological diversity best suited to the habitat in a given ecosystem.

Although, richness of species in Pakistan is indicated in its flora (>11,000 species) and fauna

(>8,000 species), the endemic species are only 459, and out of these 75 species of mammals, birds, insects and other remain threatened. The status of flora under threat remains to be investigated. Some of the rarest animals and plants have already disappeared and the remaining are critically threatened due to degradation of ecosystems and habitats caused by deforestation, overgrazing, soil erosion, water logging and salinity compounded with demand for natural resources by the ever increasing population in the country. Therefore, it became imperative for the policy makers and the environmentalists to save these fast depleting and fragile ecosystems and thus conserve biodiversity for food security and poverty reduction for now and posterity.

Pakistan became signatory to Convention on Biological Diversity (CBD) at the Earth Summit in

Rio de Janeiro in 1992 and the Cabinet ratified the same in 1994. The Biodiversity has been defined by the Conventions as “the variability among living organisms from all sources including inter alia, terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are part; this includes diversity within species, between species and of ecosystems” (BAP 2000).

Pakistan prepared a Biodiversity Action Plan (BAP) in the year 2000 to meet objectives delineated

by the CBD aiming to conserve biodiversity for sustainable use and equitable sharing of benefits for the well being and security of the nation. The CBD, being the most important international forum, recommended under its Article 8 to establish Protected Areas (PAs) for the conservation of biological diversity. Under Article 2 of the CBD, a Protected Area is defined as a “geographically defined area, which is designated or regulated and managed to achieve specific conservation objectives” (CBD Technical Series 15, 2004).

The BAP (2000) identified 225 PAs comprising of 14 national parks, 98 wildlife sanctuaries, 97

game reserves and 16 remaining unclassified. Majority of these PAs were established in 1970. However, these have been gradually deteriorating due to lack of attention and public support. This is further supported in findings presented during proceedings of the workshop held in January 2007 on Revision of Balochistan Wildlife Protection Act, 1974, that non-involvement of local communities as well as non-provision of economic incentives to the communities and other stakeholders were some of the gaps leading to a decline in the wildlife resources. Ashish Kothari (CBD Technical Series No. 15) asserted that


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detrimental influence would continue to affect PAs unless it was shown that PAs had benefits for people, or were in some way linked to their lives. The BAP identified some of the major issues related to the Protected Areas (PAs) that are the limited categories of PAs; lack of comprehensive PAs Management Plan; shortage of suitable trained personnel and above all inadequate provision of laws. It further stressed that the legislation support was required for implementation of many of the articles of the Convention on Biological Diversity. Although the existing wildlife Acts, Forest Act and Environmental Protection Act were related to the conservation and protection of components of biodiversity (forests, wildlife, and fisheries) but were inadequate to provide legal back up to many categories of protected areas under biodiversity and moreover fell short of ensuring community participation for effective implementation of the laws. The present study intends to review and identify gaps in the existing wildlife laws to determine need for amendments and provide legal framework to community-based institutions for effective planning, management and enforcement of law.

Lessons learnt from the case studies on PAs in different member countries, the World Commission

on PA (1988) arrived at the conclusion that PAs would not survive unless they enjoy public support and this would exist unless people’s fundamental rights are met. The Office of Inspector General Forests, Ministry of Environment, Government of Pakistan accepted it as a guiding principle to formulate draft legislation for enabling community participation in establishment and management of PAs in Pakistan. Despite the fact that relevant laws exist for Wildlife but these are more regulatory than participatory and have failed to check continued degradation of wildlife habitat and `fragile ecosystems. The fact remains that unless the local communities are empowered to participate in the management through legislation, the slogan of biodiversity conservation and its sustainable use in the PAs would remain a far cry.


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2 REVIEW OF LITERATURE

Despite the fact that local communities remained custodians of renewable natural resources over the years but were often denied legitimate and customary right of access and benefit sharing of these resources. Due to lack of sense of ownership, the communities felt deprived and alienated leading to non-cooperation and weak enforcement of law with the result that wildlife and its habitat continued to decline. The command and control attitude of the officials continued to widen the gap between them and the communities for cooperation and collaborative management of the resources. The term "Collaborative Management" (CM) is described as a situation in which some or all of the relevant stakeholders in a protected area are involved in a substantial way in management activities. The term is also referred as co-management, participatory management, joint management, shared management, multi-stakeholder management, or roundtable agreement. In the CM process, the Terms of Partnership (ToP) is drawn between the authority over PAs and the local residents and resource users, which specifies and guarantees their respective functions, rights and responsibilities (Borrini-Feyerabend, 1996).

An International Convention on Biological Diversity (CBD) signed by Pakistan in 1992 provided to establish a net work of Protected Areas in the country with the objective to protect wildlife and their habitat by involving local communities with assurance of an equitable sharing of benefits under the terms of partnership agreed upon by the officials and the community organization. Another component of CBD provided to give legal cover to strengthen community organization formed by the custodians of the Protected Areas for effective law enforcement and financial assistant for development activities. It is in this context that literature is being reviewed in the following paragraphs to draw lessons to assist the present study on legal and policy reforms leading to development of draft legislation for enabling community participation in the establishment and management of Protected Areas in Pakistan.

In order to protect Biodiversity Areas, the Biodiversity Action Plan for Pakistan (2000) emphasized to involve local people and support of competent institutions. Biodiversity Areas are places for the conservation of biodiversity at the global, regional, or sub-regional level. This approach aims to identify, document and protect systems of such areas. Biodiversity areas are identified using four selection criteria; (1) Threatened species (2) Restricted: range species with small global distribution; (3) Biome: restricted assemblages (sets of species confined to a particular broad habitat type, or biome) and (4) congregations of species that gather in large numbers at particular sites during some stage in their life cycle (Eken, G. 2004).

The IUCN (1994) defined a Protected Area as "an area of land and/or sea specially dedicated to

the protection of biological diversity, and of natural and associated cultural resources, and managed through legal or other effective means". The IUCN developed a classification of PAs that comprised six categories i.e. from strict wilderness reserve to managed resource protected area. UNESCO developed the concept of Biosphere Reserve – a protected area including a "Core Zone" (dedicated to conservation), a "Buffer Zone" (suited for research, recreation and tourism) and a "Transition Zone" (comprising agriculture, settlements and other human uses of natural resources). Biosphere Reserves, in particular, were designed to be “demonstration sites of harmonious relationships between man and natural environment."

National Policy directives on protection, conservation and management of PAs cannot be

implemented without a comprehensive Management Plan. It provides continuity and consistency of policy regardless who may hold charge of forest for the time being (Khattak, 1973) and the same applies to the management of PAs. Therefore, the policy directive enabling community participation has to be reflected in the WP to ensure equitable sharing of benefits and needs of the local communities at forest level


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(Abeedullah, 1993). This is supported by Thomas (1998) who laid emphasis to manage PAs categories under a Management Plan, a document that coordinated works of all tiers of management and continuity of management specially where staff transfer was frequent and above all provided a shield against vested interests and political interference. He mentioned that in some countries, management plans had a status of legal document, e.g. national parks in Australia, England and Wales have management plans as a requirement of legislation. In Pakistan, there is no such provision in the existing Provincial Wildlife Acts.

In order to address environmental problems, conservation of renewable natural resources, poverty

reduction and need for community participation in achieving targets backed up with legal provisions, the IUCN-Pakistan prepared a National Conservation Strategy in 1992 to provide not only systematic base line data but also suggested measures to use scarce resources on a sustained basis without jeopardizing fragile ecosystems of the country. The Government of NWFP was the leading province to prepare Sarhad Provincial Conservation Strategy (SPCS) in collaboration with IUCN-Pakistan in 1996. The strategic measures proposed in the SPCS regarding the management of resources were adopted as policy guidelines in the New NWFP Forest Policy, 2001. The Government of Balochistan, having the largest area and the smallest population as compared to other provinces, responded to its meager natural resources and prepared Balochistan Conservation Strategy (BCS) in collaboration with IUCN-Pakistan (2000). The strategies dealing with environmental and social problems enunciated in the BCS could form the basis of policy elements for the Balochistan Forests & Wildlife Department.

As a consequence of successful implementation of SPCS, the GONWFP, in collaboration with IUCN-Pakistan prepared Chitral Conservation Strategy (CCS) in 2004 and Abbottabad State of Environment and Development (SOED) in 2004 to provide base line data and evaluate current status of key sectors to firm up measures to conserve resources on sustained basis. Due to its fast declining resources, the GO Sindh followed NWFP & Balochistan and sought expertise of IUCN – Pakistan in preparing a document on Sindh State of the Environment and Development (SOED) in 2004 to examine current status and provide a platform for decision making in their development programmes of key sectors and future planning to manage over all resources and their prudent use.

The present day problems of global warming, environmental pollution, climate change

compounded with ever increasing population have been a result of centuries old practices of indiscriminate and over use of resources. Pakistan is no exception to these problems resulting in tremendous pressure on its scanty resources and social life style manifested in many ways such as degradation of forests, loss of biodiversity, erosion of cultural traditions, decline in food security and emerging of social problem e.g. drug abuse and growing level of female poverty (IUCN-Pakistan, NAs SOED 2003).

Although Protected Areas covers, 11.5 percent of the earth's land surface but the value of this

Earth's "Natural Capital" is poorly understood and greatly under-valued by markets, politicians and the general public. This means that PAs have been under-valued when land and resource decisions were made. When a PA generates no obvious commercial returns, conventional economic analysis suggests it has no value. However, none of the methods can fully quantify the values of PAs in tangible ways that would sway funding agencies and policy makers. On the other hand, total economic values taken together could make a better case for increasing support for PAs as an economic asset within local and national economies (Barber, 2004). Chape (2005) stated that the importance of protected areas was reflected in their widely accepted role as an indicator for global targets and environmental assessment.

A workshop organized by WWF-Pakistan and World Bank on "Development of Performance

Indicators for the management of PAs of Pakistan" concluded that "no qualitative and quantitative loss of


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biodiversity" should be the basic criterion for assessing effectiveness of PAs and be adopted as the Principal Performance Indicator for the Conservation of PAs. In this workshop, it was also recommended that the site for the creation of PA should be reasonably large to accommodate a viable population of wildlife species, almost true representative of the ecosystem in terms of flora and fauna, specially the endangered or endemic species and minimum conflicts with the adjoining communities (WWF-Pakistan, 2002). In order to achieve more effective protection of threatened ecosystems and species, the World Park Congress (2003) emphasized the need to protect PAs in the context of larger landscape, addressing issues of poverty and development, governance and empowerment, benefit and cost sharing.

An International Workshop on Joint Forest Management (JFM) organized by the Ministry of

Environment and Forests, Government of India, in June 2000 recognized the principles of JFM as a pre-requisite for eliciting active support of local populations in PA management. In India, JFM was initially applied in the degraded forests. After Government notification issued in February 2000, it was extended to all standing forests except forests, which were inside protected areas because timber felling was not allowed inside protected areas. On the contrary, Joint Protected Areas Management (JPAM) was exclusively applied to protected areas aiming at management of all resources and ecosystems within Protected Areas including wildlife. Since the most important aim of a protected area is to protect the wildlife inside, therefore, it was imperative for the communities to conserve and manage the area with a special emphasis on wildlife (Apte, 2000).

Joint Protected Area Management (JPAM) is another emerging concept, which aims at

conservation of Protected Areas along with ensuring that the livelihood of local communities was met in a suitable manner. However, the Joint Forest Management (JFM) differed from JPAM in its approach that it did not apply to forests within PAs especially because felling was not allowed in the PAs. In contrast, JPAM was applied exclusively to PAs. Where as JFM pertained only to forest management, JPAM was applied o the management of all resources and ecosystems within a PA including wildlife. The most crucial difference was that JFM was geared primarily towards sustain ably managing forests for the benefit of humans. On the other hand, JPAM aimed primarily at Biodiversity conservation and was based on the notion that both protection and conservation (including sustainable use) were the best ways to achieve this (Apte, 2000).

Does devolution of authority under JFM means that the local communities should be handed over full control of PAs? No, it should not be, said Chief Executive of Himalayan Foundation (personal communication); communities should be custodians and not controlling authorities of the PAs. This is supported by Apte (2000) who quoted a precedent about 10,000 village communities who demanded ownership of 40,000 ha of forests in Orissa (India), which they had regenerated and protected. Apte further contended that in many places traditional practices and institutions had broken down, there was inadequate information base and understanding of wildlife, market forces had made inroads into traditional societies, there was a high degree of politicization and corruption in village bodies, and younger generations were not necessarily inclined to follow in the footsteps of their elders. Apte laid emphasis that the state, including the forest department as a government body, which implements laws, had a key role to play. Besides, the villagers recognized their own limitations and often demanded of the government help in curbing destructive activities of outsiders.

Davey (1996) while commenting on the National Protected Areas System in Pakistan observed that many forest areas declared as protected areas retained dual status of management as reserved forest or protected forest as well as protected areas, and as a consequence, there was no clear view of objectives and management policies after the area acquired protected areas status. Maqsood (2007) while reviewing and analyzing management of selected protected areas in Pakistan (draft report) concluded that although


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the Wildlife Departments were independent in NWFP, Punjab and AJK but shared authority over the PAs with the Forest Departments. He recommended the empowerment of an independent wildlife department with complete authority over protected areas. Moreover, he stressed the need to revise and up date forestry and wildlife courses being taught at the Pakistan Forest Institute to meet present day challenges, such as global warming, climate change, desertification etc. He added that there should be a clearly defined National Policy on Protected Areas. He recommended clarifying rights and concessions of the communities living in and around PAs and is given legal cover to their participation in the collaborative management of PAs, which is hitherto missing in the existing wildlife laws.

While formulating laws enabling community participation in the management of PAs, it is imperative

that the rights of the community over land or natural resources based on historical claims should be legally secured; legal status and authority of the community organization is clearly defined and that the bye-laws have legal back up. Lindsay (1998) asserted that the successful community based management required legal regime that allowed local community based institutions to define, preside over and redefine the rules of resource used. However, the status of community based management remained uncertain and insecure and even a threat to its sustainability unless supported by the relevant laws designed to address a number of issues including land and tenure; defining the objectives of management and planning matter; recognition of local entities and institutional structures; definition of boundaries; security of rights; enforcement; and the relationship between the government agencies. He stressed that

Designing such legal regimes required careful attention to the need of certainty and flexibility. Certainty is required in defining the limits of state power, and the rights responsibilities and remedies of local groups with respect to the state and “outsiders”. Flexibility, on the other hand, is essential to ensure that the community-based efforts reflect local conditions, cultural values and institutional choices.


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3. PAKISTAN FOREST POLICIES 3.1 AN overview of Pakistan Forest Policies with reference to Community Participation (CP) and

Protected Areas (PAs).

Forest policies have been criticized for their ambitious targets and weak strategies. However, the fact remains that it did create mass awareness in the past two decades about emerging issues like global warming, biodiversity conservation, threatened ecosystems, protection of endangered species of flora and fauna and the need for collaborative management for the sustainable use of natural resources. Since the wildlife has been a part of forest policy, therefore it is being reviewed in the following paragraphs focusing on community participation in the management of protected areas.

Forest Policy of Pakistan dates back as far as 1894 which continued as such after partition in 1947 till 1955. Formulation of forest policies over the years has been difficult and precarious balancing act between scanty forest resource base (4.8%) and demand pressure for fuel wood and timber by the household and industrial sectors coupled with pastures required for livestock grazing. These issues even though addressed in subsequent forest policies could not create impact because these mainly remained concerned with protection and conservation of public forests. People’s participation in the policy, planning and management of resources was not addressed (Abeedullah, 1993).

3.2 Hazara Forest Settlement.

The first settlement of Hazara Forests was made in 1872. The forests were demarcated into

Reserved Forests and Guzara Forests. All acts were allowed to villagers in the use of resources in Guzara forests except those prohibited by the authority. Although mild restrictions were there but the control of forests had been granted mainly to the villagers. Perhaps one would assume it as a small step towards involvement of people to manage their own resources. 3.3 Forest Policy, 1894.

Pakistan inherited this policy in 1947 and its main objective was to protect and conserve state

owned forests for wider public use in a way to meet needs of the people dependent on parts for their livelihood and even allowed agriculture practices on forest land. Since the resource base was abundant and the needs were met adequately, the concept of participatory approach in managing the resource was never felt. In fact, the people helped each other in traditional way to over come their difficulty and resolve social and economic issues amicably by their elders. 3.4 Forest Policy, 1955.

This was the first Forest policy formulated by Pakistan. Under the inherited forest policy, the forest rights and concessions multiplied to the extent that the forests were damaged to meet demands of connectionists and right holders which compelled to formulate new policy directives to address challenging issues relating to forestry and wildlife being faced by the newly emerged state of Pakistan. This led to 1955 policy, which, among other objectives, gave higher priority to intangible benefits of forestry over tangible benefits. There was no recommendation on involvement of local communities in the protection and development of forests. However, this policy did take cognizance of indirect values of forests such as watershed, recreation, environment, protection and prevention of wildlife, regulation of clean water, medicinal plants, grazing and forage production etc. Some forest areas were designated for wildlife


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protection but the activity remained at low priority due to financial constraints and lack of expertise. This may be assumed a small step towards biodiversity conservation and restoring ecological habitat of flora and fauna. Public support for forest conservation through tree plantation campaigns, as usual, remained at lowest ebb due to financial and organizational constraints. 3.5 Forest Policy, 1962.

As against 1955 Policy, this policy gave high priority to tangible benefits (commercial forestry) over intangible benefits. It was over ambitious policy recommending among other objectives, shifting of hill population, acquisition of rights from the Guzara Forests, compulsory growing of a minimum number of trees on private lands, imposing of tax on highly eroded private lands and elimination of goats. Obviously, the people dependent on forest resources became hostile resulting in wider gap between the department and the people in terms of cooperation. Question of community participation remained a far fetched concept under the circumstances during this period with the result that the forests continued to deteriorate as demand for timber and fuel wood continued to increase. Recommendation to grow sustainable tree species in different ecological zones may be assumed as a prelude to establish protected areas in the country. 3.6 Forest Policy, 1975.

After the separation of East Pakistan as Bangladesh in 1971, the changed scenario necessitated to promulgate new forest policy. The Policy was based on the recommendation of National Forestry Committee constituted in 1972. Based on the reports of Technical Sub-Committee and comments from the provincial forest departments, the recommendations were reviewed by the Agricultural Enquiry committee appointed in early 1975. The Policy was finally approved by the Council of Common Interests.

The main focus of the policy statement remained on the improvement of state forestry to the extent

of eliminating rights of local people in public forests. One of the recommendations was to allow the management of private forest owner’s Cooperative Societies. This approach may be assumed as a launching pad to involve people to manage their own resources but this strategy failed due to many reasons, and one of the main of it was vested interest of the big land holders/forest owners who reaped all the benefits at the cost of small owners. 3.7 National Policy on Forestry and Wildlife, 1980.

This Policy was a part of 1980 National Agriculture Policy. For the first time, among other objective, the policy was explicit on involving people for tree plantation, preservation and conservation of nature including wildlife through motivation and creation of national parks to preserve representative ecosystems with its endemic flora and fauna for public recreation and education. The policy encouraged to establish 10 National Parks (including Chitral Gol and Hingol), 84 wildlife sanctuaries and 76 game reserves. However, it lacked peoples support as no mechanism to seek their participation in protection and development of forests and wildlife resources was elucidated. As such, the resource continued to decline under population pressure and inadequate reforestation. 3.8 Pakistan Forest Policy, 1991.

The Policy was comprehensive, innovative and progressive over all the previous policies and formed a part of the National Agricultural Policy announced in 1991. The policy was formulated on the basis


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of background papers presented in the International Seminar on Pakistan Forest Policy held in 1989 at Karachi. The final draft was modified in the light of comments received from the Provincial Forest Departments, Farmers Conference (chaired by the Prime Minister), experts from all sub-sectors of agriculture and sub-committee of the Cabinet. The policy was finally approved by the Prime Minister in May, 1991 and National Assembly during its budget session in June, 1991.

Among other objectives, the policy referred to conservation of Biological Diversity and maintaining

ecological balance through conservation of natural forests, reforestation and wildlife habitat improvement. The goals were set to increase network of Protected Areas for conservation and propagation of flora and fauna from 12 percent of the total area of the country against existing 7 percent. Local participation in the protection and conservation of resources was sought by sharing revenues from trophy hunting and promoting private game resources.

Although the policy was explicit in approach to conserve flora and fauna under the pretext to

increase a network of Protected Areas but remained restricted to local participation in sharing benefits from trophy hunting. However, this policy indicated a flexible attitude towards involvement of local people in the protection and conservation of natural resources. Another factor which might have softened perception of the forest and wildlife department officials on community involvement may be attributed to a number of foreign funded participatory forestry projects launched in the late 1980s. The 1991 policy was followed by the preparation of Forestry Sector Master Plan and National Conservation Strategy which laid emphasis on participation and empowerment of communities in the management and sustainable use of natural resources. 3.9 Draft National Forest Policy, 2005.

Since this study intends to provide policy guidelines and measures enabling community participation in the conservation and sustainable use of Renewable Natural Resources (RNR), therefore, it would not be out of place to discuss draft National Forest Policy which is to act as an umbrella policy (after its approval) providing guidelines to Federal Government, Provincial Government and Federally Administered Territories for the management of their RNR.

The draft policy (2005) was formulated through a consultative process and its provisions were also

discussed in the National Seminar held in July, 2001 at Islamabad. The seminar was participated by all the provincial governments, NGOs and other institutions. The draft policy document was also forwarded to all relevant Ministries to solicit their comments. Views and comments received from various stakeholders were incorporated in the final policy document.

The policy is related to RNR of Pakistan i.e. Forests, Watersheds, Rangelands, Wildlife,

Biodiversity and their habitats. Some of the salient features of this draft policy specially on community participation, capacity building, protection, conservation and sustainable use of RNR are reproduced as under:

a. In the poverty alleviation and other development programmes, the policy gives high priority to integrated land use projects for sustainable rehabilitation of RNR with the participation of organized local communities.

b. The policy emphasizes on the sustainable use of Non-Timber Forest Products (NTFP)

through participatory involvement of local communities as income generating activities for the masses.


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c. The policy vows to eliminate interference of non-professionals in the affairs of RNR

management and expects National, Sub-National and Local Governments to institutionalize mechanism for ensuring safeguards for professionals in the discharge of their responsibilities, transparency and accountability at different levels.

d. The policy ensures improving and strengthening institutions responsible for education,

research, management and extension in RNR where these exist, and to create where they do not exist. In this respect, upgrading of Pakistan Forest Institute (PFI) Peshawar and other institutions to impart quality education in forestry and allied disciplines has been stressed.

e. The policy encourages conservation and restoration of fragile ecosystem by urging

provincial governments to;

i. establish and effectively manage Protected Areas (PAs) by devising appropriate institutional mechanisms for the collaborative management of such PAs with the local communities in order to give them an economic and environmental stake in the endeavour.

ii. allow commercial timber harvesting and sustainable management in Reserved,

Protected, Guzara, Demarcated and Private Forests under condition/agreement by the owners and right holders with the forest departments to fully participate in the management and regeneration of their forests.

iii. preserve relict and unique forests such as juniper, chilghoza and blue pine forests in Balochistan, spruce forests of Naltar in NAs and other such forests in partnership with organized rural communities by providing them minimum sustainable subsistence needs from the forests along with appropriate incentives in return for their active participation in the regeneration and protection of the forests.

iv. provide necessary incentives to enlist the participation of the local communities in regulating grazing livestock and managing rangelands in alpine, sub-alpine, arid and semiarid areas of the country and control of desertification.

The policy is explicit in soliciting support of the communities to manage natural resources and their sustainable use. The policy further lays emphasis on the management of PAs and preservation of threatened forest ecosystem in collaboration with organized local communities along with providing economic incentives and sharing benefits from the resources under specific terms of partnership.


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4. PROVINCIAL/TERRITORIES FOREST POLICIES 4.1 An Overview of provincial/territories forest policies with reference to Community

Participation and Protected Areas.

Provincial forest policies have been deriving their strength from the Federal Forest Policies and devising their own policies in accordance with forestry situation and issues in their provinces. Provinces have the authority to determine priorities, develop short and long term projects and to implement them. Provincial forest policies including AJK and NAs with reference to community participation are reviewed as follows: 4.2 Punjab Forestry Sector Policy, 1999.

The Policy was approved by the Punjab Cabinet in December, 1999. This policy, while addressing issues relating to forest, watershed, rangeland and wildlife, proposed measures to be adopted for protection, conservation, management, and sustainable use of natural resources in collaboration with local communities. The policy also commits to remain subservient to the National Forest Policy. Some of the salient features relating to community participation and PAs are enlisted as under:

a. Develop and maintain suitable habitat for conservation and propagation of wild flora and fauna. b. Encourage wildlife farming and ranching in the private sector. c. Maintain biological diversity through establishment of breeding centers, game reserves, game

sanctuaries, zoological gardens etc., to conserve the species and gene pool.

4.3 Sindh Forest Policy.

There is no formal Sindh Forest Policy. The Forest Department continues to follow policy guidelines elucidated in the National Forest Policy, 1991. Sindh Forest and Wildlife Departments may formulate their policy on the basis of recommendation enlisted in a document prepared by the IUCN – Pakistan on "Sindh-State of Environment and Development (2004)". The document specifically recommended involving local people in the conservation of wildlife which proved successful in the remote areas of Sindh. The report suggested giving incentives to farmers for providing refuge and covering to birds by raising small wood lots or groove plantations for roosting. Similarly, the private sector was encouraged to establish game reserves and game farming in every civil district. 4.4 Balochistan Forest Policy.

There is no forest policy and the Forest Department continues to draw its support from the guidelines of National Forest Policy, 1991. The Balochistan Forest and Wildlife Department may intend to formulate its own provincial forest policy based on the recommendations as enlisted in the Balochistan Conservation Strategy document prepared by the IUCN-Pakistan (2000). These recommendations are related to Biodiversity Conservation, Threatened Forest Ecosystems e.g. chilghoza, juniper and mangrove forests, and establishment of protected areas for the protection, conservation and sustainable use of endangered wildlife species. However, the report specifically mentions that the success of these recommendations depend on active participation of communities, e.g. these measures adopted in Torghar Community Conservation Area, Hazarganji National Parks etc proved highly successful.


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4.5 Draft AJK Forest Policy, 2002.

There is no approved forest policy of AJK and the department continues to follow national forest Policy. The draft AJK Forest Policy, 2002 addresses issues relating to fish and wildlife as associated resources of the forests. The policy points to the declining resource of wildlife due to loss of habitat i.e. forests and secondly expanding human population being the greatest threat to the wildlife hunting and poaching. The policy recommended an integrated approach of different government agencies and participation of communities in the protection, conservation and management of wildlife. The success of the community participation depended on providing economic benefits in lieu of protecting wildlife against illegal hunting and poaching. The policy laid emphasis to increase a number of PAs to protect and develop biodiversity.

4.6 Northern Areas Forest Policy.

There is no forest policy formulated for the NAs Forests and Wildlife Departments and continues to follow policy guidelines of the National Forest Policy, 1991. The state of forestry in NAs is dominated by the private natural forests owned by the local communities. The department may like to formulate its own policy in the light of policy guidelines as enlisted in the IUCN – Pakistan document titled NAs "State of Environment and Development (2003)". One of the strategic measures recommended was to involve community in the management of both private and protected forests. It was mentioned in the document that the successful experience of the Mountain Areas Conservation Project (MACP) had demonstrated potential for community management of natural resources in NAs. Another document by the same agency titled NA "Strategy for Sustainable Development (2003)" had recommended establishing a policy and legal framework enabling adoption of collaborative management and devolution of resource management authority to local communities as one of the strategic priorities in the conservation and sustainable use of biodiversity. The document further laid emphasis on Joint Forest Management of both private and protected forests. 4.7 Islamabad Capital Territory (ICT) Forest Policy.

ICT is a separate administrative unit dominated with urban population. An evergreen natural scrub forest on Margallah hills forms a beautiful vegetational background to the Capital of Pakistan. The Park was established in 1980 with a total area of 15883 ha. which includes Margallah Hills Range (12605 ha), Rawal Lake (1902 ha) and Shakar Parian (1376 ha). The Park is administered by the Environment Directorate under the Capital Development Authority (CDA). Forests and Wildlife of the Park are protected and managed under the Forest Act, 1927, West Pakistan Wildlife Protection Ordinance, 1959, Islamabad Preservation and Landscapes Ordinance, 1966, and Islamabad Wildlife Ordinance, 1979. Besides, Antiquities Act, 1975 and Pakistan Environmental Protection Act, 1997 provides protection of archeological features.

The scrub forest of Margallah Hill National Park (MHNP) is classified as subtropical broad leaved

evergreen forest with Kau and Phulai as major dominant species. Two native ungulates goral and barking deer are present in the park. Recovery of Urial and Chinkara (which used to be fauna of the area) is in progress. The Margallah Hills rise from 600 m (Islamabad) to a peak of 1604 m at Rumli Narias. Pine trees and Oak groves can be seen at higher elevations. Some of the major threats to the Park are human settlement, livestock grazing, fire, tree cutting and hunting wildlife.


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The MHNP is being managed under a Management Plan comprehensively prepared by the IUCN in i.e. Park, Rawal Lake and Shakar Parian. The policies related to park recommends to seek assistance of the local habitants in the protection of flora and fauna and at the same time developing Nurpur and Saidpur as model villages to gradually resettle village population living scattered in the Park area. The Policy also recommends restoring degraded sites by shifting quarries and developing recreational and interpretative facilities in the park. 4.8 NWFP Forest Policy, 1999.

The policy was formulated after a consultative process with major stakeholders in the forestry sector keeping in view policy guidelines enunciated in the National Conservation Strategy (1992) and Sarhad Provincial Conservation Strategy (1996). The New Policy claimed to include modern day concepts, the main features of which with reference to community participation/joint forest management and legislation are laid down as under:

a. Ensure participation of local communities and other stakeholders in the planning,

implementation, monitoring and evaluation of natural resource management activities. b. Promote inter-gender equity, and equity between powers and tasks of forests department

personnel and the local communities, and between different groups in local communities.

c. Provide of appropriate incentives for enlisting the cooperation of local communities and for compensating them for foregoing forest uses not consistent with the sustainable management of forests for realizing their social and environmental objectives.

d. Devolve and decentralize authorities and responsibilities both vertically and horizontally.

Devolution in a way to leave the bulk of implementation to the local stakeholders, especially where the forests were owned by the people or where they were the dominant right holders.

e. Promote participatory, integrated and sustainable land use. All forests of natural resources

including forestry rangelands, watersheds, medicinal plants, wildlife, fisheries and sericulture are managed in an integrated manner. Particular emphasis is placed on the involvement of women in this process.

f. Up date forestry legislation to ensure the effective protection and sustainable development

of forests, providing a legal basis for joint forest management with the local communities and relevant stakeholders where necessary.

The Forestry Commission was legislated by the Provincial Assembly in 1999 with mandate to make

policies and review its implementation. Forestry laws were consolidated and revised through Ordinance, 2002 which provided legislation to community participation, joint forest management and establishment of forestry development fund.


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5. IMPACT OF POLICY STATEMENTS 5.1 Impact of Policy Statements.

Protection of wildlife remained an integral part of scientific management of forests that was reflected in almost all the forest policies from 1894 to 2005. After partition, the natural resources including wildlife came under tremendous pressure with increase in population. A separate wing of the wildlife was established in the forest department for effective control and command of the wildlife. In fact, the forest policy constitutes the basis for forest legislation which in turn regulates the use and development of the forest resources. Generally, the legislations have always tended to lay emphasis on the control and policing of the resource rather than needs for integrated planning and management of forest and wildlife resources (Bhargava, 1993). The national policies and directive formed the basis for promulgation of West Pakistan Wildlife Protection Ordinance, 1959 followed by the Pakistan Wildlife Ordinance, 1971. This Ordinance was further amended by the provincial governments of Sindh (1972), Balochistan, Punjab, AJK (1974), NWFP and NAs (1975). However, the wildlife continued to decline to the extent being threatened mainly due to lack of community participation and as a result, week enforcement of law accelerated the process of depletion of natural resources.

The provincial forest and wildlife policies always derived their strength from the national forest policies, and were unanimous in asserting the role of community participation in the management of forests and wildlife. However, providing economic incentives and benefit sharing to the participating communities all along remained a taboo with the forest and wildlife departments. It was not until 1982 that the Aga Khan Rural Support Programme (AKRSP) followed by National Rural Support Programme (NRSP) and Sarhad Rural Support Programme (SRSP) whose successful integrated rural development programmes through community participation provided a base model for others to follow. The opportunity was provided by the Pakistan Forest Policy 1991, Forestry Sector Pakistan and National Conservation Strategy (1992) which stressed the need of involvement of local communities in the policy, planning and management of forestry, watersheds, rangelands and wildlife.

NWFP took the lead in adopting participatory approach, which is reflected in a number of forestry

development projects, launched in the eighties and nineties e.g. Siran Forest Development Project (1980-81), Kalam Integrated Development Project (1981-1988), Malakand Social Forestry Project (1987-2000), Environmental Rehabilitation Project in Malakand Division (1994-2000), Environmental Rehabilitation Project in NWFP and Punjab which remained in operation as Dir-Kohistan Project, Galiat Natural Resource Conservation Project and Murree-Kahuta and Kotli Satian project (1997-2004), and Mountain Areas Conservancy Project (1999-2006) which is now in its second phase. Since its base model of community participation, albeit with minor changes, has been adopted in the Protected Areas Management Projects, therefore, a brief of this model is reproduced as under: 5.2 Mountain Areas Conservancy Project (MACP 1999-2006)

The project, financed by UNDP/GEF, was implemented by the IUCN-Pakistan in collaboration with the Environment Division, Government of Pakistan for a period of seven years. The project was operated in the Northern Areas and NWFP in collaboration with NA Forest Department and NWFP Wildlife Department respectively. The purpose of this project was to establish a collaborative biological diversity conservation and management at larger landscape level, connoted as “Conservancy” between the government and local communities. In NWFP, two sites were delineated for operation of the project as under:


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Tirichmir Conservancy with valleys around Tirichmir peak in district Chitral.

Qashqar Conservancy with valleys of Swat Kohistan, and Dir Kohistan adjoining

eastern valleys of Chitral. Some of the salient features of the project were as follows:

The project focused on organizing, empowering and developing capacity of the local communities to conserve biodiversity for their sustainable use by the communities.

The communities were organized at valley level to form Valley Conservation Committee (VCCs) and Women Committees (WCs).

VCCs were further clustered to form a conservancy level social organization or Conservancy Management Committee (CMC), which was later on designated as Conservancy Management Authority (CMA).

Subsidiary Sustainable Resource Use Plans (SRUPs) based on integrated resource management were prepared in participation with the communities.

VCCs assessed their resources and needs and prioritized them in their Valley Conservation Plan (VCP) for their sustainable use and development. However, SRUPs supported in formulating VCPs.

The VCCs were provided seed money to establish Valley Conservation Funds partially to be shared by the communities through inputs of parts of earnings from the harvesting and marketing of the elements of biodiversity. The funds were meant to defray recurring expenditure on the continuation and maintenance of the project interventions and implementation of the VCPs and SRUPs after the expiry of the project. Only the interest on the capital was to be used to meet the needs of the project.

An endowment fund at Federal Government level called Mountain Areas Conservancy Fund (MACF) was established to support VCFs from the interest accrued on the capital of MACF.

Despite some initial hurdles, that are generally part of any new set up, the development of village physical infrastructure was highly instrumental in the formation of community organizations. The integrated land use planning was a central piece of demonstration inculcating sense of community participation in the policy, planning and management of the resources. After successful completion of the project, the sustainability of the project has been ensured by establishing MACF to support VCFs. Similarly and based on the social model as above, the sustainability of the Protected Areas Management Projects for Chitral Gol (NWFP), Machiara (AJK), and Hingol (Balochistan) National Parks is being strengthened with the Fund for Protected Areas by the Secretariat of FPA, Forestry Wing of the Ministry of Environment, Government of Pakistan.


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Until recent past, there was no incentive for the private land owners and local communities to conserve wildlife. It is only recently that limited trophy hunting quota of limited species of big game animals was allowed from the community managed/controlled hunting areas by the National Council for Conservation of Wildlife (NCCW), which is a ministerial body, chaired by the Federal Minister for Environment with representation of the provinces etc. at the level of ministers, and the provincial governments /NA Administration. This opportunity was created by the experimental successes achieved by implementing the GEF/ UNDP funded pilot project “Conservation of Biodiversity through Rural Development” and the GEF/ UNDP funded full scale project “Mountain Areas Conservancy Project” in NWFP and NA as well as Bar Valley Trophy Hunting Project of WWF- Pakistan.


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6. COMMUNITY PARTICIPATION IN THE PROTECTED AREAS MANAGEMENT PROJECT

(PAMP) 6.1 An overview of Community Participation in the National Parks managed under the PAMP.

Out of 225 Protected Areas in Pakistan (BAP, 2000), only three National Parks of national and

global significance namely Hingol National Park (Balochistan), Machiara National Park (AJK), and Chitral Goal National Park (NWFP) were selected for investment and strengthen PAs network in Pakistan under the PAMP developed in 1997. Global Environment Facility (GEF) through World Bank provided initial cost of more than US $ 10.00 million in the year 2000 for a period of five years. The main objective of the project is to protect and conserve endangered/threatened species of wildlife and their habitat under a comprehensive Protected Areas Management Plan. The PAMP objectives are to be achieved through legally organized communities and equitable benefit sharing of the resources with legal cover. Although Pakistan has achieved target of 12% area under cover of Protected Areas with a network of 19 National Parks designated under Provincial Wildlife Acts much earlier than 2015 set by the Millennium Development Goals (2005), but only three National Parks stated above are being managed under the Global Environment Facility (GEF) through the World Bank. The continuity of the projects during and after their completion is to be ensured through Federal Funding for Protected Areas The status of these parks is reviewed briefly as under: 6.2 Hingol National Park (HNP) – Balochistan.

The project period is five year (2002-03 to 2007-08) and is being implemented by the Department

of Forests and Wildlife, Government of Balochistan. The Park comprises the area from Arabian Sea up to 5 fathom depth to the Dhrun Mountains with its highest point at 1,580 m asl. The coastal plain east of Hingol River is flat and located at about sea level stretching some 12-15 km between the Sangal Mountains and the sea coast. The mud mountains have eroded to form low mountains rising only some 25-100 m above the valley.

The Coastal highway runs for some 109 km through the Park area at some distance from the coast

varying from 0.1 km (Kund Malir) to more than 10 km. Interior of the Park is devoid of any road and other infrastructure. There is no transport service, and camels provide the only means of mobility and commodities in and outside the Park. The HNP covering a total area of 619043 ha is the biggest national park in the Pakistan. It receives low rainfall ranging from 50-150 mm per year. The Hingol River, largest river outside the Indus River System, runs through the Park and forms an estuary before draining into the Arabian Sea. The estuary provides habitat to migratory water birds and a number of threatened and endangered species belonging to marine, estuarine and terrestrial fauna such as Olive Ridley, Green Turtel, Masheer Fish, Houbara Bustard, Spot-billed Pelican, Dalmatian Pelican, Plumbeous dolphin, Balochistan Urial, Ibex, Chinkara, Pangolin, Leopard etc. Flora of the area includes species of Capparis, Prosopis, Acacia, Salvadora, Zizyphus, and Euphorbia etc. Latex (incense) from "Gugul" is extracted and sold in the market. Mazri palm occurs on higher elevations in the northern part of the Park.

The Park has 177 hamlets and villages of various sizes. The total population of the Park including

buffer zone is 8,127. The inhabitants, except the fishermen living in coastal area, almost entirely depend on the resources of the Park.


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The base line data for preparing micro-plan was collected by the experts to identify nature of problems being faced by the communities, dependence and needs from the natural resources, role in conservation of biodiversity, ability to use financial resources judiciously, monitoring and evaluation. In order to execute and implement planned activities enunciated in the micro-plan, Village Conservation Committees (VCCs) and Women VCCs were formed who were also instrumental in collecting and facilitating base line data for the preparation of Village Conservation Development Plan (VCDP). Sangal has a cluster of 11 small hamlets locally called 'Goth', located along with Makran Coastal Highway which was completed in January, 2005. The hamlets extend over a length of 22 km along the coastal highway which is 532 km long from zero point. The inhabitants are mainly dependent upon fishing for living. Rain-fed agriculture, livestock, and labour work outside the village are other sources of income for people from Sangal.

It was in November 2006 that an agreement was reached with VCCs regarding investment

schemes, cost sharing between HNP and the VCC, commitments for regulating resource use, protection of Wildlife habitat in Machi valley and the Hala mountains. The HNP was to provide financial inputs required for various activities, the break up of which was that ten percent of the total amount would be used for capacity building, 40 and 60 percent of the remaining amount for developmental activities and Village Conservation Fund (VCF) respectively. Community was expected to share 20 percent of the cost of developmental activities. Employment of community game watchers was also proposed in the VCDP.

6.2.1 Meeting with Sangal Cluster of HNP.

The President of Sangal Cluster, while appreciating keen interest of Park authorities in the over all

development activities and welfare of the local communities blamed illiteracy, as a cause of their poverty and slow response to organizational set up and training under PAMP. He informed that though there was no immediate threat to their livelihood resources such as fuel wood and fodder collection, grazing of livestock, fishing etc; but is expected to increase with increase in population and emerging of a number of hotels and restaurants along the coastal highway. He maintained that after the establishment of the Parks, there had been decline in illicit hunting and poaching of Ibex, Urial, Chinkara by the local communities who, now under Park Agreement, were committed for the conservation of wildlife in the Machi valley and Hala mountains. He was happy to inform about the primary school being constructed under Parks Agreement which at present was being operated in a make shift hut and also used as a community hall. He appreciated Park's developmental activities such as construction of ponds and bunds, installation of hand pumps, training in hygiene, mother and child care, supply of plant seeds and saplings, training in skills for cottage industry. He observed that an efficient communication system would further improve their conservation of wildlife if their Sangal Cluster was provided with a wireless system connected with RFO/Game Watcher at Agore near Kund Malir.

Park Manager informed that although the land of the national park belonged to the state the communities had the traditional usufruct rights of grazing, collection of fodder, fuel wood and scanty rain fed cultivation. Since job opportunities were non-existent, except seasonal fishing by a few, therefore communities completely depended upon livestock raising which comprised of mainly of goats followed by sheep, camels and cows. It was informed that harsh climatic conditions and extremely low erratic rainfalls were not suited to raising buffaloes and cows. It was assured that economic incentives could bring coveted interest of local communities to form organizations and thus assist the park management in achieving the project objectives. It was expected that the proposed trophy hunting in the buffer zone, eco-tourism, pilgrimage to cultural heritage etc were likely to pay dividends as soon as the partnership role of communities in collaboration with the forest and wildlife department was accepted.


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The Park Manager believed that the existing Wildlife Acts were inadequate to respond to the

modern days concepts of biodiversity/protected areas, park zoning, community participation etc and should be strengthened to include village conservation fund and national park trust funds to build confidence and self reliance of the communities to continue with the project activities even after the project was over. 6.3 Machiara National Park (MNP) – AJK.

It is located 35 km from Muzaffarabad in the Neelum Valley river at an elevation ranging from 1,300

m to 4,700 m (17,000 to 15,530 ft) on an area of 13,532 ha (33,437 acres). The Park is traversed by many natural water courses, the major among these are Sarsangar, Serli Sacha, Machaira and Seri Bheri nallahs.

The Park area is dominated by the moist temperate forests comprising of conifer species of Fir,

Spruce, Deodar and Kail interspersed with broadleaved species of Oak, Walnut, Bankhor and Burmi. The ground flora has more than 250 plant species including 47 important medicinal plants that are collected by the local people for treatment of ailments in human beings as well as diseases in animals. In the upper reaches of the Park, alpine pastures provide summer grazing grounds for the livestock of the local communities.

Major wildlife species reported in the park are Snow leopard, Common leopard, Brown and Black

Bears, Himalayan Ibex, Musk Deer, Markhor, Rhesus Monkey, Grey Langoor, Grey Goral, Western Tragopan, Chukor, different Pheasant species and Partridges. Snow leopard, Musk Deer and Western Tragopan are listed as endangered species in the schedule 1 of the Convention on International Trade in Endangered Species (CITES).

Keeping in view declining forests and wildlife resources, the Government of AJK declared the

Machiara forest area as a Game Reserve in 1982 under the AJK Wildlife Act 1975.and a National Park in 1996. In the year 2000, The Government of Pakistan in collaboration with GEF prepared a five year plan for the management of this Park under the PAMP which came into effect in March 2003. The main objective of the project was to involve local communities in the protection, conservation and management of natural resources and empowering village conservation committees through income generating activities, establishment of endowment/village conservation fund and capacity building so that the committees could continue to function on self sustained basis even after successful completion of the project.

6.3.1 Meeting with the officials of AJK Forest Department, and Department of Wildlife and Fisheries.

Their views and comments are presented as under:

The draft AJK Forest Policy 2002, recommended increase in the number of PAs to protect wildlife and biodiversity through community participation who would comply with the terms and conditions provided they were assured economic incentives and benefit sharing in lieu of protecting wildlife and their habitat in the PAs. The CCF AJK informed that the greatest threat to wildlife was through the destruction of forests, expanding human population, easy road accessibility, easily available automatic weapons, rolling debris due to road construction. He believed that the problem of dual management of PAs can be resolved at the higher level and should not be a cause of concern. He said that the Forest Department was extending cooperation of the highest consideration to the Wildlife Department and soon two more forest areas in Banjosa and Gagai would be declared National Parks along with two Game Reserves one each in Dera and Pirchinasi. Project Director of MNP informed that the objectives of the Park were being achieved


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through locally organized Village Conservation Committees who were instrumental in preparing and implementing Community Action Plan in collaboration with the Project Officials and the Wildlife Department under the Terms of Partnership. 6.3.2 Meeting with Bheri Cluster of MNP.

The Mustahkum Shadab Wadi Bheri Society was comprised of a cluster of 12 Village Conservation

Committees (VCCs) namely Nalla Kallas, Paharian Khater, Dana Bheri, Bheri Markaz, Doba, Gran Kutli, Seri Gharbi, Basri, Galli Khater, Ghattian, Charil Dabreal and Jabrian Mohri. Besides, MNP had also two more clusters namely Machiara and Serli Sacha Conservation and Development Society consisting of 8 and 10 VCCs respectively.

Each of the three Conservation and Development Societies were responsible to prepare

Community Action Plan (CAP) by involving local communities and with the technical assistance of Project officials and the Wildlife Department. The CAP including Terms of Partnership (ToP) was approved and signed by the President VCCs, Project Manager PAMP and members of VCCs who were also representatives of Union Councils of Bheri, Machaira and Serli Sacha. The main objective of the CAP was to provide alternate source of subsistence as a measure to reduce pressure on natural renewable resources of MNP (e.g. GI sheets, energy efficient stoves etc) in addition to resolving community problems such as development of village infrastructure, drinking water supply, irrigation water supply, agriculture products and its marketing, livestock health, community health, education, development of income generating activities (e.g. sericulture, Api-culture, horticulture), skills for cottage industries etc. VCC fund was established by contribution of Rs. 10/- per month per household and its account was opened in the bank to ensure transparent and fair dealings in its disbursement. A Forest Committee (FC) was also constituted by the VCC to monitor and evaluate implementation of CAP. Its monthly report was examined by the VCCs for necessary action.

The members were not only vocal about their rights and privileges but also aware of the declining

renewable resources of their livelihood. They expressed their concern about the demand for timber and fuel wood consumption which had increased due to increase in population. Over grazing by livestock was causing damage to forest regeneration and forming gullies in the pastures. Moreover, the members desired that the Park Authorities should address the following problems being faced by them:

a. The procedure to provide alternatives (e.g. LPG, GI Sheets, Stoves etc.) to resource use,

was very cumbersome and time consuming – keeping in view inadequate and rickety transport, extremely poor road conditions and number of hands through which an application passed before approval at Muzaffarabad. The members suggested one window operation at each of the "Cluster" office.

b. Stressed on launching income generating activities on priority basis and improving health

facilities, livestock breeding and treatment of animal diseases. c. Showed great resentment against felling and selling of trees to outsiders by the forest

department without taking VCCs into confidence even if there was any agreement between the wildlife and forest departments in this respect.


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d. Under the present circumstances, they felt powerless to check offences and likely to face risky encounters. They were full of confidence to check illegal exploitation of forests and hunting of wildlife if they were delegated authority covered by the Law.

e. Pointed out the damage to forests and wildlife by the Bakarwals who pass through this

route. They suggested specifying routes for Bakarwals and charging fees per animal according to the category of livestock.

6.4 Chitral Gol National Park (CGNP) – NWFP.

The Park is named after Chitral Gol, a stream that drains southward in the valley and joins the Kunar river near Chitral town. Chitral Gol is one of the major streams which supplies year round water for the increasing population of Chitral.

The Park that lies in the Hindukush Range is located at 3 km west of Chitral town covering about

7,750 ha area. It was established in 1984 by the NWFP Wildlife Department to protect the population of endangered species of Flare horned Markhor and Snow Leopard under the NWFP Wildlife Act 1975. The “core zone “of the PA is in the north of Chitral town and Chitral River. The PA is spread horizontally, covering two sides of the watershed. There are two “buffer zones” of the PA: one in the north-east of the “core zone”, the other in its south-west.

Climate is predominantly dry temperate with rains mainly during winter months while summer and autumn months remain dry. The elevation of valley ranges from 1,500 m to 4,950 m interspersed with 24 peaks of rugged and steep mountains. Biodiversity is represented by 22 species of mammals, 165 species of resident and migratory birds, ten species of amphibians and reptiles, and about 150 species of plants. The Park is of national significance due to the habitat of National Animal (Flare-horned Markhor), National Bird (Chukor) and National Tree (Deodar). The Kalash villages in the Buffer Zone of the Park are also internationally known for their unique Kalash Culture.

6.4.1 Chitral Gol National Park Project.

Prior to declaring Chitral Gol a National Park in 1984, Chitral Gol Hunting Programme (a trophy hunting programme for the Flare-horned Markhor) was in progress. In order to conserve species and their habitats, a PC-1 was prepared by the NWFP Wildlife Department for a period of four years i.e. 1984-85 to 1987-88 through a block provision to the department under the 6th Five Year Plan. The objective was to establish and manage CGNP over an area of 7,750 ha starting from the year 1984-85. After successfully achieving its targets, the project culminated in 1991. For next five year, the NWFP Wildlife Department continued protection and provided baseline data for Markhor population with positive trend.

Government of NWFP Wildlife Department started implementing PAMP in the year 2003 in CGNP

with the technical assistance of WWF-Pakistan. The main focus of this project was to conserve globally significant species and their habitats through collaborative management by involving local communities and other stakeholders. PAMP intends to implement the following broader categories of interventions prescribed in the Chitral Gol Management Plan to ameliorate gaps and deficiencies identified in the Park as under:

a. Human Resource Development initiatives b. Law enforcement and allied activities


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c. Provision of emergency services d. Infrastructure development and maintenance e. Wildlife management programmes f. Ecological surveys and monitoring programmes g. Environmental education and conservation awareness

One of the important intervention was to mobilize local communities to organize themselves into

social institutions so that they could feel self reliant and a valuable asset to the authorities in resolving conflicts and issues related to the management of the PAs. 6.4.2 Mobilization of Local Communities.

The local communities were activated by organizing them into “Village Conservation Committees” (VCCs) and Women Village Conservation Committees (WVCCs) for involvement in planning, implementation and evaluation of park protection and development activities.

With the help of VCCs, Village Conservation and Development Plans (VCDPs) were developed to

address development and conservation needs of the target community. The local and government institutions were involved in the participatory management issues. Park Management Committees were formed to facilitate the management plan implementation process.

A Park Advisory Committee (PAC) would replace the above committees after PAMP termination.

The PAC would comprise of all the key stakeholders. It would not only be a decision making body but also monitor implementation of management plan interventions and also serve as a forum to generate funds to support Endowment Fund for sustaining community interventions and Park operations.


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7. AN OVERWVIEW OF EXISTING WILDLIFE LAWS WITH RESPECT TO COMMNITY PARTICIPATION (CP) AND PROTECTED AREAS (PAS)

7.1 An overview of existing wildlife laws with respect to CP and PAs.

Hunting of wildlife has always been a king’s sport from time immemorial in many dynasties of world, and the rulers in India were no exception to this game. The rulers restrained their public from indiscriminate hunting by establishing “Game Reserves” where the guests were honoured to an organized hunting as a festival. However, they were mindful not to hunt during breeding season in the game reserves. This practice still continues with great fane and fare. During British rule in India, the wildlife received its first protection status indirectly when the forests were demarcated in 1855 to protect and extract Teak wood. Subsequently the wildlife got some further relief when the forests were again demarcated in 1872 into Reserved, Protected and Guzara forests. Hunting was further controlled in the areas declared as reserved and protected forests under the Indian Forests Act, 1927 which was later on adopted as Pakistan Forest Act, 1927 after partition in 1947.

There were quite a few numbers of legislations on protection and regulation of wild birds and animals related to this part of the Pakistan before partition. After independence, these regulations were constituted into West Pakistan Protection Ordinance, 1959 and the Game Department was made responsible to look after its implementation till 1967 when the department was merged into Forest Department. At present, the wildlife department is being managed independently under the administrative control of CCF Wildlife (NWFP), DG Wildlife and Parks (Punjab & AJK) but continues as a wing of the forest department under the control of CF Wildlife in the province/territory of Sindh, Balochistan and Northern Areas.

7.2 West Pakistan Wildlife Protection Ordinance, 1959 and Rules, 1960.

This ordinance had PAs categories limited to a Sanctuary and a Reserve for wild birds and animals. There was no mention of National Park. No person could kill a wild bird or animal either in a sanctuary or within 250 yards from its boundary or without a special permit in a game reserve. It was a simple regulatory and punitive ordinance with no concept of public involvement. No person other than the government officials could lodge complaint in the court of law.

The Wildlife Enquiry Committee constituted in 1968 was catalytic in the formulation of legislation on

the protection, conservation and management of wildlife .On the recommendation of the committee the National Council for Wildlife Conservation (NCCW) was established in 1974. The Council became a focal point for federal and provincial coordination on wildlife, assisted IGF on wildlife policies and commitments within and outside the country. Based on the recommendations of the Wildlife Enquiry Committee, each province/territory legislated for wildlife enactment during seventies, which is reviewed as under with particular focus on community participation and PAs. 7.3 Pakistan Wildlife Ordinance, 1971.

The ordinance, based on the recommendation of Wildlife Enquiry Committee, was an improvement over the previous ordinance of 1959. A significant feature of this ordinance was the formation of Pakistan Wildlife Board intended to involve politicians, elite and conservationists for effective law enforcement. In addition to Wildlife Sanctuary (WLS), and Game Reserve (GR), another category of PAs namely National Park (NP) was enacted with primary objective of protecting flora and fauna in its natural state.


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All acts were prohibited except those intended for scientific purpose in a WLS and NP. However, for undertaking constructions to provide amenities, infrastructure and interpretative facilities in the NP, it allowed the management of the forest for a sustained yield of forest produce in a manner that the NP values were not jeopardized.

Another salient feature was the enactment of Private Game Reserve (PGR) on the application of

the owner who enjoyed the powers of an officer under the ordinance within its boundary. Involvement of local peoples were ignored to the extent that no one except an officer or any person appointed under the ordinance could lodge complaint in the court of law. The provincial government was authorized to make rules to carry into effect the provisions of this ordinance for the management of WLS, NP, and GR. 7.4 The Sindh Wildlife Protection Ordinance, 1972 (amended up to June 2001).

One of the salient features of this ordinance was constitution of Sindh Wildlife Management Board (WLMB); Chief Game Warden and Executive Chairman was the Governor/Chief Minister of Sindh. A Board Fund was established and placed under the control of the WLM Board responsible for its maintenance of accounts and audits.

PAs categories were restricted to three only i.e. WLS, NP and GR. All acts were prohibited in the WLS and the NP except those which were authorized for scientific

purpose or research and education. Legal cover was provided to conduct seismic survey for oil and gas exploration in the PA of

Khirthar NP in the national interest to fulfill growing energy needs of the country in accordance with an Environmental Impact Assessment as defined in the Environmental Protection Act, 1997. While doing so an agreement was also reached to improve livelihood of local communities by meting their economic needs and with the department for the protection of wildlife and their habitat.

Hunting and shooting was allowed under permit in the GR. Legal provision for PGR was missing in the Ordinance. The Ordinance restrained any person to lodge complaint in the court of law except an officer or any

person authorized on behalf of the government which amounts to alienation of any hope of participatory approach. 7.5 Balochistan Wildlife Protection Act, 1974 and Rules, 1975.

The WLMB for Balochistan was enacted but its constitution and functions were left to the government to decide as deemed fit. There was no mention of establishment of Board Fund in the ordinance. PAs categories of WLS, NP and GR were enacted. Enactment for PGR was missing.

All acts were prohibited except those allowed by the government for scientific purpose in the WLS

and NP.


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All acts were prohibited except those allowed by the government for scientific purpose of the GR or for the exploitation of forest produce or for any other purpose authorized doing of any of the prohibited acts. No hunting/shooting was allowed with out permit in the GR.

Killing, shooting, trapping, or snaring of any wild bird or animal within a WLS, and GR or 500 yards

from their boundaries was prohibited even if any person possessed a license or a permit under the Balochistan WL Protection Rules.

CCF, CF, DFO or SDFO was authorized to grant shooting or possession license free of charge to a

distinguished foreign visitor or a member of the corps, Diplomat or head of the state as the case may be. Only the officer or any person authorized on behalf of the government could lodge complaint in the court of law. 7.6 Punjab Wildlife (Protection, Prevention, Conservation and Management) Acts and Rules,

1974.

Under WL Ordinance, the constitution of a Punjab WL Management Board, and establishment of a Board Fund was enacted. The WLMB comprised of Chief Minister of the Punjab as its Chief Game Warden as ex-officio Chairman of the Board; Minister in-charge of the Forest and Wildlife Department and ex-officio Vice Chairman of the Board, and Secretary Forests as Secretary of the Board. The Board was made responsible for maintaining accounts and audits as well.

The government could declare any area to be a WLS, NP or a GR. All acts were prohibited except

those allowed by the government for specific purpose deemed expedient or authorize the doing of any prohibited act except hunting, killing or capturing of any wild animal or fire any gun or other firearm within one mile of the boundaries in WLS. No exploitation of forest was allowed in the WLS except for reducing fire hazards epidemic or insect attacks or other natural calamities.

Hunting and shooting of wild animals was not allowed except under a special permit in the GR. The Board could declare any area to be a PGR on the application of the owner/owners for the

purposes similar to GR. Hunting and shooting of wild animals was not allowed in the PGR except with the permission of the owner.

An officer or any person authorized by the government could lodge complaint in the court of law i.e.

the court would not entertain complaint by a civilian under this Act. Recently The Punjab Wildlife Act, 1974 has been amended as the Punjab Wildlife (Protection,

Preservation Conservation and Management) Amendment Act 2007. In this amended Act, in addition to PGR, Private Safari Parks, Private Wildlife Parks, Private Wildlife Breeding Farms, and Circus have been added to widen scope of wildlife extension and propagation aimed at not only to solicit community involvement, but also reduce pressure on GR. Similarly, the scope of WLS and GR has been increased by including Wildlife Breeding Farm under WLS. Wildlife Parks, Zoological Garden or Zoo and Safari Park have been added under GR.


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7.7 Azad Jammu and Kashmir Wildlife Act, 1974 and Rules, 1985.

AJ & K Wildlife Board was enacted with the discretion of the government to appoint members as deemed fit. Enactment for Board Fund was, however, missing.

The PA categories like, WLS, NP and GR for wild animals were acknowledged. All acts were prohibited in the WLS and NP except those permitted for scientific purposes in the WLS and NP respectively.

Hunting and shooting of wild animals was not allowed in the GR except under special permit. The

government could declare any area as Private Wildlife Reserve (PGR) on the application of the owner who was also authorized to exercise the power of an officer under this Act within its boundary.

An officer was defined as Chief WL Warden, WL Warden, WL Ranger, Game Jamadar, WL Scout,

Game Watcher, or any forest officer or any other person empowered by the government in this behalf. Under the WL Rules, 1985, a WL Warden meant the officer in-charge of the Game Preservation

Branch of the forest department. These rules empowered WL Warden/CCF to issue free license or permit for hunting/shooting to Heads of States, Diplomats, Corps and other VIPs. 7.8 NWFP Wildlife (Protection, Preservation, Conservation & Management) Act, 1975.

Under the act, NWFP WL Management Board consisted of a Chairman and members of the Board appointed by the government. Chief Minister of the province was designated as Chief Game Warden and ex-officio Chairman of the Board who could appoint any person as Secretary of the Board. Board Fund was also enacted under the administrative control of the Board which was made responsible for its maintenance of accounts and audit.

All acts were prohibited in the WLS and NP except those allowed for scientific purposes. In the

NP, construction of access roads and buildings, amenities and interpretative facilities were allowed in such a way that the forest so managed and the forest produce obtained does not impair the objectives of the establishment of the NP.

Hunting and shooting of wild animals was not allowed in the GR except under a special permit. A private land could be declared a PGR on the application of the owner of the area who was

authorized to exercise within the limits of the PGR the same powers as were exercised by an officer of the GR.

Only officer or any person authorized by the government could lodge a complaint in the court of law, which otherwise meant absolute discouragement of public in the affairs of WL protection and management.

Powers and responsibilities of the WLMB were listed in the NWFP WL Rules 1977.

7.9 Northern Areas Wildlife Preservation Act, 1975.

NAs WL Management Board was enacted and the government to appoint members as deemed fit. Enactment for Board Fund was missing.


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The government could declare any area to be a NP, WLS, or Wild Life Reserve (WLR). Chief WL Warden was the in-charge of these categories of PAs.

All acts were prohibited except those authorized by the government for scientific purposes of the

Park. All the restrictions in a NP were also applicable to WLR or WLS except those allowed for scientific purposes of WLR or WLS. No person could hunt, kill or capture, enter or reside without a permit in the WLR or WLS.

The government could declare any area to be a Controlled Hunting Area (CHA) where in a person

could hunt, kill, or capture any game animal under a CHA permit. (CHA in this Act has same connotation as Game Reserve in other Acts and Ordinances).

Only an officer or any person authorized by the government in this behalf could lodge complaint in

the court of law. 7.10 A Comparative Study of the WL Laws. A comparative study of the wild life laws indicates that;

1. All the Acts are almost uniform due to the fact that all the provincial governments/territories

prepared their own Wildlife Laws on the basis of recommendations by the WL Enquiry Committee in the seventies.

2. All the laws are generally regulatory and punitive relating to the hunting, killing or capturing

of wild birds and animals and prohibiting activities in the designated areas of WLS, NP and GR.

3. The court of law would not take cognizance of any offence under the said Act except on

the complaint of the officer or any person authorized by the government in this behalf. In other words, civilians had nothing at stake either with the authorities or in the protection and management of wildlife.

4. The laws are also uniform in enacting Wildlife Management Board (WMB) and was a

significant step to involve politicians, conservationists and elites in the policy, planning and management of wildlife.

The WMB Fund was enacted in Sindh, Punjab and NWFP Wildlife Laws but was missing in the

NAs, AJK and Balochistan Wildlife Laws. 7.11 Capacity Building Measures.

The implementation of policy directives would remain weak and ineffective unless the officials and the participating communities in the management of PAs are sensitized through continued process of capacity building at the grass root level. The Village Conservation Committees are in fact socially empowering models because it is a participatory process which confers resource management and rights on local communities and should be strengthened by enactment. In addition to providing laws enabling community participation, their social, economic and technical needs should be met through capacity building and empowerment of men and women so that the people can lead self reliant and sustainable life


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style with honour. By these confidence building measures, the ultimate aim is to reduce pressure on the wildlife habitat and allow nature to restore it to its potential with the passage of time. Following measures are discussed in this respect. 7.11.1 Training Courses and Degree in Wildlife Management.

Successful achievements of PAMP objectives have been linked with the state of the art training

programmes of officials, staff and communities. In order to enhance confidence and strengthen self reliance, the communities should be given training in mother care, community medicines, horticulture, apiculture, fish culture, handicrafts etc. The officials and staff of the PAs should receive higher education and training in protection, preservation, conservation, propagation and management of wildlife leading to a degree in Wildlife Sciences.

Since PFI is the focal point for education and training in wildlife and allied sciences, therefore it would necessitate revising and up dating curriculum so that the Institute is able to arrange separate courses leading to a degree in Wildlife Management. Unless the competency of teachers/trainers is not enhanced, their impact of teaching/training would always remain unsatisfactory. At present, the PFI is yet to achieve a benchmark set by the Higher Education Commission and lags behind its contemporary research institutions in terms of highly qualified researchers and teachers in the country. Therefore, there is a need of re-structuring PFI organization on the pattern similar to a university organization. 7.11.2 Strengthening OIGF.

The post of IGF is as old as 1864 when the first IGF of India, Dr. Dietrich Brandis (a German

Forester) was appointed. He established Imperial Forest Service (IFS) in 1867 to manage forests on scientific basis. Since the creation of Pakistan, the post has been held by eminent and dedicated foresters with passion to serve the cause of wildlife and forest till to date. Admitting the fact that the OIGF is being assisted by a small corps of competent officers meeting obligations under different international conventions, coping with ever increasing multiple information pouring in from all over the world on natural renewable resources in addition to locally monitoring, assessing and reporting on forestry and wildlife management, it is apprehended that the level of efficiency may decline gradually if timely measures are not taken to enhance manpower as well as physical facilities. The point in case is PARC, NARC, ENERCON etc, of much later origin, that have developed now into centers of excellence. The same is envisioned for the OIGF by establishing Pakistan Forest and Wildlife Service on the pattern of Indian Forest Service (IFS), constituted under All Indian Service Act in 1951, started functioning in 1966. Other services were Indian Administrative Service (IAS) and Indian Police Service IPS) created to turn out federal corps of competent officers to serve any where in the country on jobs relevant to the profession (Kishwan, 2007). 7.11.3 Pakistan Forest and Wildlife Academy.

Education Division of the PFI is responsible for teaching about two dozen courses in forestry,

range land, wildlife and allied sciences in addition to under taking country wide study tours during two years study period. Teaching faculty is supported by the researchers as part time teachers whose teaching schedule is generally disrupted due to their own commitment to research and visit to field experiments. Therefore, there is a need to establish a Pakistan Forest and Wildlife Academy at Islamabad with its own highly qualified faculty of subject specialists and field officers on duty (deputation out of question in this arrangement). The Academy would serve as a seat of higher learning for policy and planning in Wildlife and


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Forestry disciplines. The importance of the Academy would further be enhanced if offices and residences of OIGF and NCCW are also located on the academy campus. 7.11.4 Protected Areas Categories and International Conventions.

Despite the provision of strict wildlife laws, the decline of the wildlife resources could not be

arrested over the years with the result that 51 mammals and 42 bird species stand listed as threatened in the IUCN Red List of Threatened Animals (BAP, 2000). The limited PAs categories needs to be expanded to include landscape/seascape areas, strict nature reserves, wilderness areas, sites of special features etc. In order to meet international obligations and targets, there is a need to give legal provision for International Conventions to which Pakistan is signatory and make it flexible enough to include any future commitment in this respect. The strategy would not only ensure increase area under the category for PAs but also create tremendous employment opportunities and thus help in building mutual confidence between the officials and the participating communities. 7.11.5 Private Sector.

Private sector must be encouraged and provided legal and technical facilities in the establishment

of all possible categories of the protected areas so that it is not only instrumental in mitigating pressure on wildlife in the PAs but also serves as an institution for awareness among the masses on issues related to wildlife. Unless people see development activities being carried and benefit shared from the wildlife resources, targets of protecting and conservation of wildlife would not be achieved. 7.11.6 National Board for Wildlife.

National Council for Conservation of Wildlife (NCCW) at the federal level is responsible for

coordinating policy and planning of provincial/territory wildlife departments and also assisting IGF in the Ministry of Environment on matters of national and international commitments relating to wildlife. The in-charge of the NCCW is CF Wildlife. In view of the fact that the CF NCCW has to deal with high powered Provincial Wildlife Management Boards, CCF/DG wildlife of the Provincial Wildlife Departments, High Ranking Civil and Diplomatic Corps, Heads of States, Dignitaries etc. therefore, it is imperative to up grade the status of NCCW as National Board for Wildlife. It may not be out of place to mention that the Indian Board for Wildlife was constituted in 1952 to advise the government on measures to be adopted for conservation of wildlife resources. It was reconstituted as National Board for Wildlife in 2003 as a statutory authority under the Chairmanship of the Prime Minister of India (Kishwan, 2007). The constitution of such a National Board for Wildlife in Pakistan would be responsible for preparing National Policy on Wildlife and also be influential in promoting the cause of wildlife protection and conservation in general and Protected Areas in particular in the country. 7.12 The Gaps Summarized.

The laws are mainly based on command and control, and being punitive lacks rationale to conserve Wildlife and biodiversity.

Wildlife is treated as state property under existing laws and requires possession, hunting, transfer, trade, transit and export licenses from government for these purposes even for the wild animals found on private or communal property.


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There is no legal provision for community participation in the PAs.

There are no clearly defined rules under the law for benefit sharing of wild life resources, duties and responsibilities between the department and the participating communities.

The PA categories are limited to WLS, NP, GR and needs to be expanded to include landscape/seascape areas, strict nature reserves, wilderness areas, sites of special features etc, in the public as well as private sector.

Zoning concept e.g. Buffer Zone and linkages to adjoining zones is missing.

There is no provision of byelaws for individual PA.

There is no provision of endowment funds.

There is no provision to meet international obligations to which Pakistan is signatory and targets so assigned.

There is no legal provision for International Conventions to which Pakistan is signatory.

There is no legal provision of wild life development funds for effective law enforcement, mobility (transport, camping and supporting their travel expenses), and for travel and stay of witnesses.

The categories of state GR and private GR are limited in its scope and needs to be expended.

The enactment of Oil and Gas exploration in the PAs is provided in the Sindh Wildlife Ordinance 1972 (amended up to June 2001). A similar action may be taken by other provincial Wildlife departments in the national interest.

There is no National Board for Wildlife at the federal level to coordinate action of all provincial Wildlife Management Boards, advise the government on wildlife policy and planning as well as respond to international commitments and obligations under Biodiversity and other Conventions.

There is no enactment for PGR in the Sindh, Balochistan and Northern Areas.

There is no legal provision for managing PAs under the Management Plan.

In view of above and the gaps identified, Policy and Legal Initiatives are recommended in chapter No.9.


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8. WILDLIFE LAWS, COMMUNITY PARTICIPATION AND LEGAL PROVISIONS 8.1 Wildlife Laws.

Separate wildlife laws exist for the provinces, Islamabad Capital Territory (ICT), Northern Areas (NA) and Azad Jammu & Kashmir (AJK). These laws provide for designation of Protected Areas (PA). Among the PA categories are included national parks, wildlife sanctuaries and game reserves. In at least two wildlife laws exists the provision for designating “private game reserves.” Community hunting areas have also been notified in NWFP and NA by extending the definition of the private game reserve.

The wildlife laws of 1970s are founded on command and control approach for management of

wildlife in the country, which has alienated the local communities. This approach could not achieve the objectives of wildlife conservation set at that time. The key reasons for this situation include:

The laws are punitive in nature and as explained earlier these laws failed to conserve wildlife and biodiversity;

Wildlife is treated as state property under the existing wildlife laws and requires possession, hunting, transfer, trade, transit and export licenses from the government for these purposes, even for the wild animals found on the private or communal property;

Until recent past, there was no incentive for the private land owners and local communities to conserve wildlife. It is only recently that limited trophy hunting quota of limited species of big game animals was allowed from the community managed/controlled hunting areas by the National Council for Conservation of Wildlife (NCCW), which is a ministerial body, chaired by the Federal Minister for Environment with representation of the provinces etc. at the level of ministers, and the provincial governments /NA Administration. This opportunity was created by the experimental successes achieved by implementing the GEF/ UNDP funded pilot project “Conservation of Biodiversity through Rural Development” and the GEF/ UNDP funded full scale project “Mountain Areas Conservancy Project” in NWFP and NA as well as Bar Valley Trophy Hunting Project of WWF- Pakistan.

The government departments responsible for enforcement of wildlife laws were not effective due to lack of or inadequate human and financial resources for mobility (transport, camping and supporting their travel expenses), and there is no budget for travel and stay of witnesses.

Balochistan Forest & Wildlife Department, NWFP Wildlife Department AJK Parks & Wildlife

Department has drafted their new wildlife laws. The scope of these laws includes biodiversity and protected areas as well as community participation. Other provinces are expected to follow the suit. This report including the drafted provisions regarding community participation in Part- II will be useful in this regard. 8.2 Community Participation.

The natural resources include forests, rangelands, wetlands, and coastal and marine resources.

Wildlife and biodiversity are integral parts of these resources and are impacted by direct intake or indirectly


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through change in land use or degradation of habitats. However, the most important reason is relevant public sector agencies taking the local communities as adversaries.

This resulted in lack of participation of local communities and lack of economic incentives for them for conserving and sustainably using biodiversity, especially the species of wild animals and their habitats. Traditionally, the local communities are highly dependent on natural resources and have been using the same for subsistence not withstanding the restrictions imposed by law.

Participation of communities in planning and management of natural resources had lacked. The

community organizations established by projects, for joint actions did not mature by and large as the project-based models of social mobilization often did not sustain after completion of projects. Major drawbacks of short-term development projects were the absence of adequate incentives and no legal cover to participatory mechanism. An independent evaluation revealed that participatory resource management can work effectively in Pakistan with provisions of sufficient economic incentives to the partner communities as benefit sharing with the stakeholders.

The participatory projects in many ways impacted the functioning and performance of

wildlife/forest & wildlife departments. These have helped to establish new ways of working that integrate biodiversity into needs of the local people and their livelihoods. An institutional change at local level has been most notable in the development and functioning of village organizations and conservation committees for wildlife management and sustainable use. These village organizations have assumed certain other wildlife supportive roles at the local level that were missing before these projects.

In many areas, community rules and code of conduct on resource protection, sharing and

management of common assets have been developed by these institutions. New ways of working with local people have emerged and staff skills in participatory planning have enhanced. As a result, it was clear that participation of communities in biodiversity conservation and PA management is imperative.

During the last one and half decade, a large number of non-profit, civil society organizations have

established and are working for forest and biodiversity conservation and development. Government of Pakistan, as its general policy, is encouraging civil society organizations to act as bridge between government functionaries and communities. International organizations like IUCN, WWF, SUSG-Central Asia were partners of the federal and provincial governments in several projects of forestry, wildlife and biodiversity. 8.3 Community Participation Legislation. 8.3.1 Customary and Statutory Laws.

There is a prevalent misconception of "customary" rules as being deeply internalized, observed by

ancestors from "time out of mind." It is often believed that such rules change only through what might be called "snowballing deviance," in which particular instances of deviance eventually become pervasive and are recognized as the new custom. But "traditional" communities also legislate, acting purposefully to change rules to meet new circumstances. Policy and legal reforms, and projects can encourage such change in several ways, including preferential treatment of those communities which have taken the desired steps.

Often the local communities are fearful of conflicts with the PA management on various traditional

resource uses and, thus, oppose establishment of PA. More often their fears come true during


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management of PA. Community participation is lacking in the existing statutory laws, since against the conceptual basis of these. The provision, not only for community participation but also for economic incentives would have helped in a win- win situation.

The success of community participation in wildlife conservation, although on experimental scale, by

establishing community managed/controlled hunting areas– a new category of PA officially designated by the relevant governments- should alley all reservations about the appropriateness and effectiveness of this approach. These projects have generated interest in alternative approaches to the existing wildlife management (in fact limited to protection) based on command and control. Many public sector documents now identify community participation as a workable approach for wildlife conservation. These experiments have also provided many lessons for policy and legal reform. 8.3.2 Community Participation and Land Tenure

The land tenure and the usufruct rights of rural people to the natural resources were clear in the

customary laws but are ambiguous, unclear, and discretionary in favour of government and perverse incentive in the context of sustainable use of natural resources by the local communities. As a result, communities have de facto ownership of land whereas the de jure ownership is of the government. The studies suggest that clear and supportive land tenure and usufruct rights as well as enabling policies and legislation that facilitate community participation and enhances community ownership would be necessary to conserve wildlife and biodiversity, and manage protected areas effectively. 8.4 Draft Legal Provisions

Section-1: Participation of Local Communities

i. The Department, wherever possible, shall:

Involve local communities in planning, managing, protection, conservation, sustainable use, captive breeding and trade of wild life and management of protected areas

Promote and support formation of, register and involve organizations of local communities to manage wildlife, biodiversity, protected areas and eco-tourism

The Government shall support formation and participation of local community organizations at the village, watershed or wider landscape levels for protection, preservation, conservation and sustainable use of wildlife and biodiversity, and planning and management of protected areas with awareness raising, capacity building and providing economic incentives.

ii. The Government may:

Accord recognition and legal status to the community organizations at various levels on such conditions as may be prescribed;

iii. Delegate power and authorize:

Any elected representative or staff of a conservancy management authority established under Section ............;


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Any representative of any community organization, recognized in (iii) above to exercise powers in respect of any protected area which is managed fully or partly by that community;

Any representative of a community game reserve established under Section .............and the owner of a private game reserve established under Section ............... to exercise powers in respect of the same.

Section-2: Benefit Sharing with Communities

The Government shall provide economic incentives to and share benefits accruing from wildlife, biodiversity and protected areas with the local communities involved in their management, through their organizations, registered with the Government.

On recognition under Section ........... a community organization shall be entitled to equitable share, as may be prescribed, in benefits that may accrue from sustainable management of wildlife, biodiversity and other natural resources in a protected area owned by the Government, if it is managed by it wholly or partially, for equitable distribution amongst the community members.

A local community shall be entitled to receive and use the entire gross income (after deducting expenses) from a community game reserve or a conservancy or outer countryside which is owned or managed by it. However, the community will have to plough back at least 20 percent of the gross income for improvement of relevant area.

A private owner of a “private game reserve” shall be entitled to receive and use its income. However, he will have to plough back at least 20 percent of the gross income for improvement of the private game reserve.

The Government may make Rules to elaborate and implement the provisions of this Section in entirety.

Section 3: Co-management of Protected Area

i. The government may enter into an agreement with another organ of state, a local community, an individual or other party for;

Co-management of a part or whole area a protected area by the parties; or

The regulation of human activities that affect the environment in the area.

Provided that the co-management contemplated in paragraph, (a) may not lead to fragmentation or duplication of management functions.

ii. A co-management agreement may provide for;

the delegation of powers by the management authority to the other party to the agreement;


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the apportionment of any income generated from the management of the protected area or any other form of benefit sharing between the parties;

the use of biological resources in the area;

access to the area;

occupation of the protected area or portions thereof;

development of economic opportunities within and adjacent to the protected area;

development of local management capacity and exchange of knowledge;

financial and other support to ensure effective administration and implementation of the co-management agreement; and

any other relevant matter.

iii. A co-management agreement must:

provide for the harmonization and integration of the management of cultural heritage resources in the protected area by the management authority; and

be consistent with the other provisions of this Act. iv. The authorized officer may cancel a co-management agreement after giving reasonable

notice to the parties if the agreement is not effective or is inhibiting the attainment of any of the management objectives of the protected area.

Section 4: Commercial and community activities in protected areas (Specify)

i. The management authority of a (specify the category of PA) may, despite any regulation or by-law referred to in section …... but subject to the management plan of the (specify the category of PA)

(a) Carry out or allow:

a commercial activity in the (specify the category of PA); or

an activity in the (specify the category of PA) aimed at raising revenue;

(b) enter into a written agreement with a local community inside or adjacent to the (specify the category of PA) to allow members of the community to use in a sustainable manner biological resources in the (specify the category of PA); and

(c) set norms and standards for any activity allowed in terms of paragraph (a) and (b) above.


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ii. An activity allowed in terms of subsection (1) (a) or (b) may not negatively affect the survival of any species in or significantly disrupt the integrity of the ecological systems of the (specify the category of PA).

iii. The management authority of the (specify the category of PA) must establish systems to monitor:

(a) the impact of activities allowed in terms of subsection (1)(a) or (b) on the (specify the category of PA) and its biodiversity; and

(b) Compliance with:

any agreement entered into in terms of subsection (1) (b); and

any norms and standards set in terms of subsection (1) (c).

iv. Any activity carried out lawfully in terms of any agreement which exists when this section takes effect may continue until the date of termination of such agreement, provided that the agreement may not be extended or varied so as to expire after the original intended expiry date without the consent of the authorized officer.

v. No development, construction, farming, mining, oil and gas exploration may be permitted in

(specify the category of PA) without the prior written approval of the authorized officer.


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9. POLICY AND LEGAL INITIATIVES 9.1 Ensure Expansion of PAs Categories.

Strategy: a) define PAs b) define Zoning c) define Biological Diversity d) enlist IUCN-WCPA categories of PAs (IUCN 1994) d) enact all categories of PAs in the Wildlife Act; add any other relevant category designated by an international organization such as FAO/UNDP e) provide under Rules, objectives of management and guidance for selection of PAs categories designated by the IUCN (1994).

Requirement: a) draft WL (PAs) Ordinance (refer annex-5) b) Draft Notification of PAs Management Categories Rules (refer annex-6).

9.2 Ensure Community Participation in the Management of PAs.

Strategy: a) enact community participation b) organize communities into Village Conservation Committees (VCCs) c) provide Rules for Community Participation defining duties, responsibilities, economic benefits and benefit sharing from wildlife resources and PAs d) delegate authority to communities to lodge a complaint in the court of law on cases related to wildlife.

Requirement: draft Notification of CP Rules (refer annex 7).

9.3. Ensure coordination between Communities and the PAs Management Authorities.

Strategy: a) enact appointment of PA Community Officer (PACO) b) delegate power of appointment to Wildlife Officer. Requirement: a) draft WL (PA Community Officer) Ordinance (refer annex 8).

9.4 Ensure to establish Village Conservation Fund for development activities enlisted in the Community Action Plan.

Strategy: a) prepare CAP b) enact Village Conservation Fund (VCF) b) define account procedure and audit under VCF Rules.

Requirement: draft Notification of CP Rules (refer annex 7).

9.5. Ensure Public-Private partnership to promote and develop PA resources.

Strategy: a) enact Private Game Reserve (PGR) in the WL Act, b) expand scope of PGR to include Private Breeding Farms, Private Safari Parks , Private Wildlife Parks, Circus etc. as in Punjab WL Ordinance amended 2007.

Requirement: draft WL (PAs) Ordinance (refer annex-5). 9.6 Ensure financial assistance for PAs by the Federal Government during and after the

completion of PAMP.

Strategy: prepare feasibility study on funding PAs by the donor agencies and the Government of Pakistan.


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Requirement: Register Funds for PA (FPA) under the Companies Act 1984; define mechanism of funding, monitoring, evaluation and reporting on FPA.

9.7 Ensure preparation and implementation of PA Management Plan based on modern

ecosystem approach.

Strategy: a) enact PA Management Plan in the WL Act b) review PA Management Plan of different countries for guidance c) provide legal cover to manage PAs under a Management Plan

Requirement: a) draft notification of PA (Management Plan) Ordinance (ref: annex-9).

9.8 Ensure constitution of National Board for WL Management

Strategy: hold workshop on National Policy and Planning for Wildlife Management (WLM) and firm up proposal for the constitution of National Board for WLM. Requirement: approval of proposal/summary by the Cabinet Division, GOP.

9.9 Ensure capacity building of PAs specific communities and provide social, economic and technical facilities to make them self reliant.

Strategy: a) draw Terms of Partnership/Agreement between the communities and the PA authorities b) contact training institutes. Requirement: arrange training courses at Vocational/Agricultural/Medical Training Centers/PFI.

9.10 Ensure capacity building of officials and staff of PAs in the protection, preservation, conservation and management of wildlife with special focus on social sciences.

Strategy: a) draw Terms of Partnership/Agreement between the communities and the PA authorities b) contact PFI for degree courses in WL Sciences. Requirement: a) revise and up grade wildlife courses to a degree programme in Wildlife Management with special focus on social sciences b) restructure PFI organization on university pattern.

9.11 Ensure capacity building and strengthening of the OIGF.

Strategy: a) hold national workshop to firm up proposal on restructuring OIGF; creating Pakistan Forest and Wildlife Service; establishing Pakistan Forest and Wildlife Academy b) consult National Commission on Government Reforms.

Requirement: approval of proposal/summary by the Cabinet Division, GOP.


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REFERENCES

Abeedullah Jan, 1993. Forest Policy; Administration and Management in Pakistan. Published by Pictorial Printers (Pvt.) Islamabad, Pakistan. 193 pp.

Abeedullah Jan, 1993. Review and Analysis of Forest Policies of Pakistan. Published by Pictorial Printers (Pvt) Ltd. Islamabad, Pakistan. 144 pp.

Apte, T. and Ashish Kothari, 2000. Joint Protected Areas Management: A simple guide "How it will Benefit Wildlife and People". Published by Kalpavriksh, Decan Gymkhana, India. 40 pp.

Barber, C.V., 2004. Can we quantify the value of PAs? From tangibles to intangibles. CBD Technical Series No. 15. Montreal, Quebec, Canada.

Bhargava, S.K. 1993. Policy Legislation and Community Forestry in the proceedings of "Workshop on Policy and Legislation in Community Forestry" held in Bangkok Jan. 27-29, 1993.

Borrini-Feyerabend, G. 1996. Collaborative Management of Protected Areas: Tailoring the Approach to the context. Issues in social Policy, IUCN, Gland (Switzerland).

Chape, S., J. Harrison et al. 2005. Measuring the extent and effectiveness of protected areas as an indicator for meeting global biodiversity targets. Philosophical Transactions of the Royal Society Bulletin. 443-455 pp.

Davey, A.G. 1996. National Protected Area System Planning for Pakistan. IUCN Commission on National Parks and Protected Areas, IUCN Gland, Switzerland and Cambridge, UK.

Ekon, G. Leon Bennun and Charlotte Boyd, 2004. Protected Areas Design and Systems Planning: key requirement for successful planning, site selection and establishment of PAs. CBD technical series No. 15. Montreal, Quebec, Canada.

Government of Balochistan and IUCN-Pakistan, 2000. Balochistan Conservation Strategy. Government of Balochistan and IUCN, Karachi, Pakistan, 354 pp.

Government of Balochistan, 2007. Proceedings of the Workshop on Revision of Balochistan Wildlife Protection Act, 1974. Forest and Wildlife Department, Government of Balochistan.

Government of Balochistan, 2007. Village Conservation and Development Plan – VCC Sangal. Protected Areas Management Project, Hingol National Park. Department of Forests and Wildlife, Government of Balochistan.

Government of NWFP and IUCN, 1996. Sarhad Provincial Conservation Strategy, Peshawar. Government of NWFP and IUCN-Pakistan, 248 pp.


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Government of NWFP and IUCN, 2004. Chitral Integrated Development Vision (Chitral Conservation Strategy). Government of NWFP and IUCN Pakistan, Karachi Pakistan

Government of NWFP, Wildlife Department, 2005. Chitral Gol National Park Management Plan.

Government of Pakistan and IUCN, 1992. The Pakistan National Conservation Strategy. Government of Pakistan and IUCN Pakistan, 378 pp.

Government of Pakistan and IUCN-Pakistan, 2003. Northern Areas Strategy for sustainable development. Government of Pakistan and IUCN, Karachi, Pakistan, 85 pp.

Government of Pakistan Environmental Protection Act, 1997.

Government of Pakistan IUCN, 2003. Northern Areas State of Environment and Development.

Government of Pakistan and IUCN, Karachi, Pakistan, 103 pp.

Government of Pakistan, 2000. Biodiversity Action Plan for Pakistan prepared by the Government of Pakistan, Ministry of Environment in collaboration with WWF-Pakistan and IUCN-Pakistan. 79 pp.

Government of Pakistan, Ministry of Environment, 2005. Wildlife Acts and Rules of Pakistan compiled by Mian M. Shafiq, Deputy Conservator (Wildlife), Pakistan Forest Institute, Peshawar, Pakistan. 297 pp.

Government of Sindh, 2003. Sindh Forestry since Independence. Government of Sindh Forest and Wildlife Department. 58 pp.

IUCN, 1992. Margalla Hills National Park Management Plan; prepared by IUCN-Pakistan in collaboration with Capital Development Authority, Islamabad. 167 pp.

IUCN, 1994. Guidelines for Protected Areas Management categories, IUCN Gland, Switzerland and Cambridge, UK.

IUCN, 1998. Economic Values of PAs. Guidelines for PAs Managers. World commission on PAs. Best Practice Protected Area Guidelines Series No. 2.

IUCN-Pakistan, 2004. Abbottabad-State of the Environment and Development. IUCN-Pakistan and NWFP, Karachi Pakistan, 136 pp.

IUCN-Pakistan, 2004. Sindh State of Environment and Development. IUCN Pakistan and Sindh Programme Office Karachi Pakistan, 423 pp.

Khattak, G.M. 1973. Forest Management. Pakistan Forest Institute, Peshawar, Pakistan. Published by the Ferozsons (Peshawar) Ltd. 35 the Mall, Peshawar, 127 pp.


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Kishwan, J., Davendra Pandey etal. 2007. India's Forests. Government of India, Ministry of Environment and Forests, New Delhi.

Kothari, A. 2004. Protected Areas and People: Participatory conservation. CBD Technical Series No. 15. Montreal Quebec, Canada.

Lindsay, J. 1998. Designing Legal Space: Law as an enabling tool in community-based management. International workshop on Community-Based Resource Management. Washington D.C, May, 1998.

Palit, S., 1995. JFM in India-Major issues, in Enabling Environment for JFM. Forest Studies series F004. Inter-India Publications, New Delhi, India. 262 pp.

Phillips, Adrian. 2002. Management Guidelines for IUCN Category V Protected Areas: Protected Landscape/seascape. IUCN Gland, Switzerland and Cambridge, UK, 122 pp.

Reid, Collins and Associates, Canada, 1992. Forestry Sector Master Plan (6 Vols). ADB and UNDP-Pakistan in collaboration with the Ministry of Food, Agriculture and Cooperatives, Government of Pakistan.

Secretariat CBD, 2004. Biodiversity issues for consideration in the planning, establishment and management of Protected Area sites and Networks. Convention on Biological Diversity Technical series 15. Montreal, Canada. 160 pp.

Thomas, L and Julie Middleton, 2003. Guidelines for Management Planning of Protected Areas. Best Practice Protected Areas Guidelines Series No. 10, IUCN, Gland, Switzerland and Cambridge, UK. 79 pp.

WWF Workshop Report, 2002. Development of Performance Indicators for the Management of Protected Areas of Pakistan. Report edited by Iqbal Muhammad and Ashiq Ahmed Khan, WWF-Pakistan.

ANNEX-1


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LIST OF PERSONS CONTACTED

Name Designation

Dr. Bashir Ahmed Wani Inspector General Forests

Dr. Ejaz Ahmed Dy. D.G, WWF, Islamabad

Dr. Muhammad Iqbal Sial Managing Director, FDC, NWFP

Dr. Muhammad Mumtaz Malik Chief Conservator Wildlife, NWFP

Dr. Raja Muhammad Omer D.S, Punjab Forests, Wildlife and Fisheries Department

Dr. Shahzad Jehangir Deputy Inspector General Forests

Malik Mahboob-ur-Rehman Chief Conservator Forests (CZ) Punjab

Mian Muhammad Shafiq Dy. Conservator Wildlife, PFI Peshawar

Mir Akbar Community Motivator, MNP AJK

Mir Jehanzaib President Bheri Cluster, MNP AJK

Mir Muhammad Ibrahim President Sangal Cluster, HNP

Mr. Abdul Munaf Qaimkhani Deputy Inspector General Forests

Mr. Abdul Qadeer Mehal Director Punjab Wildlife and Parks, Lahore

Mr. Abdur Razaq Park Manager MNP, AJK

Mr. Alamgir Khan Consultant, IUCN, Islamabad

Mr. Amjad Khan Community Liaison Officer, MNP AJK

Mr. Ashiq Ahmed Khan CTA, WWF- Pakistan

Mr. Faiz Ali Khan P.D, PMAC, M/o Environment

Mr. Ghulam Rasool Channa Conservator Wildlife, Sindh Wildlife Department

Mr. Ibrahim Khan Park Planner, MNP AJK

Mr. Mahmood Akhtar Cheema IUCN – Pakistan

Mr. Muhammad Iqbal Swati Chief Conservator Forests, NWFP

Mr. Muhammad Tahir Qureshi Director, Coastal Ecosystem (IUCN-PK)

Mr. Muhammad Yousaf CF/PD Protected Areas Management Project, AJK

Mr. Nadeem Bukhari Project Coordinator INRM (SDC-PK)

Mr. Naeem Ashraf Raja Assistant Inspector General Forests

Mr. Qamar Zaman Community Social Organizer, MNP AJK

Mr. Rab Nawaz Coordinator, NRM (WWF-PK)

Mr. Umeed Khalid Conservator, NCCW M/o Env.

Mr. Viqar Zakria Himalayan Wildlife Foundation

Raja Khizar Hayat Chief Conservator Forests AJK

Rana Muhammad Mazhar Liaquat Park Manager, Hingol National Park


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ANNEX-2 TERMS OF REFERENCE FOR

Policy and Legal Reforms Study leading to development of a draft legislation for enabling community participation in establishment and management of protected areas in Pakistan 1. Objective.

The main objective of the study is to conduct a comprehensive review of existing policies at the federal and provincial levels to identify gaps in effective management of Protected Areas and to recommend policy and legal reforms for promoting participatory management of PA in Pakistan. The consultancy has been bifurcated into two parts viz: (i) Legal Reform Study (ii) Policy Reform Study.

2. Responsibilities of the Consultants.

Under the overall supervision of the Inspector General Forests, Ministry of Environment and in close collaboration of the Conservator Wildlife, National Council for Conservation of Wildlife (NCCW), Sub-Programme Manager Ecosystem Management and Natural Resources Conservation, NEAP – Support Programme and Facilitator PAMP as well as Heads of Provincial Wildlife Department, the consultants will undertake the following tasks: Task 1. Review of existing policies and Wildlife Acts/ordinances and such other documents

1. Review all the existing federal and provincial policies, laws and procedures pertaining to

protected areas management with a view to identify gaps in designation and effective management of PA, specially in the context of involvement of local communities in designation and management of PA.

2. Review relevant documents including National Conservation Strategy, Provincial

Conservation Strategies, District Conservation Strategies (if any), Biodiversity Action Plan for Pakistan, Project Documents (PAMP), Mission Reports, and Protected Areas System Review and any other relevant documents and reports.

3. Review information on regional and international trends on local communities’ involvement

in collaborative management of PA. 4. Explore linkages and possibilities of integration of PA policy and legal reforms with other

national level policies such as forestry, agriculture, maritime and water etc. 5. Analyze the basic concepts, approaches and policies related to collaborative management

of PA keeping in view cultural, socio-economics and administrative set up of the country and in order to apply them to local situation.

Task 2. Consultation with Stakeholders

6. Hold detailed discussion with key stakeholders, specially with the senior staff of the relevant federal ministries, provincial wildlife departments, conservation NGOs, CBOs and


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leaders of selected communities to enlist their stake/interests in collaborative management of PA and buffer zones.

7. Consult staff of the government and private conservation initiatives and community-based conservation projects, specially Mountain Areas Conservation Project (MACP) community

8. Collect relevant information documents, reports and research papers related to participatory management of PA, identify policy barriers, bottlenecks and practical problems in implementing PA policies.

9. Discuss possible strategies/modals with the stakeholders for involving local communities in establishing and managing PA.

Task 3. Development of draft policy reforms

10. Develop draft policy reforms and recommend draft amendments to current policy for ensuring effective involvement of local communities in identification, establishment and management of PA.

11. Propose new policies in the light of consultation with stakeholders and review of collaborative management concept for enabling community participation in identification, planning and management of PA (including administrative and financial management mechanisms) and participatory monitoring and evaluation of Biodiversity in PA.

12. Establish and maintain close liaison with the federal and provincial wildlife conservation agencies/departments during drafting of the policy reforms.

13. Develop by-laws for describing local community rights and privileges as well as commercial development (e.g. mining, oil and gas exploration) in the PA.

14. Develop an action plan for the implementation of the policy reforms and legislation in the light of suggestions of the provincial wildlife departments and civil society organizations.

Task 4. Combined collation and validation of draft policy reforms and legislation.

15. The consultant will interact with Legal/Policy Reform Consultant and collective works.

16. Organize a national workshop to seek stakeholders’ validation of the draft report on policy reforms, legislation and draft action plan

17. Facilitate the validation workshop and debate draft policy reforms and legislation as well as action plan to seek feed back from the stakeholders

18. Record comments, suggestions and feedback from the workshop participation for finalization of the policy reforms and legislation.


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ANNEX-3 COLLECTION OF DATA

1. Primary Data A. List of Stakeholders to be consulted/interviewed

1. Conservator, NCCW

2. Pakistan Environmental Protection Agency

3. Sub-Programme Manager, Ecosystem management and Natural Resources

4. Conservation, NEAP-Support Programme

5. Facilitator, Mountain Area Management Project

6. Provincial Secretaries, Forests, Wildlife and Fisheries Department

7. CCF/D.G. Provincial Wildlife Departments

8. CCF Provincial Forests Departments

9. D.G. WWF-Pakistan

10. Country Representative IUCN-Pakistan

11. P.D Mountain Areas Conservation Project (MACP)

12. Selected Conservation NGOs

13. Selected CBOs

14. Selected leaders of villages in and around PA

15. Selected private owners of PA

16. Selected Hunters involved in conservation activity B. Key Questions

1. Do the existing wildlife policies and legislation efficiently cover the management of PAs?

2. If yes, have these been implemented successfully?

3. What are the implications?

4. If not what are the lapses/reasons.

5. Do you think that the existing PA categories are sufficient to cater for the efficient management of PAs?

6. What is the role of communities in the management of PAs?

7. Are you satisfied with the present policies and legislation regarding the community participation?

8. How much authority would you allow the communities for effective management of PAs ?

9. What other policy and legal initiative would you suggest enabling community participation in the management of PAs?

10. What are the gaps hampering community participation?


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11. What are your views on park- community working relationship? Or is there any park community working relationship problems?

12. What measures would you suggest /consider appropriate in building confidence between the functionaries of the department and the communities?

13. What are your comments on shifting population from core zone of a PA and freezing of rights of people living within and outside Pas?

14. What are your views on overlapping management of PAs?

15. What are your proposals for creating awareness among the people and institutions to upgrade education and training to officials and staff of the department to change their attitude and perception for collaborative approach?

16. Any other suggestion that you may like to offer in this respect.

2. Secondary Data.

Review of existing policies and documents pertaining to involvement of local communities in PA management

1. Forest and Environment Policies

2. Provincial Forest and Environment Policies

3. National and Provincial Conservation Strategies-IUCN

4. District Conservation Strategies (if any) Local Government

5. Biodiversity Action Plan

6. Protected Areas Mountain Project

7. Mission Reports

8. National five year plan (on going)

9. National Economic Plan (on going)

10. National Policies on Agriculture, Livestock, Marine, Fisheries, Tourism, Industries, Energy, Housing etc, linking with PA policy reforms.

11. Regional and International trends on local communities involvement in collaborative management of PAs.

12. Management Plans of Chitral Gol, Machiara and Hingol National Parks


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Annexure-4 ABBREVIATIONS

Abbreviation Stands for

Abbottabad SOED Abbottabad State of Environment and Development

AJ and K Azad Jammu and Kashmir

BAP Biodiversity Action Plan

BCS Balochistan Conservation Strategy

CBD Convention on Biological Diversity

CBO Community Based Organization

CCD Convention on Combating Desertification

CCF Chief Conservator Forests

CCS Chitral Conservation Strategy

CDA Capital Development Authority

CF Conservator of Forests

CGNP Chitral Gol National Park

CITES Convention on International Trade in Endangered Species

CMS Convention on (the conservation of )Migratory Species

CTA Chief Technical Advisor

DFO Divisional Forest Officer

DG Director General

EIA Environmental Impact Assessment

FSMP Forestry Sector Master Plan

GEF Global Environment Facility

GoB Government of Balochistan

GoNWFP Government of North-West Frontier Province

GoP Government of Pakistan

GoPunjab Government of Punjab

GoSindh Government of Sindh

HEC Higher Education Commission

HNP Hingol National Park

IUCN-Pak. International Union for the Conservation of Nature

JFM Joint Forest Management

JPAM Joint Protected Area Management

M&E Monitoring and Evaluation

MACP Mountain Areas Conservancy Project

MHNP Margalla Hills National Park

MNP Machiara National Park

MoEnv. Ministry of Environment

NAs Northern Areas

NAs SOED NAs State of Environment and Development

NCCW National Council for the Conservation of Wildlife

NCS-Pak. National Conservation Strategy

NGO Non Government Organization


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Abbreviation Stands for

NP National Park

NTFPs Non Timber Forest Products

PAMP Protected Areas Management Project

PAs Protected Areas

PFI Pakistan Forest Institute

PMC Park Management Committee

RNR Renewable National Resources

Sindh SOED Sindh State of Environment and Development

ToP Terms of Partnership

UNEP United Nations Environment Programme

UNESCO United Nations Educational and Scientific Organization

VCC Village Conservation Committee

VLUP Village Land Use plan

WB World Bank

WCPA World Commission on Protected Areas

WP Working Plan

WWF-Pak. World Wide Fund (for nature conservation)

xxx xxx

xxx xxx

xxx xxx

xxx xxx


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Annex-5

DRAFT WILDLIFE (PROTECTED AREAS) ORDINANCE, 2008

An ordinance to consolidate and amend the laws relating to protection, conservancy management and sustainable development of forest and natural resources related protected areas in the Provincial Government /Territories, 1. Short title, extent and commencement:-

i. The ordinance may be called the Wildlife (Protected Areas), Ordinance, 2008 ii. It shall come into force at once

2. Definitions:- In this ordinance, unless the context otherwise requires;

“Protected Areas” means an area of land and or sea specially dedicated to the protection and maintenance of biological diversity, and of natural and associated cultural resources, and managed through legal or other effective means.

“Biological Diversity” means the variability among all living organisms from all sources including

inter-alia terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are part, this includes diversity within species, between species, and ecosystems.

“CBD” means the convention on Biological Diversity (1992) as ratified by the state of Pakistan,

inclusive of its articles as are amended by the conference of parties to the convention in their meetings from time to time.

“CITES” means the convention on International Trade in Endangered Species of wild flora and

fauna (1973) as ratified by the State of Pakistan, inclusive of its Articles and Appendices as are amended by the conference of Parties to the convention in their meetings from time to time.

“CMS” means the convention on Migratory Species of Wild Animals (1979) ratified by the State of

Pakistan, inclusive of its Articles and Appendices as are amended by the conference of Parties to the convention in their meetings from time to time.

“National Park” means natural area of land/or sea, designated to (a) protect the ecological

integrity of one or more ecosystems for present and future generations, (b) exclude exploitation or occupation inimical to the purposes of designation of the area, and (c) provide a foundation for spiritual, scientific, educational, regeneration and visitor opportunities, all of which must be environmental and culturally compatible.

“Wildlife Sanctuary” means an area set aside as undisturbed breeding ground for the protection

of wildlife and access there to for public is prohibited except in accordance with the rules, and no exploitation of forest therein is allowed except for reducing fire hazards, epidemic or insect attacks or other natural calamities.

“Game Reserve” means an area set aside where hunting of wild animals is not allowed except

under a special permit.


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“Conservancy” means any landscape which supports or has the potential to support significant biodiversity for sustainable multiple use management collaboratively by the local communities and government.

“Trophy” means any dead body or any horn, antler, tooth, tusk, bone, claw, hoof, skin, hair,

feather, egg-shell or other durable part of a wild animal whether or not included in a manufactured or processed article; rugs, skins, and specimens of such animals mounted in whole or in part through a process of taxidermy.

“Buffer Zone” means an area within or around a protected area, which may act as a transition zone between the core zone and multiple use zone of the protected area with respect to protection and utilization of natural resources therein. “Core Zone” means that part of a protected area, where every biotic interference is strictly prohibited unless specifically permitted.

“Village Conservation Committee (VCC)” means a committee constituted or organized under rule 4 of these rules;

“Protected Areas Management Plan” means a planning document at PA level aiming at

continuity of policy and action, and both prescribing and controlling basic operations in a forest over a period of years.

“Village Land Use Planning" means a participatory process by which a village Land Use Plan is

prepared to optimize the land use in a village; “Village Land Use Plan (VLUP)” means a planning document prepared by the VCC through the

Village Land Use Planning process; “Protected Area Plan (VPAP)” means a planning document prepared by the VCC through the

Village Land Use Planning process; “Women Organization” means an elected committee of the women representing all the

sections/hamlets of the village; “Biosphere Reserve” means an area of terrestrial and coastal/marine ecosystem or a

combination thereof, which is internationally recognized within the framework of UNESCO,s Programme on Man and Biosphere (MAB),s Statutory Framework of the World network of Biosphere Reserves;

“PA Community Officer” means an officer appointed by the Wildlife Officer/Park Manager to

perform duties as a social mobilizer, coordinator and supervise activities as enunciated in the Terms of Partnership;

“Protected Area Management Plan” means a written instrument of PA management, aiming at

continuity of policy and action, and both prescribing and controlling basic operations in a PA estate over a period of years;

“MEA” means a Multilateral Environmental Agreement ratified by Government of Pakistan.


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3. Protected Areas:- (1). The Provincial Government may be notification in the official Gazette, declare any forest land including reserved forest and protected forest or waste land which is the property of Government, or over which the Government has proprietary rights, or to the whole or any part of the forest produce including wildlife of which the Government is entitled, a Protected Area. (2) The PAs thus declared will also include other internationally recognized PA categories (enlisted under Rules 2008 made under this Ordinance) and the same may further be amended as and when required to meet challenges prevailing at that time. (3) Vide section 3(1), following categories of Pas are declared as: 1. Wildlife Sanctuary: (refer SWLPO 1972 to include all under section14- 1, 2 and 3 along with amendments up to June 2001 and Punjab WL Amendment Act, 2007) 2. National Park: (refer SWLPO 1972 to include all under section 15- 1, 2, 3 and 4 along with amendments up to June 2001 and Punjab WL Amendment Act, 2007) 3. Game Reserve (SWLPO 1972 to include all under section 16 and Punjab WL Amendment Act, 2007) 4. Private Game Reserve: (refer Punjab WL (Protection, Preservation, Conservation and Management), Amendment Act, 2007. 4. Pre-emptive Application of MEAs:-

Government may by notification in the official gazette, designate and declare any area, which qualifies for the implementation of any biodiversity related Multilateral Environmental Agreements to which the Government of Pakistan is signatory, as a protected area with appropriate nomenclature and prescribe its management as deemed proper.

5. Pre-emptive Application of the Ordinance:-

Where Government is satisfied that designation of an area is suitable for achieving one or more of the objectives of this Ordinance, it may declare such area with an appropriate nomenclature and prescribe its management through a notification in the official gazette.

6. De-notification and Alteration of Boundaries of Protected Area:-

Government may by notification in the official Gazette, de-notify a protected area or declare any alteration in the boundaries of a protected area declared under this Ordinance; under an explicit written request made by the Chief Conservator Wildlife, justifying such action.

Provided that Wildlife Sanctuary, National Park and Site of Special Scientific Interest shall neither

be de-notified nor curtailed in size except with the prior consent of the Wildlife Management Board.

7. Damage to Structures in Protected Area:-

No person shall damage, alter, counterfeit, deface or displace boundaries of a protected area, enclosures, transects, government infra structures, visitors facilities, water bodies or any such other structure or facility created for the management of wildlife or protected areas.


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8. Legal Status, Empowerment and Benefit Sharing of Community Organizations in Protected Area:- (1) Government or an officer authorized in this behalf may recognize the formation of community representative organization/s in a protected area as co-management partner/s for the management of biological diversity and may accord recognition and legal status, with the conditions as may be prescribed, to the byelaws, collective funds, rules of business and functions of such community representative organization/s under the Ordinance.

(2) The community representative organization thus recognized under sub-section 1 above,

any benefit accrued from the commercial sustainable use of elements of biodiversity in a protected area shall be shared equitably among the community and the government as may be prescribed.

(3) The Government or an officer authorized in this behalf may empower to select members of

the community representative organization recognized under sub-section 1 above, and the owner(s) of a private game reserve, to exercise, within limits of their jurisdiction, any or all of the powers exercisable by an officer under this Ordinance.

9. Power to make Rules:- (1) The Provincial Government may, by notification in the Official Gazette make rules for carrying out the provisions of this Ordinance.


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Annexure-6

DRAFT NOTIFICATION OF PROTECTED AREAS MANAGEMENT CATEGORY RULES, 2008 MADE UNDER WILDLIFE (PROTECTED AREAS) ORDINANCE, 2008.

1. Short title and commencement:- (1) These rules may be called provincial Government Protected Areas Management Category Rules 2008. (2) They shall apply to such area or areas as Government may specify from time to time. (3) The rules will come into force at once.

2. Definitions:- In these rules, unless the context otherwise requires: -

“Animal” includes amphibians, reptiles, birds and mammals and their young, and also includes, in the cases of reptiles and birds, their eggs and nests, excluding livestock, poultry and pets.

“Animal Articles” means an article made from any captive animal or wild animal, and includes an article or object in which the whole or any part of such animal has been used;

“Biodiversity (Biological Diversity)” means the variability among all living organisms from all sources including inter alia terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are part; this includes diversity within species, between species, and ecosystems.

“Buffer Zone” means an area within or around a protected area, which may act as a transition zone between the core zone and multiple use zone of the protected area with respect to protection and utilization of natural resources therein.

“CBD” means the Convention on Biological Diversity (1992) as ratified by the State of Pakistan, inclusive of its Articles as are amended by the Conference of Parties to the Convention in their meetings from time to time.

“CITES” means the Convention on International Trade in Endangered Species of Wild Flora and Fauna (1973) as ratified by the State of Pakistan, inclusive of its Appendices as are amended by the Conference of Parties to the Convention in their meetings from time to time.

“CMS” means the Convention on Migratory Species of Wild Animals (commonly known as Bonn Convention) 1983 as ratified by the State of Pakistan, inclusive of its Appendices as are amended by the Conference of Parties to the Convention in their meetings from time to time.

“Conservancy” means an extensive area of landscape of natural ecosystem that is managed collaboratively by the government and the local community for conservation and sustainable use of biological resources, through a conservation management authority.

“Core Zone” means that part of a protected area, where every biotic interference is strictly prohibited unless specifically permitted.

“Game Reserve” means any area where hunting of wild animals is not allowed except under special permit specifying number and kind of animals to be hunted, method of hunting and duration of which permit is valid.


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“Habitat” means natural environment including biotic and abiotic factors essential for free survival of an animal.

“Indigenous” refers to a wildlife species native to a specified area, a country or a region but not introduced.

“Invasive Species” are the species introduced in a habitat where they outgrow the native species, and may reach a level where they could become a weed or a pest.

“Sustainable Use” means the use of components of biological diversity in a way and at a rate that does not lead to the long-term decline of biological diversity, thereby maintaining its potential to meet the needs and aspirations of present and future generations.

“Trophy” means any dead body or any horn, antler, tooth, tusk, bone, claw, hoof, skin, hair, feather, egg-shell or other durable part of a wild animal whether or not included in a manufactured or processed article; rugs, skins, and specimens of such animals mounted in whole or in part through a process of taxidermy.

“Wildlife” includes wild animals along with their habitat including plants, soil, water, organic resources and invertebrates. 3. The protected areas shall be categorized (IUCN 1994) as under:-

I. Strict Protection: a. Strict Nature Reserve

b. Wilderness Area II. Ecosystem conservation and recreation (National Park) III. Conservation of natural features (Natural Monument) IV. Conservation through active management (Habitat/Species Management Area) V. Landscape/seascape conservation and recreation (Protected Landscape/Seascape) VI. Sustainable use of natural ecosystems (Managed Resources Protected Area) 4. The following objectives and selection criteria for the categories and sub-categories shall be adopted as a standard for protected areas management and system planning. Category I – Strict Nature Reserve/Wilderness Area: protected area managed mainly for science

or wilderness protection Category I. a – Strict Nature Reserve: protected area managed mainly for science Definition: Area of land and/or sea possessing some outstanding or representative ecosystems, geological or physiological features and/or species, available primarily for scientific research and/or environmental monitoring.


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Objectives of Management:

to preserve habitats, ecosystems and species in as undisturbed a state as possible

to maintain genetic resources in a dynamic and evolutionary state

to maintain established ecological processes

to safeguard structural landscape features or rock exposures

to secure examples of the natural environment for scientific studies, environmental monitoring and education, including baseline areas from which all avoidable access is excluded

to minimize disturbance by careful planning and execution of research and other approved activities

to limit public access Guidance for Selection:

The area should be large enough to ensure the integrity of its ecosystems and to accomplish the management objectives for which it is protected.

The area should be significantly free of direct human intervention and capable of remaining so.

The conservation of the area's biodiversity should be achievable through protection and not require substantial active management or habitat manipulation (c.f. Category IV).

Equivalent category in IUCN (1978): Scientific Reserve/Strict Nature Reserve:

Category I. b – Wilderness Area: Protected area managed mainly for wilderness protection. Definition: Large area of unmodified or slightly modified land, and/or sea, retaining its natural character and influence, without permanent or significant habitation, which is protected and managed so as to preserve its natural condition.

to ensure that future generations have the opportunity to experience understanding and enjoyment of areas that have been largely undisturbed by human action over a long period of time.

to maintain the essential natural attributes and qualities of the environment over the long term

to provide for public access at levels and of a type which will serve best the physical and spiritual well-being of visitors and maintain the wilderness qualities of the area for present and future generations.


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to enable indigenous human communities living at low density and in balance with the available resources to maintain their lifestyle.

Guidance for Selection:

The area should possess high natural quality, be governed primarily by the forces of nature, with human disturbance substantially absent, and be likely to continue to display those attributes if managed as proposed.

The area should contain significant ecological, geological, physiogeographic, or other features of scientific, educational, scenic or historic value.

The area should offer outstanding opportunities for solitude, enjoyed once the area has been reached, by simple, quiet, non-polluting and non-intrusive means of travel (i.e. non-motorized).

The area should be sufficient size to make practical such preservation and use. Equivalent category in IUCN (1978): no direct equivalent:

Category II – National Park: Protected area managed mainly for ecosystem protection and

tourism Definition: Natural area of land and/or sea, designated to (a) protect the ecological integrity of one or more ecosystems for present and future generations, (b) exclude exploitation or occupation inimical to the purposes of designation of the area and (c) provide a foundation for spiritual, scientific, educational, recreational and visitor opportunities, all of which must be environmentally and culturally compatible. Objectives of Management:

to protect natural and scenic areas of national and international significance for spiritual, scientific, education, recreational or tourist purposes.

to perpetuate, in as natural a state as possible, representative examples of physiographic regions, biotic communities, genetic resources, and species, to provide ecological stability and diversity.

to manage visitor for inspirational, education, cultural and recreational purposes at a level which will maintain the area in a natural or near natural state.

to eliminate and thereafter prevent exploitation or occupation inimical to the purposes of designation.

to maintain respect for the ecological, geomorphologic, sacred or aesthetic attributes which warranted designation.

to take into account the needs of indigenous people, including subsistence resource use, in so far as these will not adversely affect the other objectives of management.


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The area should contain a representative sample of major natural regions, features or scenery, where plant and animal species, habitats and geo-morphological sites are of special spiritual, scientific, educational, recreational and tourist significance.

The area should be large enough to contain one or more entire ecosystems not materially altered by current human occupation or exploitation.

Equivalent Category in lUCN 1978: National Park

Category III– Natural Monument: protected area managed mainly for conservation of specific

natural features. Definition: Area containing one or more specific natural or natural/cultural features which are of outstanding or unique value because for their inherent rarity, representative or aesthetic qualities or cultural significance. Objectives of Management:

to protect or preserve in perpetuity specific outstanding natural features because of their natural significance, unique or representational quality, and/or spiritual connotations.

to an extent consistent with the foregoing objective, to provide opportunities for research, education, interpretation and public appreciation.

to eliminate and thereafter prevent exploitation or occupation inimical to the purpose of designation.

to deliver to any resident population such benefits as are consistent with the other objectives of management.


The area should contain one or more features of outstanding significance (appropriate natural features include spectacular waterfalls; caves, craters, fossil beds, sand dunes and marine features, along with unique or representative fauna and flora; associated cultural features might include cave dwellings, cliff-top forts, archaeological sites, or natural sites which have heritage significance to indigenous peoples).

The area should be large enough to protect the integrity of the feature and its immediate related surroundings.

Category IV– Habitat/Species Management Area: Protected area managed mainly for conservation

through management intervention. Definition: Area of land and/or sea subject to active intervention for management purposes so as `the maintenance of habitats and/or to meet the requirements of specific species.


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Objectives of Management:

to secure and maintain the habitat conditions necessary to protect significant species, groups of species, biotic communities or physical features of the environment where these require specific human manipulation for optimum management.

to facilitate scientific research and environmental monitoring as primary activities associated with sustainable resource management.

to develop limited areas for public education and appreciation of the characteristics of the habitats concerned and of the work of wildlife management.

to eliminate and thereafter prevent exploitation or occupation inimical to the purpose of designation.

to deliver such benefits to people living within the designated area as are consistent with the other objectives of management.


The area should play an important role in the protection of nature and the survival of species (incorporating, as appropriate, breeding areas, wetlands, coral reefs, estuaries, grasslands, forests or spawning areas, including marine feeding beds).

The area should be one where the protection of the habitat is essential to the well-being of nationally or locally-important flora, or to resident or migratory fauna.

Conservation of these habitats and species should depend upon active intervention by the management authority, if necessary through habitat manipulation (c.f. Category Ia).

The size of the area should depend on the habitat requirements of the species to be protected and may range from relatively small to very extensive.

Equivalent Category in lUCN 1978: National Conservation Reserve/Managed Nature Reserve/Wildlife

Sanctuary

Category V– Protected Landscape/Seascape: Protected area managed mainly for

landscape/seascape conservation and recreation. Definition: Area of land, with coast and sea as appropriate, where the interaction of people and nature over time has produced an area of distinct character with significant aesthetic, ecological and/or cultural value, and often with high biological diversity. Safeguarding the integrity of this traditional interaction is vital to the protection, maintenance and evolution of such an area. Objectives of Management:

to maintain the harmonious interaction of nature and culture through the protection of landscape and/or seascape and the continuation of traditional land uses, building practices and social and cultural manifestations.


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to support lifestyles and economic activities which are in harmony with nature and the preservation of the social and cultural fabric of the communities concerned.

to maintain the diversity of landscape and habitat, and of associated species and ecosystems.

to eliminate where necessary, and thereafter prevent, land uses and activities which are inappropriate in scale and/or character.

to provide opportunities for public enjoyment through recreation and tourism appropriate in type and scale to the essential qualities of the areas.

to encourage scientific and educational activities which will contribute to the long term well-being of resident populations and to the development of public support for the environmental protection of such areas.

to bring benefits to, and to contribute to the welfare of local community through the provision of natural products (such as forest and fisheries products) and services (such as clean water or income derived from sustainable forms of tourism).


The area should possess a landscape and/or coastal and island seascape of high scenic quality, with diverse associated habitats, flora and fauna along with manifestations of unique or traditional land-use patterns and social organizations as evidenced in human settlements, and local customs, livelihoods, and beliefs.

The area should provide opportunities for public enjoyment through recreation and tourism within its normal lifestyle and economic activities.

Equivalent category in IUCN (1978): Protected Landscape

Category VI– Managed Resources Protected Area: Protected area managed mainly for the

sustainable use of natural ecosystems. Definition: Area containing predominantly unmodified natural systems, managed to ensure long term protection and maintenance of biological diversity, while providing at the same time a sustainable flow of natural products and services to meet community needs. Objectives of Management:

to protect and maintain the biological diversity and other natural values of the area in the long term.

to promote sound management practices for sustainable production purposes.

to protect the natural resource base from being alienated for other land use purposes that would be detrimental to the area's biological diversity.


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to contribute to regional and national development. Guidance for Selection:

At least two-thirds of the area should be in, and is planned to remain in, a natural condition, although it may also contain limited areas of modified ecosystems; large commercial plantations are not to be included.

The area should be large enough to absorb sustainable resource uses without detriment to its overall long-term natural values.

A management authority must be in place.

Equivalent category in IUCN (1978): no direct equivalent:


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Annex-7

DRAFT NOTIFICATION OF COMMUNITY PARTICIPATION RULES, 2008 MADE UNDER WILDLIFE (PROTECTED AREAS) ORDINANCE, 2008

No SO (Tech)…….:- In exercise of the powers conferred by the Wildlife (Protected Areas) Ordinance 2008 and in supersession of all previous rules on the subject, the provincial government is pleased to make the following rules, namely;

Provincial Government

Community Participation Rules, 2008

1. Short title and commencement: - (1) These rules may be called the Provincial Government Community Participation Rules, 2008. (2) They shall apply to such area or areas as Government may, from time to time specify. 2. Definitions: - In these rules, unless the context otherwise requires: -

"Audit and Monitoring Committee" means an Audit and Monitoring Committee under these rules;

"Beneficiary" means a local person who is entitled to use, or interested in the forest resources

and the right of such use is recognized by law or enforced by courts, customs, convention and include forest owners, all rights holders, secessionists and users of forest resources;

"Citizen Community Board" means the Citizen Community Board setup and registered under the

Local Government Ordinance; "Community Development Officer" means an officer designated by Government to provide

specialized support in social organization and allied services in a forest division; "Concession" means any benefits granted by Government in a forest with respect to any forest

produce or share in sale proceeds in consideration of or for doing something special of economic or social or environmental value for the sustainable development of natural resources;

"Concessionist" means a person to whom concession has been granted under these rules; "Customary rights" means rights of use of forest produce according to local customs, traditions

and usage; "Village" means a Village as recorded in the record of Revenue Department; “Protected Areas Management Plan” means a planning document at PA level aiming at

continuity of policy and action, and both prescribing and controlling basic operations in a forest over a period of years;


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"Village Conservation Committee (VCC)” means a committee constituted or organized under rule 4 of these rues;

"Village Land Use Planning (VLUP)” means a participatory process by which a village Land Use

Plan is prepared to optimize the land use in a village; "Village Land Use Plan (VLUP)” means a planning document prepared by the VCC through the

Villag Land Use Planning process; “Village Protected Area Plan (VPAP)” means a planning document prepared by the VCC through

the Village Land Use Planning process; "Women Organization" means an elected committee of the women representing all the

sections/hamlets of the village; "Yearly Plan of Operation" means an annual plan jointly elaborated by the VCC, and Women

Organization for the implementation of VLUP and on year-to-year basis specifying jobs to be performed by each partner and the required budget.

3. Community Participation:- (1) The inhabitants of a village may agree to manage land resources falling in the jurisdiction of the village after they have organized themselves in a VCC and a Women Organization (WO) and notified as such by the Park Manager/Wildlife Officer concerned.

(2) The VCC shall prepare a VPAP through the process of Village Forest Land Use Planning

with the technical assistance of Wildlife Department or some other technical expert(s), if any.

(3) The VCC shall implement and monitor the VPAP under an agreement signed between the Committee and Wildlife Department/Park Management or other stakeholder(s).

4. Establishment of Village Conservation Committee:- (1) Subject to sub-rule (4), the in habitants of a Village may get organized into a VCC representing all social sections and all hamlets of the community as part of Village Land Use Planning process where they have agreed through a written proposal to the Wildlife Officer/Park Manager to take active part in the preparation VPAP and its implementation.

(2) The number of inhabitants of a village, who intends to establish a VCC shall comprise of more than 50% of the population and their ownership/concessions shall not be less than two third of the area of such Village.

(3) There shall be a General Body of the VCC, which shall comprise of all the male inhabitants

of the Village.

(4) The General Body may recognize an existing local village organization, if any, into a VCC, or elect on their free will a VCC comprising of 8 to 12 members in which each social section/hamlet of the village or villages, as the case may be, represented.

(5) The VCC shall elect a Chairman, Vice Chairman, Secretary and a Treasurer from amongst

themselves;


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(6) The VCC may co-opt representation from other stakeholders as members to help the VCC in discharging its functions.

(7) Deputy Wildlife Officer/Deputy Park Manager and Community PA Officer (CPAO) shall

verify the written request for the inhabitants/beneficiaries and fix date with their consultation for aforementioned election and facilitate and observe the entire process of election and send the record along with their recommendation to the Wildlife Officer/Park Manager.

(8) Subject to sub-rule (1), the tenure of the VCC shall be three years from the day of its

registration or its assuming office after re-election.

(9) Vacancy caused due to any reason shall be filled in the same manner and shall last till the remaining tenure of the VCC.

(10) The General Body of VCC may extend tenure of the VCC for a period of not more than one

year and only once.

5. Termination of membership from the Village Conservation Committee: - (1) Member-ship shall be terminated in the following cases, by majority of the members of the General Body after giving a show-cause notice of 15 days when a member;

does not attend three consecutive meetings of the VCC without any valid reason;

fails to fulfill his obligations, as member of VCC or his conduct is prejudicial to the Village Plan;

is convicted in a forest offence or wildlife offence case;

works constantly in detriment to the function of VCC;

ceases to live in the village as a result of permanent migration.

(2) Upon voluntary resignation from the VCC, no show-cause notice shall be required. 6. Functions, duties and powers of the Village Conservation Committee:- (1) A VCC, with the technical assistance of Wildlife Department, shall be responsible for the preparation of VPAP and its implementation in collaboration with concerned Women Organization.

(2) It may suggest establishment of sub-committee(s) for implementation of special tasks as given in VPAP and modification in the VPAP through a resolution after identifying needs of the inhabitants/beneficiaries.

(3) It shall ensure smooth and timely execution of all natural resources related and procurement of resources including labour for the activities specified in the VPAP and shall maintain record on prescribed format.

(4) It shall identify inhabitants/beneficiaries through a resolution of its meeting for carrying out certain activities, services or to get training.


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(5) It shall carry out afforestation on wastelands and ensure its protection and other allied

works as provided in VPAP and under an agreement with the Wildlife Department or other stakeholder(s).

(6) It shall ensure that the labourers and inhabitants/beneficiaries receive their wages and share as provided in the VPAP and the agreement signed with the Wildlife Department or other stakeholder(s).

(7) It shall maintain and operate a joint account in a bank for the purposes specified in VPAP and the agreement executed with Wildlife Department or other stakeholder(s).

(8) It shall resolve conflicts that may arise in the Committee itself or among the inhabitants/beneficiaries and shall try that the issues are not taken to courts.

(9) It shall keep on motivating the inhabitant/beneficiaries to be persistently involved in all the activities as volunteers or on wages, as the case may be.

(10) It shall execute agreement, on behalf of the inhabitants/beneficiaries, with Wildlife Department or other stakeholder(s) for preparation and implementation of VPAP. 7. Establishment of Women Organization:- (1) The female inhabitants of a village may get organized into a Women Organization (WO) representing all social sections and all hamlets of a village as part of Village Land Use planning Process where they have agreed through a written proposal to the Wildlife Officer to take active part in the preparation of VPAP and its implementation.

(2) There shall be a General Body of the WO which shall comprise of all the female inhabitants of the Village.

(3) The General Body shall elect on their free will a Committee called Women Organization comprising of 8 to 12 members in which each social section and hamlets of the Village(s) shall be represented.

(4) The WO shall elect a Chairperson, Vice Chairperson, Secretary and a Treasurer from amongst themselves.

(5) The WO may co-opt representation from other stakeholders as member(s) to help the Organization in discharging its functions.

(6) Result of the election shall be sent to the Wildlife Officer by the Community PA Officer.

(7) The provision for registration and tenure of the WO and termination of its membership shall be the same as provided for VCC. 8. Function, duties and powers of Women Organization:- (1) WO shall participate in the preparation of the VPAP as far as the activities relating to female inhabitant/beneficiaries are concerned.

(2) It shall nominate female inhabitants/beneficiaries through a resolution of the meeting for carrying out certain activities, services or to get trainings.


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(3) It shall ensure that the labourers female beneficiaries receive their wages and share as

provided in the VPAP and the agreement signed with Wildlife Department or other stakeholders.

(4) It shall resolve conflicts that may arise in the WO itself or among the female beneficiaries.

(5) It shall keep on motivating the female beneficiaries to be persistently involved in all the activities as volunteers or on wages; as the case may be.

(6) It shall execute agreement on behalf of the female beneficiaries with the Wildlife Department or other stakeholders for preparation and implementation of VPAP.

(7) It shall maintain and operate a joint account in a bank for the purposes specified in the VPAP and the agreement executed with Wildlife Department or other agency. 9. Preparation of Village Protected Area Plan: - A plan shall be prepared by the VCC with the coordination and technical assistance of Wildlife Department or other technical expert(s) if any, for overall land use of the village through the process of Village Land Use Planning for a period of five year. VCC and WO shall implement and monitor the plan under a partnership arrangement with Wildlife Department or other stakeholder(s), as the case may be. 10. Meetings:- (1) In the context of the functions assigned to VCC/WO under these rules, there shall be conducted meetings on specific agenda and at a specific venue by the Committee or the organization, as the case may be, so as to secure the continuous flow of information to enable management of activities to be performed by all the partners of VCC/WO and to secure ongoing monitoring and evaluation.

(2) For this purposes there shall be conducted by the VCC or the WO, as the case may be.

an annual General Body meeting in or around the Village concerned.

an extra-ordinary General Body meeting when called by at least two third of all the inhabitants/beneficiaries or two third members of VCC or WO and

Periodical meetings at least six in a year in the Village concerned.

(3) To convene a General Body Meeting, at least fourteen days written notice shall be given by the Secretary of VCC or WO to the inhabitants and other and other stakeholders, if any, including representative of Wildlife Department. The meeting shall be presided by Chairperson of the VCC or the WO concerned.

(4) The Secretary of the VCC or WO may convene an extra-ordinary General Body meeting in case of any emergency on not less than 7 days notice to be attended by more than 50% inhabitants/beneficiaries, more than 2/3rd members of VCC or WO and the Wildlife Officer concerned. The meeting shall be presided by the Chairperson of the VCC or WO, as the case may be. An extra-ordinary General Body Meeting shall not be a replacement for the annual General Body meeting and shall concentrate only on issue for which it has been convened.


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(5) The VCC and the WO shall conduct regular periodic meetings at least six times a year at a given venue in such a manner and at such notice as the Committee or the Organization may decide. The participation of at least two-third members of the VCC or the WO, as the case my be and the representative of other stakeholders is necessary to conduct the business. 11. Business to be discussed in the General Body meeting:- (1) The Following shall be the business to be conducted in the General Body meeting:

discussion on activities of VCC/WO as provided in VPAP and Yearly Plan of Operation of previous year;

presentation, discussion and approval of annual reports. Yearly Plan of Operation as presented by the Chairperson of the VCC/WO and report of the Audit and Monitoring Committee;

establishing Audit and Monitoring Committee;

review management of PA and distribution of concessions amongst beneficiaries;

termination of agreement with Wildlife Department or other stakeholder(s);

extension of tenure of VCC/WO; and

any other matter of general concern.

(2) All matters, except sub-rule (I)(f), shall be decided by simple majority of votes while the mater of sub-rule (I) (e) shall be decided by two-third majority in the General Body meeting. In case of equality of votes, the Chairperson shall have a second or casting vote.

(3) All matters discussed in a meeting of the General Body shall be recorded in the proceeding book to be maintained for the purpose and shall be countersigned by the Chairperson and a copy of which shall be supplied to the Wildlife Officer/Park Manager concerned. 12. Business to be discussed in periodic meetings: -

VCC or the WO, as the case may be, in its periodic meetings, shall conduct all or any of the following business:

(1) to review progress on all developmental and other activities as given in the VPAP, previous resolutions/decisions and events in the light of the reports presented by the Committee/Organization or other stakeholder(s);

(2) to define and arrange detailed activities as provided in the VPAP and the agreement signed with other stakeholder(s);

(3) to identify other interested parties for provision of technical and financial assistance

required for implementation of VPAP;


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(4) to review progress of the Audit & Monitoring Committee and make necessary adjustments in the functions and working schedule;

(5) to discuss any resolve and other matter presented by members including proposals and

resolving conflicts arising amongst the inhabitants/beneficiaries with VCC or the WO, as the case may be, or other stakeholders;

(6) to discuss and decide any financial matter presented by the Audit and Monitoring

Committee, or raised by the members; (7) the Secretary of VCC or the WO, as the case may be, shall record minutes of the meeting

in the shape of a resolution in a register signed by the members and copy sent to Wildlife Officer/Park Manager and representative of other stakeholder, if any. 13. Establishment and function of the Audit and Monitoring Committee:- (1) An Audit and Monitoring Committee shall be established by the General Body concerned which shall consist of not more than five members elected or nominated from beneficiaries, including representative of Wildlife Department and other stakeholders, if any.

(2) The Audit and Monitoring Committee shall be responsible to carry out the following functions according to a schedule:

it shall carry out physical inspection and qualitative analysis of all activities mandated to VCC and WO;

it shall monitor the progress on implementation of activities as elaborated in Yearly Plan Operation;

it shall monitor utilization of funds, cash expenditure and returns and to ensure those commensurate with physical works and other services;

it shall check the provision and distribution of concession, other shares and shall also check the proper utilization of any forest produce provided to the beneficiaries; and

it shall check that due wages have been made over to laborers and providers in time and according to the agreement.

(3) The Audit and Monitoring Committee shall submit its report in the meeting of VCC, or WO, as the case may be, in the meeting of the General Body concerned. 14. Functions, duties and powers of the General Body:-

(1) The General Body may call extra-ordinary emergency meeting when necessary. (2) The General Body of a village/hamlet shall have the power to remove their representative

from the membership for not carrying out his/her duties satisfactorily in the VCC/WO, as the case may be, and the concerned hamlet shall elect/nominate another member.


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(3) The General Body shall assist the VCC/WO and other sub-committees in discharging their duties relating to all conservation and development works, forest management and protection strategies as contained in VPAP and per terms and conditions decided in the VCC meeting.

(4) The General Body have the right to terminate the agreement executed in pursuance of

rules 6(10), and if two-third majority wish to do so in a meeting of the General Body pursuant to clause (c) of sub-rule (1) of rule 11.

15. Role of the Wildlife Department: - (1) The Wildlife Department shall:

assist the VCC, and WO in preparation and revision of VPAP and in providing extension services and other technical support required in matters relating to planning, organization, management and preparation of Yearly Plan of Operation and other reports.

assist the VCC, and WO in implementation of VPAP, and Yearly Plan of Operation and monitoring of such works;

make payment to the VCC, and WO well in time for works and services carried out by them or their share in sale proceeds of forest produce according to the terms and conditions of the agreement;

assist the VCC, and WO in linking with other governmental and non-governmental organizations and financial institutions;

assist in prompt disposal of other issues/matters; and

execute agreements with the Committee concerned where necessary. Appointment of Protected Area Community Officer and issue of management orders:-

(2) The Wildlife Officer/Park Manager may appoint Protected Area Community officers

(PACO) for sustainable management of protected areas including its grazing lands and may issue general or special management orders to such officers to supervise and ensure implementations of work enlisted in the VPAP, and Terms of Partnership/Agreement, and any other deemed necessary in this respect. In case of any contravention of orders issued under sub-section (1), the Wildlife Officer/Park Manager may direct that no trees be felled, or any wildlife or forest produce be removed from such lands without his prior permission in writing or of such officials as may be authorized by him in this behalf, and if permission to kill or hunt or capture or sell forest produce or brushwood has been accorded, he may withdraw such permission.

(3) The Wildlife Officer and the PACO shall attend the meeting of the VCC, and WO shall negotiate with them and, if possible, settle and resolve matters arising amongst the VCC and WO and other partners and shall forward a written report to the Wildlife Officer/Park Manager.

(4) The Wildlife Officer/Park Manager shall invariable attend extra-ordinary meeting and at least two regular meetings of the VCC, and WO in a year and provide all required technical and financial support.


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(5) Strengthening of legal services:- The Department in consultation with Law, Parliamentary Affairs and Human Rights Departments, engage as many lawyers as Wildlife standing counsels, as may be deemed fit for effective defense and pleading of the civil suits, criminal cases and appeals of civil/criminal cases filed by or against the Department or any Wildlife Officer/Park Manager. For the purpose of sub-section (1), the Department shall make appropriate budgetary provisions. 16. Role of other stakeholders: - Other stakeholders shall provide assistance in the fields of their specialty particularly community organization, capacity building, financial capital formation, institutional strengthening, monitoring and evaluation under an agreement executed between VCC, and WO and stakeholder to be witnessed by Wildlife Department. Activities of the stakeholders shall be reflected in the VPAP and Yearly Plan of Operation. 17. Procedure for cancellation of agreement and dissolution or restoration of the Village Conservation Committee/Women Organization: - (1) If Wildlife Department finds the implementation of the VPAP and agreements unsatisfactory, the Wildlife Officer/Park Manager concerned shall make all efforts to resolve the issue. If no settlement is reached, the Wildlife Officer/Park Manager shall convene an extra ordinary meeting of the General Body to discuss and resolve the matter.

(2) If the matter under sub-rule (1) cannot be resolved, the Wildlife Officer/Park Manager shall serve a notice of not less than 30 days on the VCC. and WO, as the case may be, to show cause as to why it should not be dissolved, clearly describing the reasons thereof.

(3) If the VCC, and WO, as the case may be, fails to respond within the stipulated period or its reply is not satisfactory, the Wildlife Officer/Park Manager shall dissolve committee concerned or the WO, as the case may be, and the agreement executed by it shall also stand cancelled.

(4) The VCC, and WO, as the case may be, may prefer an appeal against the order of the Wildlife Officer/Park Manager under sub-rule (3) to the Conservator Wildlife/Project Director within sixty days of the said order.

(5) The Conservator Wildlife/Project Director shall decide the matter in sixty days and his decision shall be final. In case of non-restoration of committee the assets liabilities shall be handed over to the committee succeeding the committee so dissolved.

(6) In case a committee is not restored, the General Body shall re-elect the committee concerned within 45 days of the decision of the Conservator Wildlife/Project Director. 18. Extent of benefits:- (1) Beneficiaries are entitled to exercise their rights and receive their share as prescribed in the VPAP. They are particularly allowed to collect and market non-timber forest produce like herbs, seeds, spices, grasses, mushrooms, medicinal plants from the forest, subject to management, resolution or restriction provided in the VPAP and under other terms and conditions of the agreement executed between Wildlife Department.

(2) Beneficiaries shall not be entitled to collect trees for any purpose that has been killed artificially through girdling, fire or by any other means. 19. Field Operations and Joint Account:- (1) After signing of the agreement with Wildlife Department or other stakeholder, the VCC, or the WO, as the case may be, shall be responsible to execute


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the works and provide services according to terms and conditions of the agreement. The VCC, or the WO, as the case may be, keep and operate a joint account in the name of Chairperson and Treasurer concerned in a local commercial bank and also maintains a record on prescribed pattern with regard to all cash inflow and outflow. Following shall be the guidelines for financial transaction:

the VCC, or the WO shall submit a bill on prescribed format to the Wildlife Department or other stakeholder for the works and services performed by it;

the Wildlife Department or other stakeholder shall make payment within 15 days after receipt of bill from VCC, or the WO, as the case may be;

all the cheques for activities and services carried out by VCC, and WO shall be issued in its name and deposited in its joint account for which entries shall be made accordingly in the record;

the Village Forest Development committee, or the Women Organization, as the case may be, shall make payment on the bills submitted by the concerned individuals including labourers within 15 days from the receipt of cheques from the issuing authority. Payment of more than Rs. 5,000 shall be made through cheques to an individual;

CC, or the WO, as the case may be, shall deduct an agreed amount form the bills which shall be deposited in the joint accounts and be spent on activities reflected in VPAP. and Yearly Plan of Operation or identified through a resolution of the meeting of VCC, or the WO. as the case may be;

the amount received shall be distributed amongst the beneficiaries within 15 days of its receipt after deducting an agreed amount to be utilized as in para (1)(c).

(2) The VCC, or the WO, as the case may be, shall produce all the record to Audit and

Monitoring Committee for auditing purpose. 20. Procedure:- If any difficulty is felt in the smooth functioning of these rules, the Chief Conservator Wildlife may issue such orders and directions not inconsistent with these rules, as deem necessary.


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ANNEX-8

DRAFT WILDLIFE (PROTECTED AREA COMMUNITY OFFICER) ORDINANCE, 2008

An ordinance to provide appointment of Protected Area Community Officer under Wildlife

(Protected Area) Ordinance 2008 relating to Protected Area, to perform duties prescribed by the Wildlife Officer/Park Manager managing a Protected Area. 1. Short title, extent and commencement i. This ordinance may be called the Wildlife (Community PA Officer) Ordinance, 2008. ii. It shall come into force at once. 2. Definition:- In this Ordinance, unless the context otherwise requires;

PA Community Officer means an officer appointed by the Wildlife Officer/Park Manager to perform duties as a social motivator, coordinator and supervise activities as enunciated in the Terms of Partnership.

3. Issue of management orders: - (1) The Wildlife Officer/Park Manager may issue general or special management orders to such officer for the prohibition of killing, hunting, or capturing of wildlife or cutting, felling, removing of timber or forest produce, debarking, boring, girdling, or otherwise injuring of trees or brushwood, or clearing of land for cultivation, building or road construction, or any other infrastructure, or lopping of trees or brushwood in such lands, and for the regulation of any timber or forest produce for village requirements.

(2) In case of any contravention of orders issued under sub-section (1), the Wildlife officer/Park Manager may direct that no killing, hunting or capturing be carried or trees be felled, or any forest produce be removed from such lands without his prior permission in writing or of such officials as may be authorized by him in this behalf, and if permission to kill, hunt or capture of wildlife or sell forest produce or brushwood has been accorded, he may withdraw such permission. 4. Power to make rules: - (1) The Provincial Government may, by notification in the Official Gazette make rules for carrying out the provisions of this Ordinance.


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ANNEX-9 DRAFT PROTECTED AREA (MANAGEMENT PLAN) ORDINANCE, 2008

An ordinance to provide a planning document to manage all the Protected Areas under a properly

prepared Management Plan for continuity and consistency of National Wildlife Policy and implementation of its directives at Protected Areas level.

1. Short title, extent and commencement i. This ordinance may be called the Protected Area (Management Plan) Ordinance, 2008. ii. It shall come into force at once. 2. Definition:- In this Ordinance, unless the context otherwise requires;

(1) Protected Area Management Plan means a written instrument of PA management, aiming at continuity of policy and action, and both prescribing and controlling basic operations in a PA estate over a period of years.

(2) Officer means (i) any person appointed in this behalf to carry out all or any of the purposes of this Ordinance or to do anything required by this Ordinance or any rule made there under to be done by an officer. (ii) any Wildlife Officer/Park Manager as defined in the Wildlife (Protected Areas) Ordinance 2008. 3. Protected Area Management Plan; (1) All Protected Areas shall be managed under the properly prepared Protected Areas Management Plans duly approved by the Provincial Government. (2) Where such management plans do not already exist, they shall be prepared as expeditiously as possible and updated regularly under the direction of the Department and with such involvement of local communities and interested parties as may be possible. (3) The Protected Area Management Plan shall emphasize in particular the protection, Preservation, conservation, and management of PA and Wildlife and include eco-tourism, recreation, education and research consistent with the objectives of Protected Area Management. Commercial harvesting of timber in the core zone of Protected Area is prohibited. (4) Government may prescribe procedure for preparation of management plans, including guidelines for sharing of the costs of preparation of management plans by interested parties. 4. Power to make rules: - (1) The Provincial Government may, by notification in the Official Gazette make rules for carrying out the provisions of this Ordinance.

Protected Areas Management Ministry of Environment

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