POLICY BRIEF ON ENVIRONMENTAL

GOVERNANCE FOR EFFECTIVE CLIMATE CHANGE

ADAPTATION TO RESOLVE CRITICAL ENVIRONMENTAL

ISSUES OF THE INDIAN HIMALAYAN REGION (IHR)

Presentation By: Naysa Ahuja

Enviro Legal Defence Firm In collaboration with

Environment, Law and Development FoundationAugust 2015

SCOPE OF WORK &

APPROACH

SCOPE OF WORK AIM: integrated strategy for governing of resources and mountain

societies in IHR

DELIVERABLE: Policy brief to identify and analyse good environmental policies and practices for IHR for effective climate change adaptation

RESEARCH METHODOLOGY: Desk-based, interviews, & Workshop

DURATION: 60 days (draft policy brief)

APPROACH: livelihood, landscape, integrated, transboundary,

ASSESSMENT: Existing policies, Action plans, judicial position on climate adaptation (National, IHR states and International)

CORE SECTORS- Energy, Agriculture, Forest & Biodiversity, Urban Development, Waste Management

This is the First Draft Policy Brief!

OVERVIEW OF THE PAPER Climate Adaptation & its Status in India Principles for framing IHR integrated policy International Mountain Context Good practices Policy findings & recommendations Policy Takeaways

IHR AND CLIMATE CHANGE ADAPTATION

IHR-MOUNTAIN AND DEVELOPMENT CONTEXT

GEOGRAPHICAL COVERAGE: 5.37 lakh km2

ADMINISTRATIVE COVERAGE: 10 states and 2 states partially

HABITAT: Home to around 74 million people

ECOLOGICAL SIGNIFICANCE: one of the 34 biodiversity hotspots ; 60 eco-regions, 330 important bird areas, 53 important plant areas Supports some of the major river systems of the world for India, Nepal, Bangladesh, China, Bhutan and Pakistan and a large number of wetlands

WHAT IS CLIMATE CHANGE ADAPTATION AND WHERE ARE WE ON IT?

DEFINITION: Adaptation involves how communities adjust to the changing climate and thus, the involvement of local communities is a must

NEED: Integrated regulatory framework

ACTUAL SITUATION: Long way to go!

ENVIRONMENTAL JURISPRUDENCE,INTERNATIONAL CONVENTIONS,

NATIONAL POLICIES&

JUDICIAL ACTION

KEY PRINCIPLES FOR ENVIRONMENTAL GOVERNANCE FOR CLIMATE CHANGE

Sustainable Development Precautionary Principle Integrated natural resource management Decentralized Governance Gender and Equity Policy and Policy Measures as a continuous Process Respecting traditional community practices Transboundary approach Focus of Adaptive Measures

INTERNATIONAL MOUNTAIN CONTEXT STAGE OF INFANCY

1st transnational agreement on mountain- Alpine Convention- entered into by nine states, including EU in 1991

UNCED :Agenda 21; Chapter 13 on sustainable mountain development

INTERNATIONAL GOOD GOVERNANCE POLICIES

Bhutan: National Adaptation Program of Action (NAPA)

Nepal: Climate Budget Code

China: National Adaptation Strategy

NATIONAL CONTEXT ON CLIMATE GOVERNANCE IN IHR

Constitutional Guarantees on Environment: Article 48A and Article 51A (g)

National Policy on Integrated Development of the Himalayas, 1992

National Mission on Sustaining the Himalayan Ecosystem (NMSHE) under the National Action Plan on Climate Change (NAPCC) 2008

Guidelines on Governance of Sustainable Himalayan Ecosystem (GSHE), 2009

SAPCCs & State Policies: Energy, Agriculture, Forest & Biodiversity, Town Planning & Urbanization

JUDICIAL INTERVENTION IN IHR Role of Apex Court

Order in Godavarman matter

Order in Narmada Bachao Andolan

Lack of conspicuous order on IHR per se

Reason??

Example of how judicial activism can contribute

Court orders in Netherlands

COMMUNITY ADAPTATION CASE STUDIES

CLIMATE CHANGE ADAPTATION BY COMMUNITIES

Few Best Practice Examples Sikkim: Traditional Agrodiversity

Uttarakhand: NabuSamo and Kathburiya Devi, rain water harvesting practices, Sacred God Sites

Arunachal Pradesh: Sacred Groves

Nagaland: Pycohydel Projects

Himachal Pradesh: Ecosystem Service Charges

Assam: Tracking ant movements

KEY POLICY RECOMMENDATIONS

POLICY RECOMMENDATIONS INTEGRATED POLICY FOR IHR

Sectoral Approach with cross cutting themes Clustered approach Specific law with state guidelines

ADMINISTRATIVE AND LEGAL CHANGES Review of legal and administrative mechanism Amendments in laws: Central and State Amendments to policies Creation of Taskforce for formal mechanism with MOEFCC

as nodal agency Training of various line departments and other

implementing agencies Strengthening institutional coordination Cumulative assessment of integrated projects from a

climate adaptation perspective Coordination among all line departments

POLICY RECOMMENDATIONS(CONTD….) RECOGNITION OF TRADITIONAL PRACTICES

Preserving traditional knowledge Community Intellectual Property Formal recognition system based through digital libraries Recognizing and validating community efforts through

legal measures

EFFECTIVE LAND USE PLANNING WITH TRANSBOUNDARY APPROACH FOR ECOSYSTEMS

INTERNATIONAL COVENANTS AND AGREEMENTS Meet national obligations through effective legal &

programmatic interventions

POLICY RECOMMENDATIONS(CONTD….) FINANCIAL SUPPORT TO IHR

long-term investment programme Promote self-generating mechanisms on resources

mobilisation stronger financial security net- climate insurances

REGULATORY AND INSTITUTIONAL CHANGESo Inter-department Coordination!o Understanding of Climate Adaptationo Cumulative Assessment

TRAINING AND CAPACITY BUILDING OF COMMUNITIES

RESEARCH AND DEVELOPMENT Technology Social Policy

KEY POLICY TAKEAWAYS Bring consonance to relevant state laws of IHR states with

the SAPCC, NMSHE and GSHE Empower communities to engage in resource utilization

understanding location-specific vulnerabilities and needs Clearer two-way link between science, policy and practice Scientific evidence on climate change basis for policy-

formulation Mechanisms to ensure the policy brings about adaptive

change in the community practice Implementation plan and specific programmatic

intervention must flow out of approved SAPCCs of each state

Statutory backing to the policy followed by time-bound action plan monitored and enforced by a statutory body

Avoid pilot or model approach which is limited to time-bound funding

POLICY TAKEAWAYS (CONTD.) Incorporate climate adaptation in the planning of every

environmental policy Climate adaptation to be intrinsic good governance indicator at

every level SAPCC and state laws to ensure place-based and locally-driven

adaptation measures are adopted in a time-bound manner Training and capacity-building of communities and implementing

authorities on climate adaptation in various sectors Enhancing adaptive capacities & strategies through defined

institutional support at different levels Developing Climate Fund such as in Nepal Budget Code “Policy fragmentation” and “institutional barriers” to be

addressed through National adaptation policy-response assessments

Gender-focused livelihood diversification to transform role of women from vulnerable group to risk managers

POLICY TAKEAWAYS (CONTD.) Adequate funding to communities to explore climate adaptive

practices at local level through central and state level schemes such as MNREGA and through funds available under CAMPA.

Research is needed on the central and state schemes available for promoting climate innovative strategies on livelihood security.

Adaptive traditional management system of agrodiversity needs to be recognized in the National Biodiversity Strategy and Action Plan as well as Biodiversity Rules

Disaster preparedness on agriculture system, crop security through appropriate crop insurance policy, better storage facilities, among others.

THANK YOU!

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