Biodiversity and Wetlands Working Group

Final Thematic Report

Kol-e-Hashmat Khan Wetland, Kabul

February, 2008

The Biodiversity and Wetlands Working Group Final Thematic Report forms a technical output of the National Capacity Needs Self-Assessment for Global Environment Management (NCSA) and National Adaptation Programme of Action for Climate Change (NAPA) projects, financed by the Global Environment Facility (GEF) and implemented by the Government of the Islamic Republic of Afghanistan with technical assistance and support from the United Nations Environment Programme (UNEP).

Table of Contents EXECUTIVE SUMMARY...... III LIST OF TABLES ...... VI LIST OF FIGURES...... VI ACRONYMS AND ABBREVIATIONS...... VII 1 INTRODUCTION ...... 1 2 BIOPHYSICAL ASSESSMENT...... 3 2.1 PROFILE OF BIODIVERSITY IN AFGHANISTAN ...... 3 2.2 GAPS IN BASELINE DATA ...... 5 3 INSTITUTIONAL AND CAPACITY OVERVIEW ...... 6 3.1 SUMMARY OF OBLIGATIONS UNDER THE UNCBD RELEVANT TO AFGHANISTAN...... 6 3.2 STRENGTHENS AND CONSTRAINTS FOR ADDRESSING CONVENTION REQUIREMENTS ..10 3.2.1 Afghanistan National Development Strategy...... 10 3.2.2 National level institutional framework ...... 11 3.2.3 Overall legal framework...... 17 3.2.4 Governance and citizen participation...... 21 3.2.5 Research institutions and NGOs...... 22 3.2.6 Summary ...... 22 3.3 STOCKTAKING: ACTIVITIES REALIZED IN AFGHANISTAN THAT IMPROVE COMPLIANCE WITH UNCBD ...... 28 3.3.1 Participation in UNCBD meetings ...... 28 3.3.2 Enabling activities ...... 28 3.3.3 Key donor-funded projects implemented with support from the Afghan Government 29 3.3.4 Summary of improvements in compliance with UNCBD...... 32 3.4 IDENTIFY PRIORITY CAPACITY NEEDS, AND OPPORTUNITIES FOR CAPACITY DEVELOPMENT AT THE INDIVIDUAL, ORGANIZATIONAL AND SYSTEMIC LEVELS ...... 33 3.4.1 Analysis of priority capacity needs and opportunities...... 33 3.4.2 Priority 1. Participate fully in activities of the UNCBD...... 33 3.4.3 Priority 2. Develop a Biodiversity Strategy for Afghanistan...... 33 3.4.4 Priority 3. Determine the status of Afghanistan’s biodiversity...... 34 3.4.5 Priority 4. Establish a system of protected areas ...... 34 3.4.6 Priority 5. Establish a CITES permitting system...... 35 3.4.7 Priority 6. Enhance public awareness about biodiversity and sustainable use...... 36 3.4.8 Priority 7. Establish community-based management of forests, rangelands and wetlands ...... 37 3.4.9 Priority 8. Understand and utilize traditional practice and knowledge of conservation and sustainable use ...... 37 3.4.10 Ten priority actions suggested in the Biodiversity Profile of Afghanistan...... 37 3.4.11 Summary...... 40 4 CONCLUSION...... 40 ANNEX 1: AUTHORS OF AND CONTRIBUTORS TO THIS REPORT ...... 42 ANNEX 2: AFGHAN SPECIES ON CITES APPENDICES I AND II ...... 43

Executive Summary

Biodiversity, the variety of living things, is sometimes called ‘the wealth of the poor’ because rural people living close to the land depend upon biodiversity to provide natural goods and ecological services. In Afghanistan, up to 80% of the population are thought to derive their livelihoods from the country’s natural resource base. Biodiversity loss and natural resource degradation therefore have potentially far-reaching impacts for the Afghan people.

Afghanistan has implemented the National Capacity Needs Self-Assessment for Global Environment Management (NCSA) project with support from the United Nations Environment Programme (UNEP) and with funds from the Global Environment Facility (GEF). The objectives of the NCSA are to: (1) identify, confirm or review priority issues for action within the thematic areas of biodiversity, climate change and desertification, respectively; (2) explore related capacity needs within and across the three thematic areas; (3) catalyze targeted and coordinated action and requests for future external funding and assistance; and (4) link country action to the broader national environmental management and sustainable development framework. The intent of this Final Report for the Biodiversity and Wetlands Working Group (BW-WG) is review to activities undertaken by Afghanistan to comply with the United Nations Convention on Biological Diversity (UNCBD) and identify related priority needs and opportunities for capacity development at individual, organizational and systemic levels.

General measures for conservation and sustainable use of biological diversity have been taken in Afghanistan with the elaboration of overarching national policies, strategies and legislation that address natural resource and land management issues. These provide a necessary framework within which the Government can work together with local communities to develop in-situ conservation and the sustainable use of components of biological diversity. Challenges being faced in this respect relate primarily to the politically contested nature of new laws and low implementation capacities.

Specific national and local plans have not yet been developed in the Afghan context. There is an urgent need to develop the National Biodiversity Strategy and Action Plan (NBSAP), for which a funding application has been submitted to GEF. The implementation of this plan and relevant new legislation (e.g. Forest Law, Natural Protected Areas Regulations, Rangeland Law) require that learning from both local and international experiences be facilitated and a series Afghan-appropriate models be developed. This requires capacity building in community based natural resource management (CBNRM) that emphasizes the fundamental importance of active community involvement.

Environmental capacities at the national level are being built through targeted capacity building and institutional strengthening projects. Capacity is furthermore being increased at the University level where numbers of enrolled students are increasing annually. At the same time, individual, institutional and systemic capacities to protect and manage

III

biological diversity continue to be inadequate and sustained and intensive capacity building is of critical importance.

Monitoring and evaluation of biological diversity and associated processes is limited. However, international organizations are working together with the Government to monitor key aspects of biodiversity in specific geographical areas (most notably, Band-e- Amir and Wakhan).

Incentive measures do not currently favor sustainable natural resource management. In particular, instability associated with years of conflict has contributed to a breakdown of local natural resource management institutions. Together with population growth and poverty, this has generated an open-access “tragedy of the commons” type situation in many areas that must be addressed at multiple levels that include the community, the private sector and the Government.

Public education and awareness raising activities can build upon the newly developing network of schools being established around the country. Localized environmental education and awareness raising programs currently being supported by international organizations can be scaled up through support to relevant Government institutions. At the same time, it is necessary to recognize the challenges that face education in general. National attendance of schools averages 36%, with large discrepancies between men and women, between rural and urban areas, and also between provinces. Curriculum development is currently under process, representing an opportunity to insert the topics of conservation and biodiversity.

The BW-WG identified eight areas as being priority for the implementation of UNCBD in Afghanistan. These were analyzed and associated capacity needs and opportunities for capacity development were identified at the individual, organizational and systemic levels. Capacity building in the identified areas will enable Afghanistan to: 1. Participate fully in the activities of UNCBD; 2. Develop the National Biodiversity Strategy and Action Plan; 3. Determine the status of Afghanistan’s biodiversity and initiate a national Red- Listing process for Afghan mammals; 4. Develop a protected areas system plan for Afghanistan designed to protect representative areas of high biodiversity in all major eco-regions and establish priority and feasible protected areas as legally recognized and effectively managed entities; 5. Implement the Convention on the International Trade in Endangered Species of Flora and Fauna (CITES); 6. Enhance public awareness about biodiversity and sustainable use; 7. Establish community-based management of forests, rangelands and wetlands; and 8. Understand and utilize traditional practice and knowledge of conservation and sustainable use.

Afghanistan is comprised of eight unique bio-geographical Provinces of which seven belong to the Palaearctic Realm. Only a small area in the lower Kabul River Valley is of Indo-Malayan origin. A recent classification breaks Afghanistan down into 15 smaller eco-regions of which four are considered as critical/ endangered, eight as vulnerable and only two as relatively stable and intact.

The species composition of all eco-regions has been significantly reduced through a combination of overgrazing, fuel collection and exploitation by large herbivorous animals. Deciduous and evergreen true forests are limited to the monsoon-influenced eastern part of the country and once comprised about 5% of Afghanistan’s surface area. Recent analyses suggest that only 5% of these original forests may still exist. Open woodlands dominated by pistachio and juniper once comprised about 38% of Afghanistan. Satellite image analysis of selected areas in 2002 found that tree density was too low to be detected anywhere, suggesting that this once widespread ecosystem is on the verge of extinction in Afghanistan. The vast areas of sub-alpine vegetation was probably originally steppe grassland but is now almost entirely comprised of grazing- resistant cushion shrubland.

Analysis of recorded species records shows that are there are 137 to 150 species of mammals, 428 to 515 birds, 92 to 112 reptiles, six to eight amphibians, 101 to 139 fish, 245 butterflies, and 3,500 to 4,000 vascular plant species native to Afghanistan. The range in numbers results from uncertainty in taxonomy and the questionable validity of some records. A total of 39 species and eight subspecies appear on the World Conservation Union (IUCN) Red List as being globally threatened with extinction. There are 23 Afghan species listed on Appendix I and 88 on Appendix II of the CITES. No formal assessment has been made of species at risk at the national scale, but many species, particularly large mammals, are obviously at risk of extinction within Afghanistan. Only seven vertebrate species are known to be endemic to Afghanistan, but estimates for endemic plant species range from 20 – 30% (i.e. about 600 – 1,200 species).

Afghanistan is an arid country and the few wetlands that do exist are therefore of great significance to biodiversity. A list of 21 wetlands of known or potential significance is provided in the UNEP Biodiversity Profile of Afghanistan.

Afghanistan currently has no legally instituted or effectively managed protected areas. Prior to 1978, one National Park, four Waterfowl Reserves and two Wildlife Sanctuaries were designated by the Government, but were never formally and legally declared as such and management was minimal. A list of 15 potential protected areas proposed by various parties is provided in this report.

Afghanistan was one of the most significant centres for the origin and development of humanity’s crop plants. Consequently, there are numerous local landraces of wheat and other crops in use by Afghan farmers. Nine local breeds of sheep are found in Afghanistan along with eight breeds of cattle and seven of goats.

List of Tables Table 1. List of functions specified in Environment Law that related to biodiversity conservation, plus division of responsibilities between NEPA and MAIL ...... 13 Table 2. Summarized analysis of strengths and weaknesses facing Afghanistan in meeting obligations under the UNCBD ...... 25

List of Figures Figure 1. Map of Afghanistan’s Proposed Protected Areas...... 5

Acronyms and abbreviations

ACC Afghan Conservation Corps ADB Asian Development Bank BSP Biodiversity Support Program BW-WG Biodiversity and Wetlands Working Group CBNRM Community based natural resource management CDC Community Development Council CITES Convention on the International Trade of Endangered Species of Flora and Fauna COP Conference of the Parties DNRM Department of Natural Resource Management EIA Environmental Impact Assessment FAO Food and Agriculture Organization of the United Nations GEF Global Environment Facility i-ANDS Interim Afghan National Development Strategy ICIMOD International Centre for Integrated Mountain Development IIP Implementation and Investment Program i-PRSP Interim Poverty Reduction Strategy Paper IUCN World Conservation Union MAIL Ministry of Agriculture, Irrigation and Livestock MDG Millennium Development Goal NAPA National Adaptation Program of Action NBSAP National Biodiversity Strategy and Action Plan NCSA National Capacity Needs Self Assessment for Global Environment Management NEPA National Environmental Protection Agency NGO Non-Governmental Organization NRM Natural Resource Management PA Protected Area PRCF Poverty Reduction Cooperation Fund Rio Conventions Collectively UNFCCC, UNCBD and UNCCD SBSTTA Subsidiary Body on Scientific, Technical and Technological Advice SEA Save the Environment Afghanistan TA Technical Assistance UNCBD United Nations Convention on Biological Diversity UNCCD United Nations Convention to Combat Desertification UNFCCC United Nations Framework Convention on Climate Change UNEP United Nations Environment Programme UNOPS United Nations Office for Project Services USDA United States Department of Agriculture WCS Wildlife Conservation Society WRI World Resource Institute

VII

1 Introduction

The National Capacity Self-Assessment for Global Environment Management (NCSA) is a mechanism for realizing a comprehensive assessment of country capacities and associated capacity needs to fulfill the requirements of United Nations Framework Convention on Climate Change (UNFCCC), the Convention on Biological Diversity (UNCBD) and the Convention to Combat Desertification (UNCCD). The National Adaptation Programme of Action for Climate Change (NAPA) is a mechanism within the UNFCCC, specifically designed to help Least Developed Countries (LDCs) to set priority activities to be undertaken to meet their immediate needs and respond to their most urgent concerns with regards to adaptation to the adverse effects of climate change. Adaptation is a process by which individuals, communities and countries seek to cope with the consequences of climate change. In the case of Afghanistan, NAPA and NCSA have been combined into one process and associated report.

This final written output of the Biodiversity and Wetlands Working Group (BW-WG) summarizes information collected and analyzed over a two year period as part of Afghanistan’s NCSA and NAPA process, which is funded by the Global Environment Facility (GEF). The process of identifying priority capacity needs with respect to UNCBD has encompassed three main activities. The first of these involved a comprehensive desk study assessment aimed at synthesizing all currently existing information on the environment and associated biodiversity in Afghanistan.1 The second encompassed an analysis and associated prioritization of activities required to move towards biodiversity conservation in Afghanistan. Finally, through a participatory assessment of NAPA and NCSA Steering Committee Meetings climate change, the perceived effect of climate change on natural resources and rural livelihoods, and adaptation mechanisms were discussed with rural people living in four regions of Afghanistan. This was complemented by semi-structured interviews with Government staff at the regional and national level. These discussions specifically investigated priority environmental issues, capacities to address these, and priority capacity needs. The outputs of these three activities are summarized in this final Biodiversity and Wetlands Working Group Final Thematic Report, and will in due course be integrated into the final NCSA and NAPA report.

1 UNEP 2007. Biodiversity Profile of Afghanistan.

Biodiversity is a contraction of “biological diversity” and defined by UNCBD 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.

Central to the concept of biodiversity is the idea of “variability” or the differences among collections of living things. This variability can arise from number or types of species, from the different ways that species are organized into biotic communities and ecosystems, and from the vast array of genetic differences existing between individuals, populations and species.

Biodiversity provides goods and services that underpin sustainable development in many ways. First, it supports the ecosystem functions essential for life on Earth, such as the provision of fresh water, soil conservation and climate stability. Second, it provides products such as food, medicines and materials for industry. Finally, biodiversity is at the heart of many cultural values. In spite of its multiple values to mankind, the rate of biodiversity loss is increasing at an unprecedented rate.

Afghanistan’s biodiversity is manifested in many ways: number of species, differences in groups of species in various areas, the widely differing ecosystems found in various parts of the country and the genetic variation found in natural species and in agricultural crops and animals. Biodiversity has been termed “the wealth of the poor”2 because the poor tend to be rural people living close to the land and dependent on it for the goods and services provided by biodiversity, e.g. productive crop and grazing land, fuel, building materials, wild fish and game. Land rich in biodiversity is a form of wealth, even if that wealth cannot be measured in strictly monetary terms. In Afghanistan, the primary value of biodiversity lies in the tangible goods and services that support rural livelihoods. The most obvious of these are the direct uses of the components of biodiversity such as traditional crops, fruits, grazing, fuel, timber harvesting, fishing, and hunting. Less obvious are the “ecosystem services” provided by biodiversity. These include soil fertility, erosion control, crop pollination, and climatic stability, to name a few.

The ecosystem services provided by biodiversity are rarely understood and are usually taken for granted, but as Diamond (2005) has argued, loss of these ecosystem services has often contributed in a central way to the decline and ultimate collapse of societies.3 With an approximately 80% of the Afghan population depending upon natural resources for their livelihoods, the loss of biodiversity will have widespread effects on society, that will be particularly evident in rural areas.

2 World Resources Institute. 2005. The wealth of the poor: managing ecosystems to fight poverty. Washington, D.C. 3 Diamond, J. 2005. Collapse: How societies choose fail or succeed. Viking. New York. 575 pp.

2 Biophysical Assessment

2.1 Profile of Biodiversity in Afghanistan

Afghanistan is comprised of eight unique biogeographical Provinces of which seven belong to the Palearctic Realm. Only a small area in the lower Kabul River Valley is of Indo-Malayan origin. A recent classification breaks Afghanistan down into 15 smaller ecoregions of which four are considered as critical/endangered, eight as vulnerable and only two as relatively stable and intact.

The species composition of all the ecoregions found in Afghanistan has been significantly reduced through a combination of overgrazing, fuel collection, exploitation of large herbivorous animals and conversion for extensive rain-fed agriculture. Deciduous and evergreen true forests are limited to the monsoon-influenced eastern part of the country and once comprised about 5% of Afghanistan’s surface area. Recent analyses suggest than only 5% of these original forests may still exist. Open woodlands dominated by pistachio and juniper once comprised about 38% of Afghanistan. Satellite image analysis of selected areas in 2002 found that tree density was too low to be detected anywhere suggesting that this once widespread ecosystem is on the verge of Under threat: pistachio forest of extinction in Afghanistan. The vast areas of Northern Afghanistan subalpine vegetation was probably originally steppe grassland but is now almost entirely comprised of grazing-resistant cushion shrubland.

Analysis of recorded species records shows that are there are 118 to 147 species of mammals, 472 to 510 birds, 92 to 112 reptiles, six to eight amphibians, 101 to 139 fish, 245 butterflies, and 3,500 to 4,000 vascular plant species native to Afghanistan. The range in numbers results from uncertainty in taxonomy and the questionable validity of some records. A total of 39 species and 8 subspecies appear on the IUCN Red List as being globally threatened with extinction. No formal assessment has been made of species at risk at the national scale, but numerous species (particularly large mammals) are certainly at risk Eurasian Crane in Hajian Village, Parwan Province of extinction within Afghanistan. Only seven vertebrate species are known to be endemic to

Afghanistan, but estimates for endemic plant species range from 20 to 30%.

Afghanistan is an arid country and the few wetlands that do exist are therefore of great significance to biodiversity. Twenty-one wetlands of known or potential significance have been identified. The

Falcon in Kabul Sistan is one of these and lies in a large depression between Afghanistan and Iran. During the spring floods, the Sistan weltand covers an area ranging from 2,000-4,000 km2. More than one- third of the Iranian portion has been designated as an internationally protected area under the Ramsar Convention.4 Drought, expansion of irrigation schemes, population pressure and dams, have had devastating effects on the Sistan wetlands and between 2000 and 2004 there was hardly any inflow resulting in the disappearance of the vegetation cover and the consequence collapse of the ecosystem.5 Although rainfall in 2005 contributed towards a partial recovery, the challenges involved in securing the conservation and sustainable use of the basin are immense. The situation found in Sistan is not dissimilar from that characterizing many of the other twenty Afghan wetlands.

Afghanistan currently has no legally instituted or effectively managed protected areas. Prior to 1978, one National Park, four Waterfowl Reserves and two Wildlife Sanctuaries were designated by the Government, but management as protected areas was minimal. Fifteen potential protected areas proposed by various parties have now been identified (Figure 1).

4 Partow, H., Sistan Oasis Parched by Drought, UNEP/DEWA/GRID-Geneva & GRID-Sioux Falls 5 UNEP, 2006, History of Environmental Change in the Sistan Basin. Based on Satellite Image Analysis: 1976 – 2005.

Figure 1. Map of Afghanistan’s Proposed Protected Areas.

Afghanistan was one of the most significant centers for the origin and development of humanity’s crop plants. Consequently, there are numerous local landraces of wheat and other crops in use by Afghan farmers. Nine local breeds of sheep are found in Afghanistan along with eight breeds of cattle and seven of goats.

2.2 Gaps in baseline data

Much of the information on Afghanistan’s biodiversity is old and no longer reliable. Little significant information has been added since the onset of war in 1978. The few recent investigations (e.g. UNEP, 20036) have suggested that Afghanistan’s biodiversity has suffered enormously in the last three decades. The general lack of detailed information on the status of Afghan biodiversity and important natural ecosystems is now being address in certain localities through the work of the Wildlife Conservation Society (WCS). At the national level, institutional capacity needs to be built within the Government and the Universities, ideally to develop base-line evaluations and associated monitoring systems for priority areas and key species. In addition to capacity constraints, this process is currently being hampered by security concerns within Afghanistan (e.g. in the eastern forests) which limit access to large areas of the country.

6 UNEP Afghanistan: Post-conflict environmental assessment. 176pp. Geneva, Switzerland: United Nations Environment Programme.

At the national level, the elaboration of a National Biodiversity Strategy and Action Plan (NBSAP) for Afghanistan needs to be accompanied with the collection of baseline information in each of the high priority biodiversity conservation sites and for key umbrella species. This can then be used in long-term monitoring of population trends and ecosystem integrity.

3 Institutional and Capacity Overview

This section will begin by summarizing obligations under the UNCBD relevant to Afghanistan. The primary strengths and constraints being faced by Afghanistan in addressing Convention requirements will be identified and briefly discussed. A review will then be realized of actions and projects, underway and recently completed, that address Afghanistan’s obligations under the UNCBD. Finally, priority capacity needs and opportunities for capacity development will be reviewed.

3.1 Summary of obligations under the UNCBD relevant to Afghanistan

Afghanistan became a signatory to the UNCBD in June 1992 and ratified the Convention in September 2002. With ratification of the Convention comes the responsibility for Parties to fulfill expectations outlined in the Convention and associated instruments, including the 2010 Biodiversity Targets.

The UNCBD has three objectives: the conservation of biological diversity, the sustainable use of its components, and the fair and equitable sharing of the benefits arising out of the utilization of genetic resources.7 Articles 6 to 19 of the Convention are of particular importance and specifically address the following issues.

• Article 6: General measures for conservation and sustainable use emphasizes the importance of national biodiversity conservation planning focusing on the development of national strategies, plans or programs for both conservation and sustainable use of biological diversity. In addition to specific and targeted plans, this Article calls for conservation and sustainable use of biological diversity to be integrated into relevant sectoral or cross-sectoral plans, programs and policies.

• Article 7: Identify and monitor components of biological diversity important for its conservation and use, with particular attention being given to elements that require urgent conservation measures and those that offer the greatest potential for sustainable use. Monitor processes and categories of activities with significant adverse impacts on conservation and sustainable use of biological diversity. The systematic collection, organization and analysis of associated information will facilitate the early identification of any adverse or harmful trends to biological

7 Summarized information presented, for full text see: http://www.cbd.int/convention/convention.shtml

diversity, thereby enabling rapid mobilization and action to prevent severe and irreversible damage.

• Article 8: In-situ conservation includes both the establishment of a system of protected areas where special measures need to be taken to conserve biological diversity, and the conservation of important biological diversity beyond the boundaries of these areas. Protected area establishment and management requires the development of guidelines for the selection, establishment and management of ecologically important and highly biodiverse areas. As protected areas exist, not in isolation but in a wider landscape, important biological diversity and ecosystem processes located around these areas and elsewhere in a country must be identified and managed with a view to ensuring their conservation and sustainable use. Where adverse activities have degraded ecosystems and threatened species, there is a need to develop and implement rehabilitation plans. In all of the above processes, the importance of respecting, preserving and maintaining knowledge, innovations and practices of indigenous and local communities whose traditional lifestyles support conservation and sustainable use of biological diversity is of great importance. Finally, the development or maintenance of necessary legislation for the protection of threatened species and populations is mentioned.

• Article 9: Adopt measures for ex-situ conservation, preferably within Afghanistan itself. This includes the adoption of measures for the recovery, rehabilitation and where necessary the reintroduction of threatened species.

• Article 10: Sustainable use of components of biological diversity through a variety of mechanisms that include integrating considerations of conservation and sustainable use of biological resources into national decision-making, encouraging cooperation between government authorities and the private sector in developing methods for sustainable use, and supporting local people to both use natural resources sustainably and implement rehabilitation plans in degraded areas.

• Article 11: Incentive measures are required that promote, economically and socially, conservation and sustainable use of biological diversity.

• Article 12: Research and training encompasses the establishment, maintenance and support of programs for scientific and technical education and training in the conservation and sustainable use of biological diversity.

• Article 13: Public education and awareness is necessary from the local to the national level.

• Article 14: Impact assessment and minimizing adverse effects through the introduction of environmental impact assessments and other procedures that will ensure the environmental consequences of programs and policies that are likely to adversely impact biological diversity are taken into account.

• Article 15: Access to genetic resources shall be facilitated for environmentally sound uses.

• Article 16: Access to and transfer of technology will be facilitated for the attainment of the objectives of this Convention.

• Article 17: Exchange of information shall be facilitated and will include the results of technical, scientific and socio-economic research, as well as information on training and surveying programs, specialized knowledge, indigenous and traditional knowledge.

• Article 18: Technical and scientific cooperation shall be promoted, in particular in developing countries.

• Article 19: Handling of biotechnology and distribution of its benefits shall be realized in a fair and equitable manner by all Parties, especially developing countries.

Biodiversity and Wetlands Working Group Meeting, NAPA and NCSA

In decision VI/268, the Conference of the Parties (COP) adopted the Strategic Plan for the Convention on Biological Diversity (2010 Biodiversity Target). In its mission statement, Parties committed themselves to a more effective and coherent implementation of the three objectives of the Convention, to achieve by 2010 a significant reduction of the current rate of biodiversity loss at the global, regional and national level as a contribution to poverty alleviation and to the benefit of all life on earth.

In decision VII/309, the COP adopted a framework to facilitate the assessment of progress towards 2010 and communication of this assessment, to promote coherence among the programs of work of the Convention, and to provide a flexible framework within which progress against 2010 Targets can be monitored. The Conference of the Parties identified

8 http://www.cbd.int/decisions/default.aspx?m=COP-06&id=7200 9 http://www.cbd.int/decisions/cop-07.shtml?m=COP-07&id=7767&lg=0

indicators for assessing progress towards the 2010 targets in each of the seven focal areas.10 The seven focal areas are:

• reducing the rate of loss of the components of biodiversity;

• promoting sustainable use of biodiversity;

• addressing major threats to biodiversity;

• maintaining ecosystem integrity, whilst providing goods and services in support of human well-being;

• protecting traditional knowledge, innovations and practices;

• ensuring the fair and equitable sharing of benefits arising out of the use of genetic resources; and

• mobilizing financial and technical resources, especially for developing countries.

Amongst the institutions of UNCBD are the COP, the Executive Secretary, the Subsidiary Body on Scientific, Technical and Technological Advice (SBSTTA), and the Mechanism for Internal Financing.

The COP is the maximum organ of the Convention that reunites at the representatives of all of the Parties and some observers that include, for example, the non-governmental organizations (NGOs). The COP directs, supervises and takes decisions. It does this through analysis and discussion of the themes that form the agenda of the Convention, with advice from SBSTTA in the operation of the Convention. The COP has established seven thematic programs of work which correspond to some of the major biomes on the planet. It has also initiated work on key cross-cutting issues that are of relevance to all thematic areas.

Thematic areas:

• Agricultural biodiversity

• Dry and subhumid lands biodiversity

• Forest biodiversity

• Inland water biodiversity

• Island biodiversity

• Marine and coastal biodiversity

• Mountain biodiversity

Transversal themes:

• 2010 Biodiversity Target

10 http://www.cbd.int/2010-target/focal.aspx

• Access to genetic resources and benefit sharing

• Traditional knowledge, innovations and practices

• Biological diversity and tourism

• Climate change and biological diversity

• Economics, trade and incentive measures

• Ecosystem approach

• Exotic species

• Global strategy for plant conservation

• Global taxonomy initiative

• Identification, monitoring, indicators and assessments

• Impact assessment

• Invasive alien species

• Liability and redress

• Protected areas

• Communication, education and public awareness

• Sustainable use of biodiversity

• Technology transfer and cooperation

Since 1996, the COP has met on a bi-annual basis (previously meetings were held on an annual basis). To date a total of eight COPs have been realized.

3.2 Strengthens and constraints for addressing Convention requirements

3.2.1 Afghanistan National Development Strategy

The interim Afghanistan National Development Strategy (i-ANDS) (which was introduced in January 2006 and formally embraced by the London Conference on Afghanistan as a part of the Afghanistan Compact, the successor to the 2001 Bonn Agreement) provides the framework for development of Government policies, and guides the allocation of resources and programmes towards these goals. The final ANDS, which will act as the country’s interim Poverty Reduction Strategy Paper (i-PRSP), is due for release in March 2008.

Environment is reflected twice within the ANDS framework. In its narrow sectoral sense, it is an Afghanistan Compact benchmark that falls within the ambit of the Natural

Resources and Environment Working Group (WG14–3.6) of the Infrastructure and Natural Resources Consultative Group (CG3):

In line with Afghanistan's MDGs, environmental regulatory frameworks and management services will be established for the protection of air and water quality, waste management and pollution control, and natural resource policies will be developed and implementation started at all levels of government as well as the community level, by end-2007.11

In its broader sense, environment is also a cross-cutting issue which needs to be mainstreamed within Afghanistan’s wider development framework. More specifically, it is recognized that environment must be mainstreamed in each programme area through the development of policy benchmarks to ensure that government, donors and implementing agencies follow established norms with respect to the incorporation of environmental considerations into the design and implementation of their activities, and provide adequate oversight and monitoring of the environmental impacts of humanitarian and development projects.

Sound environmental management will help to establish the necessary conditions for sustainable economic growth and social redevelopment. In practice, environmental management factors are essential considerations in all social and economic development programmes (returnees, health, education, trade and investments, mining and industry), as well as in infrastructure-related investment (such as in transport, energy or urban sectors). Similarly, sustainable natural resource management lies at the core of the agriculture, water, land, forestry and pastoral sectors.

3.2.2 National level institutional framework

(a) National biodiversity institutional architecture: MAIL and NEPA

Until fairly recently, there was no specific biodiversity mandate within the Government of Afghanistan, although elements of it were implemented primarily by the Ministry of Agriculture, Irrigation and Livestock (MAIL).12 This institution has traditionally held the mandate for forestry, rangeland management, wildlife and national parks. It is also the national focal point for UNCBD and it continues to be the key institution for the management of natural resources in Afghanistan.

Until 2003, the environment itself was not independently recognized as a government mandate. It was only after the Constitutional Loya Jirga, or Grand Council, that environment was added to the portfolio of the former Ministry of Irrigation and Water Resources, and the institution renamed the Ministry of Irrigation, Water Resources and Environment.

11 Afghanistan Compact, p. 9. 12 Formerly the Ministry of Agriculture, Animal Husbandry and Food, formerly the Ministry of Agriculture and Animal Husbandry.

In late 2004, after the Presidential elections, the Cabinet was reshuffled and the environment mandate was carved off from its previous institutional home. Known during the interim period as the Independent Department of Environment, in May 2005 the fledgling institution was renamed the National Environmental Protection Agency (NEPA), and established by presidential decree.13 The Environment Law (Official Gazette No. 912 dated 25 January 2007) clarified the mandates, powers, responsibilities and functions of NEPA.

NEPA’s role within Afghanistan’s government structure is as the overall environmental regulatory, policy-making, coordination, monitoring and enforcement institution, with the line ministries responsible for actual management of environmental resources. To this end, NEPA must:

• promote the sustainable use of natural resources, and conservation and rehabilitation of the environment;

• coordinate environmental affairs in Afghanistan;

• develop national environmental policies, strategies and legislation;

• regulate and permit activities having an adverse impact on the environment, in the fields of environmental impact assessment, air and water quality management, waste management, pollution control;

• improve environmental awareness and outreach;

• gather and monitor environmental information;

• implement the international environmental conventions that Afghanistan is a Party to; and

• enforce the provisions of the Act.

In terms of the Environment Law, the biodiversity mandate is shared between NEPA and MAIL. NEPA is responsible for the more overarching policy and regulatory aspects (such as licensing), while MAIL is responsible for field-level management.

A list of functions specified in the Environment Law is indicated in Table 1. Beside this, an indication is given of which institution is legally responsible for that specific function.

13 Decree No. 4, 1384.

Table 1. List of functions specified in Environment Law that related to biodiversity conservation, plus division of responsibilities between NEPA and MAIL Function NEPA MAIL Both Development of a National Biodiversity Strategy and Action Plan Protected areas (PA) management • National protected areas plan • Management plans for each PA • Guidelines for management of each category of PA • Designation of PAs • Declassification of PAs • Management of each PA • Enforcement in each PA Management of resources outside PAs • Restoration of indigenous vegetation • Rangeland management Sustainable use and conservation of species • Preparation of lists of harvestable and protected species • Permitting of taking of such species • Development of recovery plans • Permitting functions - alien species and living modified organisms • Permitting functions – CITES • Implementation of CITES • Domestic possession and trade of CITES species Access to genetic resources • Permitting requirements

Given the division of environmental responsibilities between the two institutions, they will be required to work together closely and effectively in order to fulfill their biodiversity conservation mandate.

As mentioned, the aspects of biodiversity management not outlined above (especially in relation to forest and rangeland management) remain vested in MAIL. It is also worth noting that the Director General of NEPA is the Operational Focal Point for GEF in Afghanistan.

(b) Strategic direction of MAIL

MAIL has elaborated a Ten-Year Master Plan and associated Five-Year Implementation and Investment Program (IIP) that provides immediate direction for donors and Ministry staff to work towards the coherent and strategic implementation of its mandate. Although still in draft format, the objective of the natural resources section of the IIP is that communities and institutions throughout Afghanistan establish and maintain natural resources and define regimes of utilization which achieve a balance between maximization of production and productivity in all agricultural land uses and the effective maintenance and enhancement of natural resource bases.

The six different components of the natural resources section of the IIP relate closely to the implementation of the UNCDB. Component 1 of the IIP, stresses the need to

establish an appropriate legal and institutional framework that is conducive to sustainable natural resource management. This encompasses the clarification of rights to natural resources through the elaboration of national legislation (forest, rangeland, protected areas, wildlife, and land tenure laws), facilitation of conflict resolution, establishment of mechanisms for enforcement of national legislation and regulations (from the local to the national level), surveillance systems and mechanisms for the prosecution of offences against natural resource management laws.

As the IIP is being finalized, advances are being made in the development of forest, rangeland and protected areas legislation. It is envisioned that the implementation and enforcement mechanisms provided for in this legislation will be piloted in smaller areas (e.g. individual watersheds) and slowly scaled up through a variety of mechanisms, including community-based integrated natural resource management (CBNRM) plans supported by Community Natural Resource Management Committees (Component 2). Community involvement in pistachio forest management by the Afghan Conservation Intensive capacity building at national, Corps (ACC) in Samangan Province provincial, district and community levels will facilitate the implementation of the local-level CBNRM plans which will, in turn, feed into national management plans for various natural resources.

Component 3, addresses awareness raising, aiming to increase levels of knowledge about the importance of sustainable natural resource management, thereby motivating natural resource use in a manner that achieves a balance between maximization of production, productivity and effective maintenance and enhancement of natural resource bases.

Monitoring and evaluation of the status of natural resources (Component 4) involves the development of a baseline assessment. Collection of data as part of this assessment encompasses participatory discussions, inventories, landcover surveys, and establishment of a central database and a national herbarium and botanical gardens.

Authorities from the local to the national levels are to be supported to facilitate the protection of natural resources and enhance the natural resource base (Component 5) through, for example, the provision of infrastructure and capacity building opportunities.

Finally, Component 6 addresses issues relating to the generation of income from the sustainable harvest and commercialization of natural resource products. In the case of Afghanistan, this would cover important resources such as the natural wild pistachio (Pistacia vera), wild olive (Olea cuspidate), hing (Ferula asa-foetida), licorice (Glycyrrhiza glabra), pine nuts (Pinus gerardiana) and so on.

The IIP therefore has a great deal of potential to strengthen moves towards compliance with the UNCBD, addressing articles 6, 7, 8, 10, 11 and 13.

Following the approval of the IIP, intensive capacity building and technical assistance is required in order to facilitate the socialization and internalization of the IIP from the national to the local levels. This must be followed with assistance to the implementation process, including management of financial resources and technical assistance from donors and the Ministry of Finance in a manner that aligns with the strategy and priorities detailed in the IIP.

The NEPA Strategic Plan for the period 2007 to 2012, developed as a requirement of ANDS, together with its institutional restructuring documents, serve as a basic framework around which operations and activities are currently being developed.

NEPA’s goal is to: “protect the environmental integrity of Afghanistan and support sustainable development of its natural resources through the provision of effective environmental policies, regulatory frameworks and management services that are also in line with the Afghanistan Millennium Development Goals (MDGs)”.

The priority expected results over the next five year period are: 1. By 2012, establishment and implementation of legal and regulatory frameworks and management services for “brown” issues, including the protection of air quality, water quality, waste management, and pollution control; 2. By 2012, establishment and implementation of legal and regulatory frameworks and management services for “green” issues, including natural resource management; 3. NEPA is capable of taking the lead in environmental management through the enhancement of its professional capacity; 4. Regular dissemination of a public environmental awareness campaign and provision of environmental information to other Government authorities; and 5. Achievement of Afghanistan’s MDGs related to the environment.

Secondary results include: 1. Improved coordination with line ministries and other government departments; 2. Support to Government and other stakeholders through the integration of environmental issues into development policies, benchmarks and government programmes; and 3. Participatory processes and public awareness contribute to compliance and enforcement.

NEPA’s capacity to implement its mandate remains relatively limited but the impending completion of the civil service reform process will provide a stable organizational

structure with staff hired under appropriate Terms of Reference following a transparent recruitment process. The organizational transition of the environment function since 2002 has precluded the consistent development of technical and managerial skills within both NEPA and other governmental authorities involved in environmental management. Similarly, there has been little opportunity in Afghanistan’s recent history to develop a functioning education and administrative system that supports environmental management.

(d) Role of other Central Government Institutions

Other Central Government institutions with a role to play in biodiversity conservation and the implementation of UNCBD include the following:

• Ministry of Rural Rehabilitation and Development

• Ministry of Energy and Water

• Ministry of Information and Culture

• Ministry of Education

• Ministry of Higher Education

• Ministry of Mines and Industry

• Ministry of Frontiers and Tribal Affairs

• Afghanistan National Disaster Management Authority

• Central Statistics Office

• Department of Meteorology

• Afghan Tourism Organization

At national and provincial levels, it is necessary to promote closer and more effective coordination between NEPA and MAIL, and between these institutions and other Government institutions that have a role to play in biodiversity conservation. Coordinating mechanisms such as the Committee for Environmental Coordination, legally established under the Environment Law in 2006, serve as an important mechanism in this respect.

The capacity of Government institutions in Afghanistan is low by international standards, and their resources generally very limited. International organizations implementing biodiversity related projects (see Section 3.3.3) have identified these weaknesses and are taking steps to address them, although capacity building is by its very nature a slow and ongoing exercise.

3.2.3 Overall legal framework

(a) Overview

Afghanistan is an Islamic republic, governed by Shari’a law. For the most part, Shari’a complements the modern principles of environmental management. For example, the notion of sustainable development is consistent with the principle of khilafah (environmental stewardship) contained in the Qur’an.

Afghanistan’s current hierarchy of secular laws, which as a body of law is subordinate to Shari’a,14 sees the Constitution at the apex, subordinate to which is primary legislation (for example, the Environment Law), under which falls subordinate legislation (for example, the Protected Areas Regulations). Customary law, which is often applied in regard to access to and use of biological resources, is found at the bottom of the hierarchy; in other words, its application is lawful only in so far as it does not conflict with Shari’a or secular statutory law.

Although a few fragmented and outdated laws existed, until recently there was no overall regulatory framework for biodiversity.

(b) Pre-2001 legislation

Legislation relevant to biodiversity that was drafted before the fall of the Taliban in 2001 is generally outdated and inconsistent, and fails to reflect modern principles of environmental management. The relevant laws that may remain in force15 include:

• Forestry Law of the Islamic Emirate of Afghanistan, 2000;

• Islamic Emirate of Afghanistan Law for Land Ownership, 2000;

• Hunting and Wildlife Protection Law, 2000; and 16 • Range Management Law, 1970/ 2000.

The post-conflict spectrum of promulgated biodiversity relevant legislation includes:

• Constitution of the Islamic Republic of Afghanistan, 2003;

14 In terms of Article 3 of the Constitution. 15 The legality of those laws promulgated during the time of the Taliban (1996-2001) is uncertain. The Bonn Agreement of 2001 stated that existing laws and regulations would remain enforceable provided they were not inconsistent with the Bonn Agreement itself, the 1964 Constitution or the international legal treaties to which Afghanistan is a party. In terms of this clause, many of the Taliban laws have been held to be unenforceable. However, the particular laws mentioned above have not yet been specifically tested by the courts, hence it is not absolutely certain what the outcome as to their legality would be. In the circumstances, most subsequent draft legislation dealing with a specific thematic area, e.g. rangelands, specifically repeals earlier legislation. 16 The 2000 law purports to repeal the 1970 law, although it is unclear whether or not this has occurred for reasons set out in the footnote immediately preceding this one.

• Decree on the prohibition of hunting, 2005;

• Environment Law, 2007; and

• Water Law 2008.

The Constitution does not grant citizens an environmental right per se, but rather imposes a corollary duty on the State to adopt necessary measures for safeguarding forests and the environment.17 One of the measures adopted by the State in fulfillment of this obligation was the development and promulgation of the Environment Law,18 which came into force on 18 December 2005, and which contains a chapter on biodiversity management and generally reflects the tenets of modern environmental management. The Act repeals the Nature Protection Act of 1986/2000. The 2005 version of the Environment Law was then considered and amended by the newly-formed National Assembly, and the final version of the law was passed in early 2007.19

The outline of Chapter 6 (Biodiversity and natural resource conservation and management) is set out below.

• National Biodiversity Strategy and Action Plan (NBSAP) (national biodiversity strategy, planning). An application for funding for this activity was submitted to GEF in April 2006. A decision from GEF remains outstanding.

• Protected area (PA) management (national protected areas system, planning, categories of protected areas, habitats of protected species, designating protected areas, declassifying protected areas).

During the 1970s a number of sites, some of which were former Royal hunting grounds, were declared protected areas, including a national park (Band-e-Amir), three waterfowl sanctuaries (Dasht-e-Nawar, Ab-e- Estada and Kole Hashmat Khan) and two wildlife reserves (Ajar Valley and Pamir-i-Buzurg). However, there has never been overall enabling legislation providing for the establishment and management of Band-e-Amir, proposed National Park protected areas, and most of the declarations were not published in the Official Gazette, so the precise legal status of these protected areas is uncertain, but in all likelihood void. In view of this

17 Article 15 of the Constitution. 18 Official Gazette No. 912, 25 January 2007. 19 Official Gazette No. 912, dated 25 January 2007.

uncertainty, the Environment Law provides that any protected area that existed prior to the promulgation of the Act must be re-designated in terms of the Act.20

The Government of Afghanistan is in the process of developing protected area regulations, which are currently with the Ministry of Justice for processing, after which they will be presented to the Council of Ministers for approval.

• Management of natural resources outside of protected areas (restoration of indigenous vegetation, rangeland management).

The Law contains a number of provisions relating to natural resources outside protected areas. These refer to the restoration of indigenous vegetation, rangeland management and sustainable use, conservation of species and access to genetic resources.

Sectoral community based forestry and rangeland management legislation is being developed by MAIL (namely the Forest Law and the Rangeland Law). These laws will repeal existing forestry and rangeland laws.

• Sustainable use and conservation of species (planning, listing of species, taking of harvestable species, taking of protected species, recovery plans, alien species and living modified organisms, re-introduction of indigenous species, ex-situ conservation of species).

Due to capacity and resource restrictions, it will be some time before these provisions can be effectively implemented. At least, however, Afghanistan’s environment is somewhat protected from the introduction of alien and living modified organisms, assuming that the aid agencies and corporations wishing to introduce such species would only do so in accordance with the law.

It should also be noted that in 2005, the President of Afghanistan issued a decree banning hunting in any form for a period of five years.21 The ability of the Government to effectively enforce this ban is, however, limited. Wildlife and Hunting Regulations, which will repeal the Hunting and Wildlife Protection Law referred to above, are also in the early stages of development.

• Species trade (international trade, import, export, domestic possession and trade).

Regulations will be required in due course to give effect to the Convention on the International Trade of Endangered Species of Flora and Fauna (CITES) provisions of the Law. However, due to lack of funding and training of the Scientific and Administrative Authorities (neither of which as of yet have been

20 Article 40.4. 21 Decree No. 53, dated 20 March 2005.

appointed, although MAIL is the CITES focal point Ministry) and customs officers, it will be a challenge to adequately and effectively enforce the regulations.

• Access to genetic resources (scope, permitting requirements, application for access, consent to access, access permit, certificate of origin).

Afghanistan is not yet a Party to the Cartagena Protocol. Nonetheless, some of its provisions, most notably those relating to benefit sharing, have been incorporated into the Law. Given that Afghanistan’s biological resources are not as diverse as those of many countries found closer to the equator, the country is less vulnerable to the activities of bioprospectors. However, this situation may change once the security situation improves and the medicinal and related values of certain species are catalogued.

During 2008, NEPA intends to develop a State of the Environment report, and possibly a national environmental policy and a national environmental action plan. Parallel to these processes will be the development of the NBSAP, provided that funding for this activity is received from GEF.

(d) Land and resource property rights

Land and resource property rights and tenure in Afghanistan are not clear. Successive Governments have overlain new land policies and legislation over previous, blurring the lines between private, common and state land and giving rise to the possibility of multiple and conflicting entitlements. These frequent legislative changes, together with partial implementation, intermittent conflict, displacement and drought have all exacerbated the situation. The ineffectiveness of land administration mechanisms means that there has been no comprehensive record of land ownership or even an overarching inventory of all lands, public and private. Acting as multipliers in this confused situation are rapid population growth and associated dynamics of land fragmentation, opium poppy cultivation, and chronic instability and insecurity in many parts of the country.22 The implications of this situation for sustainable natural resource management are not positive. Common property natural resources such as

Conversion of rangeland for extensive, rain-fed wheat rangelands and forests are production, Northern Afghanistan frequently subjected to a ‘Tragedy

22 AREU, 2007, Inception Report Contract No. MOA/351/QCBS, For Building Capacity to Address Land- Related Conflict and Vulnerability in Afghanistan.

of the Commons’ type situation. Unclear ownership and use rights generate incentives that stimulate unsustainable exploitation, leading to degradation of the resource and associated biodiversity.

A draft land policy is currently under discussion at the national level. It envisions the maximization of social and economic benefits to the whole of Afghan society based upon the orderly and sustainable use of land resources. The policy intends to guide the legal drafting and enactment of new or amended land laws. Of particular importance to the UNCBD, and addressed by the draft land policy, are issues of insecurity of tenure in rural areas, distribution and acquisition of land, duality of land tenure and land management, regulation of pasture land, land use, and environmental sustainability.

3.2.4 Governance and citizen participation

The Constitution of Afghanistan envisions a three-tiered government. At the provincial and district levels, governance is executed by Provincial Councils and District and Village Councils respectively. The former were elected during the parliamentary elections held in September 2005. The election of the latter has yet to happen, and is unlikely to occur in the immediate future due to disputes relating to district demarcation. It is unclear what the relationship between these provincial and local levels of government and the central level of government will be. However, given Afghanistan’s tradition of centralized governance, it is unlikely that meaningful executive power will devolve beyond the provincial level of central government.

The Government’s sphere of influence remains highly centralized and geographically limited, largely because of the volatile security situation and the continued absence of rule of law outside of the country’s capital. Although MAIL, and to a lesser extent NEPA, has a provincial presence, communication between the capital and its provincial offices requires strengthening. In that effective management of biodiversity will require devolution of power to the subnational levels of government and community level institutions, this institutional reality will hamper moves towards compliance with UNCBD.

Through the National Solidarity Program, the Government has facilitated a process of institutional strengthening at the very local level where a system of Community Development Councils (CDCs) has been established across large areas of Afghanistan. These Councils are elected in a participatory manner and therefore aim to represent the inhabitants of a village or ‘community’. Optimally they will serve to re-structure and re- align meaningful traditional power structures that already exist in Afghan communities to institutions that contribute towards the re-establishment of a sustainable state.23 Although it is noted that the present capacity of CDCs varies greatly from community to community, at the local level they provide a potentially useful institutional framework for realizing sustainable natural resource management and biodiversity conservation

23 Kakar, P. 2005 Fine-tuning the NSP: Discussion of problems and solutions with facilitating partners. AREU, Kabul.

activities. At present, a strong link does not exist between these local institutions and regional or national level governance systems.

3.2.5 Research institutions and NGOs

Kabul and regional universities have an important role to play in relation to training and research. Again, capacities require strengthening through consistent and sustained support from international researchers, as well as further training outside the country. Current courses offer Bachelor level training and demand greatly exceeds capacity. Support is needed to improve both the quality and capacity of ongoing courses, and to expand current portfolios to ensure the inclusion of Masters and research programs. Biodiversity and conservation are currently not covered in any great detail in the curriculum.

Afghanistan has a general lack of functioning civil society organizations. The only relevant national level non-governmental organization addressing environmental issues is Save the Environment Afghanistan (SEA). Activities of international organizations that are related to climate change are summarized in Section 3.3.3.

3.2.6 Summary

General measures for conservation and sustainable use of biological diversity (Article 6) are being addressed with the elaboration of overarching national policies, strategies and legislation that address natural resource and land management issues. These will provide a necessary framework within which the Government can work together with local communities to develop in-situ conservation (Article 8) and the sustainable use of components of biological diversity (Article 9). Challenges being faced in this respect relate primarily to the politically contested nature of new laws and the weak institutionality found within the Afghan Government. This weak institutionality is to be expected considering the many years of conflict in Afghanistan and associated turbulence that has characterized government and governance systems over the past three decades. It does, however, have serious implications for the sustainable management of natural resources and biological diversity as low capacities, together with weak linkages between national and Provincial / District level government, represent an implementation challenge.

The identification and monitoring of biological diversity and activities with significant impacts on conservation (Article 7) and research and training (Article 12) are processes that are in their infancy in Afghanistan. International organizations, such as WCS, are working together with the Government to identify and develop monitoring systems for specific geographical areas (Article 18). The Department of Natural Heritage and the Division of Protected Areas and Wildlife Conservation in NEPA and MAIL respectively, together with relevant departments of the national and regional universities, require direction and capacity building to develop a monitoring system as well programs of in-

situ conservation (Article 8) and sustainable use of components of biological diversity (Article 10). A basic national capacity building strategy is required for relevant Ministry sections and support is required to develop the research and training capacities of Afghan Universities.

Whereas overall strategies and implementation plans for natural resource management are in the process of being approved (e.g. IIP of MAIL), specific national and local plans (e.g. NBSAP, creation of a representative PA system, PA management plans, CBNRM, etc.) have not yet been developed in the Afghan context. It is therefore necessary to develop mechanisms that facilitate learning from both local and international experiences in order to develop plans appropriate to Afghanistan. This requires additional capacity building in CBNRM that emphasizes the fundamental importance of communities in successful natural resource management. In this manner the real sharing of power and the allocation of responsibilities over natural resources to the community level will be facilitated. Local level institutions, such as CDCs, represent an opportunity to strengthen governance systems and capacities for sustainable natural resource management.

Incentive measures (Article 11) do not currently favor sustainable natural resource management. In particular, instability associated with years of conflict has contributed to a breakdown of local natural resource management institutions. Together with population growth and poverty, this has generated an open-access “tragedy of the commons” type situation in many areas that must be addressed by multiple institutions (including the community, private sector and Government).

Ex-situ conservation of biodiversity (Article 9), access to genetic resources (Article 15), and handling of biotechnology and distribution of its benefits (Article 19), do not currently represent priorities in Afghanistan. As such, these issues have been addressed in the Environment Law but their implementation has not yet been pursued at a national level.

Public education and awareness raising (Article 13) activities can build upon the newly developing network of schools being established around the country. Localized environmental education and awareness raising programs currently being supported by international organizations can be scaled up through support to relevant Government institutions. At the same time, it is necessary to recognize the challenges that face education in general. National attendance of schools averages 36%, with large discrepancies between men and women, rural and urban settings, and also between provinces. Curriculum development is currently under process, representing an opportunity to insert the topics of conservation and biodiversity.

There has been little in the way of bilateral technology transfer or exchange of information (Articles 16 and 17). While there has been some south-south cooperation in areas like ozone depleting substances (Montreal Protocol), this has not occurred in relation to biodiversity per se, although there has been some collaboration with the Islamic Republic of Iran regarding management of the Sistan Wetlands, shared

transboundary resource, and the Governments of Tajikistan, China and Pakistan regarding the establishment of a transfrontier park in the Pamirs.

Strengths and constraints for addressing convention requirements are summarized in Table 2, where the challenges that exist in full compliance with UNCBD are very evident.

Table 2. Summarized analysis of strengths and weaknesses facing Afghanistan in meeting obligations under the UNCBD

Articles Strengths Weaknesses Article 6 General measures for • Interim Afghanistan National Development Strategy • Old and outdated legal framework characterizes the natural conservation and sustainable use addresses the environment both specifically and as a resource management and biodiversity conservation sectors cross-cutting issue • Laws and regulations associated with the Environment Law • Environment Law approved have either not yet been approved, or are not yet drafted • Draft natural resource management (NRM) laws in the • Government institutions currently have limited capacity and legislative pipeline budget to implement mandate • MAIL and NEPA share environmental management and • In terms of overall governance, links between the centre and NRM responsibilities province are weak • Civil service reform process well underway • Land tenure represents a politically contested issue and is • Draft land policy is currently under discussion unlikely to be resolved over the short- or medium-term • Application for NBSAP funding submitted to GEF • No national strategy for biodiversity conservation exists Article 7 Identify and monitor • Universities exist in major urban centers around the • MAIL and NEPA currently lack the capacity to develop a components of biological country baseline and monitor components of biodiversity and activities diversity, as well as activities with • International organizations are addressing this issue in that have significantly adverse impacts on conservation significant adverse impacts on limited geographical areas • The topics of biodiversity and conservation are little addressed conservation within teaching curriculum • Universities lack the resources, capacity and support to develop monitoring and research programs

Table 2 (cont.). Summarized analysis of strengths and weaknesses facing Afghanistan in meeting obligations under the UNCBD

Articles Strengths Weaknesses Article 8 In-situ conservation • Department of Natural Heritage established and • Weak institutionality and capacity functioning in NEPA • No formal PAs in existence in Afghanistan today • Division of Protected Areas and Wildlife Conservation • No management plans for PA management have been established and functioning in MAIL elaborated and approved • History of PAs in Afghanistan has facilitated the • Rights and mandates concerning PA creation and management identification of priority areas that should be established being contested between Provincial level government and • Draft management plan for the proposed Band-e-Amir national government National Park has been elaborated • IIP is still in draft format and is not yet institutionalized, • Section IV of the IIP addresses protected area creation socialized or fully operational and management • There is no strategy for ensuring the establishment of a • CITES is mentioned in the Environment Law representative system of protected areas • CITES implementation system not yet established; Administrative and Scientific Authorities not yet identified Article 9 Ex-situ conservation • Mentioned within the Environmental Law • Presently not considered a priority in Afghanistan • Lack of capacity Article 10 Sustainable use of • Components II and VI of the IIP address community • IIP is still in draft format and is not yet institutionalized, components of biological based natural resource management and the generation socialized or fully operational diversity of income from the sustainable harvest and • Legislative framework (e.g. Forest Law and Rangeland Law) is commercialization of natural resource products currently under development • National Solidarity Programme has worked with local • Few Afghan NGOs focusing on NRM and biodiversity communities to develop CDCs that provide a local level conservation exist institutional structure that could be used in natural • Decentralization of governance and devolution of powers has resource management and biodiversity conservation not taken place • Trial community based management programs are • Ability to implement complete bans (e.g. hunting ban) is very underway in a number of provinces limited • Five year hunting ban in place • Rights and mandates concerning natural resources being contested between Government and local communities

Table 2 (cont.). Summarized analysis of strengths and weaknesses facing Afghanistan in meeting obligations under the UNCBD

Articles Strengths Weaknesses Article 11 Incentive measures • Component VI of the IIP addresses the generation of • Incentive measures do not currently favor sustainable natural income from the sustainable harvest and resource use and management commercialization of natural resource products • Instability associated with years of conflict has broken down • Trial community based management programs are local natural resource management institutions underway in a number of provinces • Population growth and poverty mean that people are forced to overexploit the natural resource base to meet basic needs Article 12 Research and training • Network of Universities exists in major urban centers • There is no national framework, strategy or plan for research around the country into climate change • Short-term technical training being provided by • Lack of capacity and quality in higher education institutions international organizations • Topics of biodiversity and conservation are little addressed within the curriculum • Technical training provided by international organizations is frequently short-term in nature • Frequent changes in Government staff Article 13 Public education and • Schools are slowly opening up around the country • In specific geographical areas (south, south-east and east), awareness • Environmental education and awareness raising schools are being closed and remaining open schools are programs are being implemented on a small scale by threatened international organizations working alongside the • Issues of conservation and biological diversity are not Government addressed in detail in the national curriculum Article 14 Impact assessment and • National environmental impact assessment (EIA) policy • Capacity to implement Regulations remains limited minimizing adverse effects has been issued, and EIA Regulations have been promulgated Article 15 Access to genetic • Mentioned within the Environmental Law • Not yet party to Cartagena protocol resources Article 16 Access to and transfer • Limited capacity to participate in the transfer of technology of technology • Information exchange systems are weak Article 17 Exchange of • Collaboration with the Islamic Republic of Iran information regarding management of the Sistan Wetlands, shared transboundary resource, and the Governments of Tajikistan, China and Pakistan regarding the establishment of a transfrontier park in the Pamirs Article 18 Technical and • International organizations are working alongside the • Continued conflict and security concerns make many scientific cooperation Government and Afghan people to undertake international organizations reluctant to work in Afghanistan biodiversity conservation activities Article 19 Handling of • Not currently a priority in Afghanistan. Capacity in this respect is limited. biotechnology and distribution of its benefits

3.3 Stocktaking: activities realized in Afghanistan that improve compliance with UNCBD

In recognition of Afghanistan’s strong commitment to complying with its obligations under the Convention, the Government is both undertaking and intends to undertake a number of activities to directly and indirectly improve its compliance with the UNCBD.

3.3.1 Participation in UNCBD meetings

Afghanistan has actively participated in meetings associated with the UNCBD.

3.3.2 Enabling activities

In April 2006, the Government of Afghanistan submitted to GEF its proposal for funding in the amount of $395,000 for two biodiversity enabling activities, namely:

• the development of Afghanistan’s National Biodiversity Strategy and Action Plan (NBSAP), which incorporates the decisions and work programmes of the COPs of the UNCBD;

• the development of Afghanistan’s First and Second National Reports for submission to the Secretariat of the UNCBD, through a process of national consultation.

The goal of these enabling activities is to enable Afghanistan to better meet its immediate obligations under the UNCBD, especially in relation to Article 6: General Measures for Conservation and Sustainable Use, and Article 26: Reports.

In June 2006, the Government submitted a second proposal for funding to GEF. The proposal was in the amount of $20,000 which is required for the purpose of preparing Afghanistan’s Third National Report on Biological Diversity.24 This report was prepared by the Government, with the assistance of UNEP, and was submitted to and accepted by the Secretariat in April 2007.

NCSA and NAPA project documents were signed in the third quarter of 2004. The objective of the NAPA is to develop a national programme of action to adapt to climate change through assessing vulnerability and identifying priority adaptation measures, while the NCSA objective is to assess Afghanistan’s capacities and capacity needs to meet its obligation under the three conventions: UNFCCC, UNCBD and UNCCD. The two projects were designed in such a way that their implementation is being conducted jointly in Afghanistan. Both projects are executed by NEPA with assistance from UNEP’s Institution and Capacity Building Programme for Environmental Management in Afghanistan. This document represents one of the key outputs of the NCSA/ NAPA process.

24 The format of the 3rd report was such that it could be submitted without the 1st and 2nd having been completed.

3.3.3 Key donor-funded projects implemented with support from the Afghan Government

A number of donor-funded projects are being implemented in Afghanistan that contribute towards improving compliance with various obligations under the UNCBD.

UNEP’s Institution and Capacity Building Programme for Environmental Management in Afghanistan is funded by the European Commission and the Government of Finland. In so far as UNEP is building management capacity of the national institutions responsible for environmental management, its activities and outputs will have a positive impact on improvement of compliance with the UNCBD. The following components of UNEP’s programme are of particular relevance:

• Coordination: Facilitation of consultation, coordination, cooperation and mainstreaming of environmental issues and projects within national planning and budgetary processes through training and technical support;

• Public administration reform and human resources development: Improvement of the effectiveness and efficiency of national environmental authorities through training and technical support in relation to mandate clarification, institutional restructuring, downsizing, human resources development and performance reviews;

• Environmental legislation, regulation and standards: Contribution to the institutionalization of environmental laws and regulations through training and technical support in the development of an integrated environmental legal and regulatory framework;

• Community-based natural resource management: Implementation of pilot projects that encourage community-based natural resource management;

• Environmental policy and planning: Contribution to the development of national environmental policy through training and technical support in the development of a national environmental action plan, and the establishment of mechanisms for inter- ministerial policy development and implementation;

• Monitoring, information and analysis: Facilitation of state of the environment reporting through training and technical support in the development of environmental monitoring, information collection and management, standardized analysis and reporting;

• Communications, outreach and education: Increasing public awareness of environmental issues through training and technical support in the development of awareness campaigns, public reporting, environmental education and public participation in decision-making; and

• International and regional environmental cooperation: Promotion of increased international and regional environmental cooperation and financial support to the environmental sector through training and technical support in the implementation of

multi-lateral environmental agreements, regional dialogues, project proposal development, legal harmonization, and international reporting.

The Asian Development Bank (ADB) has recently concluded a GEF/PRCF-funded project on natural resources management and poverty reduction, with a special focus on protected areas. The purpose of the technical assistance (TA) was to address the basic needs of communities in buffer zones of protected areas by providing incentives that would help reduce poverty and, at the same time, promote the conservation of global biodiversity in selected protected areas. The ADB TA had outputs in the areas of civil works, policy, surveys, studies, and capacity building. In terms of civil works, a ranger’s station, entrance gate and restrooms were constructed in the proposed Band-e-Amir National Park thereby providing facilities for staff and tourism. Policy documents included the Afghanistan Ecotourism Strategy, National Tourism Development Strategy, Social and Gender Strategy for Protected Areas, Protected Area Regulations, and Land Use Management Plan for Band- e-Amir. Surveys were carried out in a number of proposed protected areas, whereas studies focused on the more specific issues of fish farming, ethnobotany and restoration of Qambar Lake in Band-e-Amir. Finally, capacity development activities provided training for Government staff on protected area management.

WCS is implementing a project that focuses on three geographical areas: the Wakhan Corridor, the Hazajarat Plateau, and the Eastern Forest complex. These initiatives encompass four interwoven activity groups. The first involves surveys and analyses to collect baseline data, identify threats, and design initiatives to alleviate those threats – subjects include wildlife, rangeland, livestock, forest cover, health, and socioeconomic factors. The second involves community based initiatives, ranging from environmental education to facilitating the creation of community resource committees to helping with livestock health issues to hiring and training local people as wildlife rangers, monitors, and ecotourism guides. The third involves policy. This includes reviewing existing policies and providing recommendations for improvement, the development of recommendations for new and expanded protected areas, training park rangers, potentially designing a Marco Polo sheep (and markhor) trophy hunting program after careful evaluation, and other relevant government-led conservation actions, including continued efforts to establish a four-country transboundary park in the Pamirs. The fourth involves building capacity within Afghanistan’s environmental sector. This capacity building element is woven into all other project activities, and it is also specific to focused short course training and study/travel tours to relevant international sites.

In 2007, the International Centre for Integrated Mountain Development (ICIMOD) established a Biodiversity and Community Forestry Program in Afghanistan that aims to strengthen the natural resource management sector by providing increased access to institutional and policy innovations from the Hindu Kush Himalayan region. Results of the program will include the promotion of institutional and policy development in natural resource management through regional innovations and peer networks; strengthening of the capacity for policy research, analysis and monitoring by making available best practices and international quality training from the region; and the establishment of policy and practice linkages by setting up a demonstration site for social, technical and institutional models.

Afghan Conservation Corps (ACC) was created in 2003. H.E Mr. Hamid Karzai, President of Islamic Republic of Afghanistan, and his foreign counterparts from the U.S. State Department, U.S. Department of Agriculture (USDA), and United Nations Office for Project Services (UNOPS) envisioned ACC as a labor-based program designed to provide immediate employment benefits to vulnerable people and ex-combatants, while at the same time contributing to restoration and rehabilitation of Afghanistan’s environment. Since then, ACC has been an important tool in national environmental restoration and conservation efforts, funded primarily by USAID/USDA. ACC works closely with the Department of Natural Resources in MAIL and the NEPA. ACC aims to generate long-term improvements in the livelihoods of the Afghan people through sustainable natural resource management, biodiversity conservation and environmental rehabilitation. Specific objectives are: improve rural livelihoods through community forestry and horticulture, rangeland and integrated watershed management; contribute to the conservation of Afghanistan’s cultural and biological diversity, with a geographical focus in critical / endangered ecoregions; develop the capacity of Government of Afghanistan and rural people to sustainably manage their natural resource base; and provide employment to vulnerable Afghans. To this end, ACCs activities have focused on nursery and orchard establishment, rehabilitation and management; improving facilities in natural protected areas; reforestation; soil and water conservation; conservation of horticultural diversity with women; conservation education; and building capacity. Projects have been implemented on public, community and private lands together with Government staff, traditional leaders (Shuras) and Community Development Councils (CDCs).

USAID-Afghanistan and NEPA recently initiated a joint project aimed at strengthening the institutional capacity of NEPA to implement its mandate under the Environment Law of 2007. Operated through a contract between USAID and ECODIT - a US-based small business provider of professional services in the environmental management, nature-based tourism, and water resources fields - the Biodiversity Support Program for NEPA (BSP/NEPA) will concentrate on those parts of the overall NEPA mandate that relate most closely to biodiversity conservation and natural resource management. Within this context, BSP/NEPA will support the building of institutional capital (human, financial and technical resources) for improved capacity to coordinate and monitor environmental management in Afghanistan. Core activities will focus on: (1) strengthening the ability of NEPA to implement the Environment Law by building internal technical and administrative capacity through on-the-job training and short courses, provision of specific external technical expertise where necessary, and assistance in selecting a limited number of candidates for MSc studies abroad; (2) supporting NEPA to coordinate national and subnational environmental programs through specific material and technical support to an appropriate coordinating mechanism or body; (3) assisting NEPA to conduct public environmental education and outreach efforts through technical assistance in production and dissemination of targeted messages to a range of specific audiences; (4) building NEPA capacity to develop and implement environmental regulations and to develop long-term financial viability; and (5) promoting and investing in community-based resource management, including NEPA's role as monitor of field activities by governmental or non-governmental implementers.

3.3.4 Summary of improvements in compliance with UNCBD

Ongoing activities of the Government of Afghanistan together with the activities of key international organizations (as detailed in the above-mentioned projects) contribute towards improvement in compliance with the following UNCBD Articles:

• Integration of conservation and sustainable use of biological diversity into relevant sectoral or cross-sectoral plans, programs and policies (article 1 (b));

• Rate of loss and degradation of natural habitats decreased (target 5.1);

• Identify components of Afghanistan’s biodiversity (article 7(a));

• Establish system of protected areas (article 8(a));

• Develop guidelines for selecting protected areas (article 8(b));

• Regulate and manage biological resources inside and outside protected areas with a view to ensuring their conservation and sustainable use (article 8 (c));

• Promote the protection of ecosystems, natural habitats and the maintenance of viable populations of species in natural surroundings (article 8 (d));

• Promote environmentally sound and sustainable development in areas adjacent to protected areas with a view for furthering the protection of these areas (article 8 (e));

• Restore degraded ecosystems and recover threatened species (article 8(f));

• Respect, preserve and maintain knowledge and practices of indigenous and local communities embodying traditional lifestyles relevant for the conservation and sustainable use of biological diversity (article 8 (j));

• Integrate consideration of the conservation and sustainable use of biological resources into national decision making (article 10 (a));

• Establish and maintain education and training programmes for identification, conservation and sustainable use of elements of biological diversity (article 12(a));

• Promote and encourage research which contributes to the conservation and sustainable use of biological diversity (article 12 (b));

• Promote and encourage understanding of the importance of, and the measures required for, the conservation of biological diversity (article 13 (a));

• at least 10% of each of the ecological regions conserved (target 1.1);

• biodiversity-based products derived from sources that are sustainably managed, and production areas managed consistent with the conservation of biodiversity (target 4.1)

• unsustainable consumption, of biological resources, or that impacts upon biodiversity, reduced (target 4.2);

• reduce pollution and its impacts on biodiversity (target 7.2).

3.4 Identify priority capacity needs, and opportunities for capacity development at the individual, organizational and systemic levels

3.4.1 Analysis of priority capacity needs and opportunities

In 2005, a Biodiversity and Wetlands Working Group (BW-WG) was established under the NCSA and NAPA process. Comprising eight members from MAIL, NEPA, Kabul University, SEA and ADB (see Annex 1), this Working Group was initially trained in biodiversity and UNCBD related issues. In February 2006, the BW-WG initiated a critical examination of Afghanistan’s responsibilities under the UNCBD and determined priority actions based upon the most pressing needs of the country. A list was compiled of potential actions called for the in the Articles of the UNCBD and the 2010 Targets. These actions were discussed in detail and rough and intuitive cost-impact assessments were undertaken for each chose action to get a general idea of relative costs and benefits. The BW-WG prioritized ten actions for the conservation of Afghanistan’s biodiversity.25

3.4.2 Priority 1. Participate fully in activities of the UNCBD

Participation by Government of Afghanistan in the Convention on Biological Diversity requires that key persons are identified in relevant Ministries and tasked with acquiring a functional understanding of provisions of the UNCBD. Responsibilities allocated to these persons must encompass facilitating compliance with the UNCBD at a national level, corresponding with the UNCBD Secretariat, preparing required national level reports, and attending the Conference of Parties and relevant committee meetings.

3.4.3 Priority 2. Develop a Biodiversity Strategy for Afghanistan

Article 6 of the UNCBD calls upon Parties to develop NBSAPs. These are intended to identify threats to biodiversity, provide a policy analysis of these threats, define actions necessary to address threats identified, and indicate responsibilities. Afghanistan’s NBSAP will expand and develop existing work through the incorporation of the following guidelines provided in Article 6 of the UNCBD:

• Take into account guidelines such as those provided in National Biodiversity Planning published by UNEP, World Resources Institute (WRI) and IUCN;

• Collaborate with relevant organizations when preparing and implementing the NBSAP;

• Include measures for in situ and ex situ conservation, sectoral integration of biodiversity considerations and equitable sharing of benefits from the use of genetic resources;

25 Summary presented here, full report available in UNEP-Kabul.

• Set measurable targets to achieve biodiversity conservation and sustainable use objectives; and

• Ensure that the conservation and sustainable use of wetlands, and migratory species and their habitats, are fully incorporated.

The responsibility for the development of the Afghanistan NBSAP will reside jointly with the Department of Natural Resources of MAIL, NEPA and UNEP. It is recommended that one international consultant work together with personnel from the two Ministries, thereby building national level capacity to undertake such processes, as well as contributing towards the internalization of the strategy.

3.4.4 Priority 3. Determine the status of Afghanistan’s biodiversity

One of the most significant findings of UNEP’s A Biodiversity Profile of Afghanistan in 2006 was that almost all the information on Afghanistan’s biodiversity has originated prior to 1979. Mostly anecdotal evidence suggests that many components of Afghan biodiversity have declined dramatically during the past 27 years. Large mammals appear to have been particularly affected and it is feared that many ungulate and carnivore species may now be on the brink of extinction in Afghanistan.

IUCN maintains a Red List of species globally threatened with extinction. The process for listing species entails employing rigorous, semi-quantitative criteria which are largely applicable to the national scale as well as the global. With the assistance of IUCN, it is recommended that a Red Listing process be undertaken at the national scale for Afghanistan’s mammals.

Responsibility for establishing a process for establishing status of Afghan flora and fauna rests with the Department of Protected Areas and Wildlife Conservation in MAIL. It is recommended that the international community assist the Directorate in securing funding, requesting assistance from IUCN or environmental NGOs for this process, and in overall project management.

The successful determination of the status of Afghanistan’s biodiversity requires the training of a cadre of Afghans in the realization of biological surveys and interviews with local people to determine the current status of particular species. Personnel at Kabul University and the MAIL will need to develop an understanding of the process for formally determining biological status.

3.4.5 Priority 4. Establish a system of protected areas

Establishing a system of protected areas encompasses two distinct activities. The first component involves legally designating and effectively managing specific protected areas. The second involves the elaboration and implementation of a methodology for selecting and

designating additional protected areas in a manner that ensures the conservation of a representative sample of key ecoregions.

At present, NEPA, MAIL, UNEP, and various non-governmental organizations are working to put into place priority protected areas. These include Dasht-i-Nawar, Kole-Hashmat Khan, Band-i-Amir, Ajar Valley and Big Pamir. Under the current security situation, these are the only areas in which it is practical to undertake on-the-ground protected area development. A list of proposed protected areas is included in Section 2.1.

It is also important to take the longer term view and establish a list of areas that should be protected when conditions permit. Such a system plan would first establish the national priorities of a national protected area system. Many jurisdictions have adopted the “representative ecological areas” approach in which the country or sub-national area is categorized into a mosaic of ecoregions. A goal is then set for protecting a certain percentage of representative landscapes in each ecoregion. Detailed ecoregional delineation has not been undertaken for Afghanistan but the classifications proposed by Freitag (1971)26 and Olson et al (2001)27 could be used as a starting point.

Responsibility for establishing a national protected areas system rests with NEPA, with the close involvement of the Division of Protected Areas and Wildlife Conservation, MAIL.

Immediate capacity needs associated with current efforts to establish protected areas at Band- i-Amir, Wakhan, Ajar Valley, Dasht-i-Nawar and Kole-Hashmat Khan require intensive support of the international community for the development of detailed management plans incorporating budgets. These management plans, which will require extensive consultation at the local level, will detail the various processes recommended to gain local support for the establishment of the area and will also recommend actions with respect to capacity development necessary for effective implementation of the specific protected areas.

Shorter term management plans and longer term planning in terms of increasing the representativity of the protected area network requires international support to NEPA and MAIL staff to facilitate the elaboration of a methodology for selecting and designating additional protected areas, and to strengthen capacity effective management of the national protected area network.

3.4.6 Priority 5. Establish a CITES permitting system

The Convention on the International Trade in Endangered Species of Flora and Fauna (CITES) is an international compact designed to limit transboundary demand for species-at- risk. CITES lists species on Appendices. Appendix I species generally cannot be exported

26 Freitag H. 1971. Studies in the natural vegetation of Afghanistan.P.H. Davis. Plant life of South-West Asia. Edinburgh: Royal Botanic Garden. p 89-106. 27 Olson, D.M. et al. 2001. Terrestrial eco-regions of the world: A new map of life on Earth. BioScience 51(11): 933- 937. See http://www.worldwildlife.org/wildworld/profiles/terrestrial_pa.html

except under special circumstances and require a permits from both the importing and exporting countries. Appendix II species require a permit from the exporting country certifying that export does not represent a threat to national populations. Afghan species listed on CITES Appendices I and II are listed in Annex 2.

The Convention requires Parties to set up an administrative system entailing nomination of a Scientific Authority and a Management Authority who are respectively responsible for national scientific expertise on endangered species and administration of export/import of endangered species respectively. CITES currently recognizes the Director of the Forestry Department, MAIL, as Afghanistan’s CITES Management Authority. At the time of writing, Afghanistan did not have a CITES Scientific Authority. A suitable institution should be defined and submitted to the CITES Secretariat.

Together with the lack of a designated Scientific Authority, Afghanistan currently lacks a system for assessing the scientific consequences of exports of CITES listed species and for issuing the necessary permits. Intensive capacity building for the Scientific Authority (once named) together with training of border guards, customs agents and other government officials in CITES regulations and recognition of CITES species is necessary as the system is developed and implemented.

Responsibility for developing an administrative system for CITES permitting should be undertaken by MAIL, with support from the international community. The CITES Secretariat can provide advice and model systems from other countries. It should be ensured that Scientific and Management Authorities are named and confirmed as soon as possible and that they have the appropriate resources and training to fulfill their tasks. Following the institution of an effective permitting system, planning for investigation and enforcement should be undertaken as the second step.

The successful implementation of CITES requires building the capacity of several individuals within the Division of Protected Areas and Wildlife Conservation (MAIL), as well as the designated Management and Scientific Authorities, to understand the history, intent, and considerable intricacies of CITES and to develop the capacity necessary to move towards its effective implementation in Afghanistan. Part of this process entails attending the COP every two or three years to contribute to a better understanding of the practical workings of the Convention.

3.4.7 Priority 6. Enhance public awareness about biodiversity and sustainable use

The BW-WG identified the lack of education and awareness about biodiversity and sustainable use as perhaps the most important systemic issue in conserving the country’s biodiversity resources. However, it was also recognized that this is a high cost and long term issue entailing a spectrum of culturally appropriate approaches. At this stage, support to the Department of Research, Policy and Information, NEPA is required to develop and

implement a national programme of biodiversity education and awareness that links in with the activities of the Ministry of Education.

3.4.8 Priority 7. Establish community-based management of forests, rangelands and wetlands

The Environment Law and the proposed Forest and Rangeland Laws all have community- based management as their cornerstones. CBNRM is therefore an approach that cuts across virtually all programs undertaken by the MAIL and many of the undertakings of NEPA. At this stage, a strategic exploration of the issue is needed. It is recommended that a practical approach to implementing a programme of community-based conservation be developed building upon current experiences with CBNRM in Afghanistan (and elsewhere), to be scaled up as relevant new legislation is approved. Given the relative youth of this concept in formal governance in Afghanistan, the establishment of systems of adaptive learning are considered essential.

3.4.9 Priority 8. Understand and utilize traditional practice and knowledge of conservation and sustainable use

It was recognized by the BW-WG that local people have interacted with the land for millennia and have accumulated deep understanding of natural processes and developed practices that have proven effective. Any community-based approaches to sustainable use of natural resources must take into account traditional knowledge and practices. At this stage, a strategic exploration of the issue is needed. Approaches to community-based conservation must incorporate mechanisms for collecting, analyzing, archiving and incorporating traditional knowledge into community-based conservation. It is therefore recommended that strategic planning for traditional knowledge (Priority 8) and for community-based conservation (Priority 7) be combined into a single programme of work.

3.4.10 Ten priority actions suggested in the Biodiversity Profile of Afghanistan

The above-described priorities can be complimented by an analysis of ten priority actions, as identified by an international expert on biodiversity conservation in Afghanistan. Similarities between the above prioritization of the BW-WG and that of the international expert are as follows:

(a) Increase public awareness and outreach in relation to biodiversity and its value to Afghan people (see Priority 6 above);

(b) Survey all wetlands and potential protected areas listed in this document to determine current status and suitability for inclusion into the protected areas system plan; develop a protected areas system plan for Afghanistan designed to protect

representative areas of high biodiversity in all major ecoregions; and establish priority and feasible protected areas as legally recognized and effectively managed entities; This set of three interrelated recommendations can be grouped under Priority 4 identified by the Working Group. They represent an expansion on some of the steps that need to be undertaken in order to secure the establishment of a representative system of protected areas that would ensure the conservation of representative areas of high biodiversity in all major ecoregions. Whilst this represents the optimal mechanism for developing and implementing a protected area system at a national level, in practice the mechanism must necessarily be adapted. This is particularly so in Afghanistan where continued insecurity restricts access to a number of the key ecoregions and potential protected areas.

(c) Initiate a national Red-Listing process for Afghan mammals with the technical assistance of IUCN, incorporating targeted surveys to establish current status of priority species; and encourage national and international scholars to develop a comprehensive flora of Afghanistan (both closely related to Priority 3 above); Determining the status of Afghanistan’s biodiversity will encompass targeted surveys of priority and “keystone” or “umbrella” species to develop a baseline against which changes in status can be monitored over time. Similarly, as research is undertaken, a comprehensive flora of Afghanistan can be used to characterize ecosystem and ecoregion types with more detail. This information can then be used in the design of a representative protected areas network and in the prioritization of CBNRM plans.

(d) Develop a National Biodiversity Strategy and Action Plan for Afghanistan (see Priority 2 above).

(e) Develop effective plans to intervene in the destruction of the remaining monsoon- dependent forests of eastern Afghanistan, and preserve and recover remnant pistachio and juniper forests in northern Afghanistan. Although linked to Priority 7 above, this recommendation addresses a specific geographical area, whilst at the same time opting not to identify the specific stakeholders that will be involved in its implementation. This is very logical given the comparatively rich biodiversity found in the eastern region and the high-value and politically contested natural of natural resource extraction and use. It can be anticipated that specific recommendations such as this one will result from the process of NBSAP elaboration, development of the national protected area system, and initiation of CBNRM activities.

An additional two priorities are suggested for the conservation of Afghanistan’s biodiversity. The first of these covers improving the capacity of government institutions to effectively manage biodiversity. It has systematic, institutional and individual capacity-building components. The second additional priority relates to the conservation of Afghan landraces of crops and plants. More research is required to determine if crop and plant diversity is related to traditional knowledge systems and use patterns (Priority 8 above), as has been discovered elsewhere in the world. In continuation, each of these two additional priorities is discussed in turn.

Improve capacity of government institutions to effectively manage biodiversity. Capacity at the systematic, institutional and individual levels within key Government institutions must be built to facilitate the effective management and conservation of biological diversity. Priority issues at the institutional level vary Ministry by Ministry, but they encompass the following: Systematic • Institutions and laws, including the revision and approval of key legislation related to biodiversity conservation; • Participation, accountability and transparency, e.g. through the development and strengthening of governance systems that facilitate public participation; and • Authority levels, including the allocation of, and ability to assert, authority over biological resources whether this be at the local, district, provincial or national levels. The successful assertion of authority is closely linked to the development and approval of national level legislation governing biodiversity conservation (and, more broadly, natural resource use and management), clarification of property rights and tenure, and the existence of legitimate governance systems. Institutional • Strengthened governance through elaboration (where necessary), internalization and implementation of Strategic Plans and associated implementation strategies; • Development of specific management plans with appropriate goals and targets established with clear indicators to measure progress; • Alignment of resources to the overall strategic plan and specific management plans; and • Establishment and implementation of effective operational procedures; Individual • Job requirements clearly defined and performance fairly monitored and evaluated; • Incentive system linked to job performance; and • Skill development and training, specific priorities being related technical themes, English and computing.

Develop programs to preserve native Afghan landraces of crop plants and livestock. Afghanistan was one of the most significant centers for the origin and development of humanity’s crop plants. Consequently, there are numerous local landraces of wheat and other crops in use by Afghan farmers. Nine local breeds of sheep are found in Afghanistan along with eight breeds of cattle and seven of goats. Although representing an important issue for the conservation of biological diversity, this area is not being addressed in Afghanistan at present.

3.4.11 Summary

The institutional strengthening of the Government and civil society in a manner that addresses systemic, institutional and individual levels is of paramount importance. A NBSAP for Afghanistan, together with a clear methodology for both selecting and designating additional protected areas and scaling up of CBNRM, will provide a much needed framework for working towards fulfilling obligations under the UNCBD and will specifically outline a plan for determining the status of Afghanistan’s biodiversity.

Further systemic institutional strengthening will address the establishment of a CITES permitting system and the legal framework for community-based management of forests, rangelands and wetlands. It will also support the development and implementation of programs that enhance public awareness about biodiversity, promote sustainable use of natural resources and develop a program to understand and utilize traditional practice and knowledge of conservation and sustainable use.

In parallel with institutional strengthening activities at the national level, it is of paramount importance to build upon and learn from ongoing CBNRM activities being undertaken around the country. Given that institutional strengthening at the national level is a long and on-going process, together with the fact that local communities live alongside and use natural resources on a daily basis, sustainable natural resource management must be immediately addressed and promoted at the local, community and village levels.

Individual capacity building must be realized at multiple levels. It will address technical and socio-organizational aspects of biodiversity conservation, in addition to basic skill development in English, computing and management.

4 Conclusion

Although Afghanistan is not among the world’s megadiverse countries, it has an ecologically fragile environment where production and ecosystem health is largely limited by low and variable rainfall. Over 80% of the country’s human population rely on natural resources for their daily livelihoods. Biodiversity is being degraded as immediate needs, ongoing conflict, internal displacement, high rates of population growth, low levels of education, and poverty, result in a prioritization of survival over the longer-term sustainability of natural resource use and management.

Years of conflict together with frequent changes in government have left a situation where the systematic, institutional and individual capacities for compliance with the UNCBD are extremely limited. In light of this, it is critical that the international community support capacity building in a manner that addresses more general and basic capacity needs as well as those specific to the UNCBD.

A NBSAP for Afghanistan, together with both a clear methodology for selecting and designating additional protected areas and CBNRM guidelines, will provide a much needed

framework for working towards fulfilling obligations under the UNCBD and will specifically outline a plan for determining the status of, and conserving, Afghanistan’s biodiversity.

Further systemic institutional strengthening will establish the necessary legal framework for controlling the trade in endangered species of flora and fauna, community-based management of forests, rangelands and wetlands. Together with programmes that enhance public awareness about biodiversity and promote sustainable use of natural resources, a basis will be established for comprehensive community involvement. In this respect, it is of paramount importance to build upon and learn from ongoing CBNRM activities being undertaken around the country. Local communities who live alongside and use natural resources on a daily basis will be key players in determining the fate of biodiversity at the local level. Individual capacity building is required at multiple levels to address technical and socio-organizational aspects of biodiversity conservation, in addition to basic skill development in English, computing and management.

Annex 1: Authors of and contributors to this report

• Chris Shank, International Consultant to the B-WG • Linda Norgrove, International Consultant to the NCSA and NAPA Projects • Belinda Bowling, Environmental Law and International Conventions Expert, UNEP • Wali Modaqiq, GEF National Project Coordinator • Ajmal Rahimy, GEF National Project Assistant • Prof. Dr. Noor Ahmad Mirazai, Kabul University, BW-WG member • Sulaiman Shah Salary, NEPA, BW-WG member • Ghulam Haider Haideri, MAIL, BW-WG member • Ghulam Mohammad Malikyar, ADB, BW-WG member • Ziaullah Amin, SEA, BW-WG member • Abdul Baqi Ahmadzai, NEPA, BW-WG member • Ghulam Dastageer, MAIL, BW-WG member • Abdul Wasi Nasseri, MAIL, BW-WG member

• Photos taken by Wali Modaqiq and Linda Norgrove

Annex 2: Afghan species on CITES Appendices I and II

Common Name Scientific Name Appendix Notes FAUNA (ANIMALS) Class: MAMMALIA (Mammals) Rhesus Macaque Macaca mulatta II Wolf Canis lupus II Blandford's Fox Vulpes cana II Brown Bear Ursus arctos isabellinus I Asiatic Black Bear Ursus thibetanus I Common Otter Lutra lutra I Cheetah Acinonyx jubatus I Extirpated in Afghanistan Caracal Caracal caracal I Jungle Cat Felis chaus II Sand Cat Felis margarita II Unconfirmed from Afghanistan Wildcat Felis silvestris II Lynx Lynx lynx II Pallas's Cat Otocolobus manul II Leopard Panthera pardus I Tiger Panthera tigris I Extirpated in Afghanistan Leopard Cat Prionailurus bengalensis II Snow Leopard Uncia uncia I Onager or wild ass Equus onager II O. e. onager and O.e . khulan occur in Afghanistan. O. e. khur occurs in India and Pakistan and is Appendix I. Considered Equus hemionus by Duff and Lawson (2004).

Himalayan Musk Deer Moschus chrysogaster I Bactrian Deer Cervus elaphus bactrianus II Subspecies only, probably extirpated in Afghanistan Wild Yak Bos mutus I Unconfirmed from Afghanistan Markhor Capra falconeri I Goral Naemorhedus goral I Unconfirmed from Afghanistan Argali Ovis ammon II Only O. a. poli in Afghanistan Urial/Mouflon Ovis vignei [orientalis] II The Afghan subspecies (cycloceros) is considered O. orientalus by IUCN and Duff and Lawson (2004). Considered O. vignei by CITES.

Class: AVES (Birds) Dalmatian Pelican Pelecanus crispus I Black Stork Ciconia nigra II Eurasian Spoonbill Platalea leucorodia II Lesser Flamingo Phoenicopterus minor II Unconfirmed from Afghanistan Greater Flamingo Phoenicopterus ruber II Baikal Teal Anas formosa II Unconfirmed from Afghanistan White-headed Duck Oxyura leucocephala II Osprey Pandion haliaetus II Shikra Accipiter badius II

Northern Goshawk Accipiter gentilis II Eurasian Sparrowhawk Accipiter nisus II

Cinereous Vulture Aegypius monachus II Golden Eagle Aquila chrysaetos II Greater Spotted Eagle Aquila clanga II Steppe Eagle Aquila nipalensis II Imperial Eagle Aquila heliaca I White-eyed Buzzard Butastur teesa II Eurasian Buzzard Buteo buteo II Uncertain for Afghanistan Rough-legged Hawk Buteo lagopus II Long-legged Buzzard Buteo rufinus II Short-toed Eagle Circaetus gallicus II Western Marsh-Harrier Circus aeruginosus II

Northern Harrier Circus cyaneus II Pallid Harrier Circus macrourus II Montagu's Harrier Circus pygargus II Lammergeier Gypaetus barbatus II White-rumped Vulture Gyps bengalensis II Eurasian Griffon Gyps fulvus II Himalayan Griffon Gyps himalayensis II Indian Vulture Gyps indicus II Unconfirmed from Afghanistan Pallas's Fish-Eagle Haliaeetus leucoryphus II

White-tailed Eagle Haliaeetus albicilla I Bonelli's Eagle Hieraaetus fasciatus II Cited as Aquila fasciatus by Dickinson (2003)

Black Kite Milvus lineatus [migrans] II Cited as Milvus migrans by Dickinson (2003) Egyptian Vulture Neophron percnopterus II European Honey-buzzard Pernis apivorus II Unconfirmed from Afghanistan

Amur Falcon Falco amurensis II Unconfirmed from Afghanistan Saker Falcon Falco cherrug II Merlin Falco columbarius II Laggar Falcon Falco jugger I Lesser Kestrel Falco naumanni II Barbary Falcon Falco pelegrinoides I Eurasian Hobby Falco subbuteo II Eurasian Kestrel Falco tinnunculus II Peregrine Falcon Falco peregrinus I Himalayan Monal Lophophorus impejanus I Common Crane Grus grus II Demoiselle Crane Grus virgo II Anthropoides virgo in Dickinson (2003)

Siberian Crane Grus leucogeranus I Houbara Bustard Chlamydotis undulata I Great Bustard Otis tarda II

Little Bustard Tetrax tetrax II Alexandrine Parakeet Psittacula eupatria II Slaty-headed Parakeet Psittacula himalayana II Rose-ringed Parakeet Psittacula krameri II Not listed for Afghanistan by CITES. Short-eared Owl Asio flammeus II Long-eared Owl Asio otus II Little Owl Athene noctua II Eurasian Eagle-Owl Bubo bubo II Collared Owlet Glaucidium brodiei II Pallid Scops-Owl Otus brucei II European Scops-Owl Otus scops II Tawny Owl Strix aluco II Scaly-bellied Woodpecker Picus squamatus flavirostris II

Class: REPTILIA (Reptiles) Afghan Tortoise Testudo horsfieldii II Iranian Uromastyx Uromastyx asmussi II Indian Spiny Tail Lizard Uromastyx hardwickii II

Bengal Monitor Varanus bengalensis I Desert Monitor Varanus griseus I Elegant Sand Boa Eryx elegans II Indian Sand Boa Eryx johnii II Dwarf Sand Boa Eryx miliaris II Tartary Sand Boa Eryx tataricus II Oriental Rat Snake or Ptyas mucosus II Whipsnake Central Asian Cobra Naja oxiana II Class: ACTINOPTERYGII (Bony Fishes) Fringebarbel sturgeon Acipenser nudiventris II Dwarf sturgeon Pseudoscaphirhynchus hermanni II

Amu Darya sturgeon Pseudoscaphirhynchus kaufmanni II

FLORA (PLANTS) No Common Name Sternbergia fischeriana II Elephant's foot Dioscorea deltoidea II No Common Name Dactylorhiza hatagirea II Southern Marsh Orchid Dactylorhiza majalis majalis II

No Common Name Eulophia turkestanica II No Common Name Habenaria josephii II No Common Name Orchis latifolia II Himalayan yew Taxus wallichiana II