Annexes - National REDD+ Strategy and its Implementation Framework ~ 1 ~ Annexes - National REDD+ Strategy and its Implementation Framework LIST OF ANNEXES ANNEX 1 PROVINCIAL REDD+ STRATEGY BRIEFS 2 ANNEX 2 CONSULTATION PROCESS – A SUMMARY 107 ANNEX 3 COST BENEFIT ANALYSIS AND MARGINAL ABATEMENT COST CURVES 137 ANNEX 4 LAND USE PLANNING GUIDELINES 154 ANNEX 5 REDD+ CURRICULUM 169 ANNEX 6 GUIDELINES FOR THE DEVELOPMENT OF PROVINCIAL REDD+ STRATEGIES 183 ~ 1 ~ Annexes - National REDD+ Strategy and its Implementation Framework Annex 1 Provincial REDD+ Strategy Briefs ~ 2 ~ Annexes - National REDD+ Strategy and its Implementation Framework 1. PROVINCIAL REDD+ STRATEGY BRIEFS 1.1 Azad Jammu and Kashmir 1.1.1 Minutes from REDD+ Management Committee Meeting, November 13, 2017 Agenda Introduction of Participants Overview of the REDD+ and different studies Presentation and group work facilitated by Indufor-CTC for National REDD+ Strategy Presentation by Arbonaut-WWF on NFMS, MRV and FRELs Presentation and Group work by CLP-HB on Safeguards, FGRM and SIS Discussion and inputs from Management Committee towards National Strategy, NFMS, MRV, Safeguards and SIS etc. Proceedings The Secretary-Forests chaired the meeting. The Conservator of Forests greeted the participants and after Introduction of Participants, Deputy Team Leader of Indufor-CTC explained the objectives of the meeting with the Management committee and presented the studies undertaken by different firms. An overall presentation regarding REDD+ context was provided by Iqbal Muhammad, Deputy Team Leader of Arbonaut-WWF, explaining the REDD+ and its different aspects. He has then presented the work done by them on establishing NFMS, MRV and FRL/ FRELs. Focal person from Indufor-CTC presented the Development of National REDD+ Strategy and Implementation Framework for validating the existing work done by the team regarding drivers of deforestation and forest governance assessment, and Strategy options. The focal person of CLP-HB presented their work to the forum on safeguard systems, SIS and also on FGRM. A vision statement was shared at the end of presentation for their review and inputs of the participants. The vision statement was discussed with Conservator of Forests, before sharing with the participants. There was a general consensus over the statement. Group work was undertaken afterwards to discuss, review and prioritize the drivers of deforestation and forest degradation, and to identify potential strategic options, positive and negative impacts and possible grievances and issues and their potential way out. The meeting then continued with brief discussion on the Benefit sharing mechanisms, Institutional capacity assessment, Barrier analysis, risks and other dimensions of the REDD+. This was also recorded. ~ 3 ~ Annexes - National REDD+ Strategy and its Implementation Framework The Secretary-Forests kindly accepted the request of the firms working under National REDD+ Office to share the documents with the National Consultants for deliberation and to ensure that National Strategy and priorities of AJK are in line with each other and there are no contradictions and differences within the two. The meeting ended with a note of thanks. Date: February 15, 2018 Signed: _____________________________________ Mohammad Tayyab General Manager, CHIP Training & Consulting Pvt. Ltd. Attached: Draft Provincial Report, with sections on; - Analysis of the legal framework - Report on Drivers of Deforestation and Forest Degradation - Strategic Framework for AJK ~ 4 ~ Annexes - National REDD+ Strategy and its Implementation Framework List of Participants S. Organizat Designatio No Name ion n Ph.No E.mail Managing 0302- 1 Nisar Ahmed Malik AKLASC Director 5820206 Dr.Hamayun University Assistant 0344- hamayunmaldial@ 2 Shaheen of AJK Professor 5952552 yahoo.com Agricuture Departme 0333- [email protected] 3 Dr.M.Bashir Butt nt DG 5308935 m Forests 0344- imtiazawan@gmail. 4 Imtiaz Ahmed Deptt DFO 9590040 com Forests 0300- bilalahmed_1978@ 5 Bilal Ahmed Deptt DFO 4441711 gmail.com Syed Mazhar Forest 0344- mazharnaqvi48@g 6 Hussain Deptt DFO 5925512 mail.com Forest 0345- irtaza_83@hotmail. 7 Irtaza Qureshi Deptt DFO 5920663 com HB/CLP 0333- anthropologistrao@ 8 Dr.Rao Nadeem HB/CLP Consultant 5574539 gmail.com 0332- imtiazpare@yahoo. 9 Imtiaz Ahmed CTC Consultant 5399947 com Raja Tariq 0301- [email protected] 10 Mehmood CLP/HBP Consultant 5244036 m M.Ahmed Aslam 0333- ahmed@mumtazan 11 Ch CTC Consultant 5757274 dbrohi.com Deputy Team iqbalwwfp@yahoo. 12 Iqbal Muhammad WWF Leader com Mahjabeenqazi@y 13 Mah Jabeen Qazi CTC Sociologist ahoo.com 1.1.2 Constitutional Background of Forest Laws and Policies in Pakistan and the Challenges Created Thereby The territory within Azad Jammu and Kashmir (“AJK”) is still not considered a part of Pakistan’s Territory as defined in Article 1 of the Constitution, however, Pakistan has nevertheless acted as a sovereign there, exercising an effective and continuous display of state authority generally recognized under international law. Nonetheless, Pakistan recognizes that the future status of the State of Azad Jammu and Kashmir is yet to be determined in accordance with the freely expressed will of the people of ~ 5 ~ Annexes - National REDD+ Strategy and its Implementation Framework the State through a plebiscite under the auspices of the United Nations, as envisaged in the United Nations Commission on India and Pakistan (UNCIP) Resolutions. As such, the Azad Jammu and Kashmir Interim Constitution Act, 1974 (“Interim Constitution”) was presented by the Government of Pakistan to the President of AJK for introduction and passage before the Legislative Assembly of AJK. and it was passed in due course. The salient features of the Interim Constitution for the current discussion are that it creates two bodies with legislative powers: the AJK Council (comprising the Prime Minister of Pakistan, the President of AJK, five members nominated by the Prime Minister from amongst the Federal Ministers and members of Parliament, the Prime Minister of AJK and six members to be appointed by the AJK Legislative Assembly) and the Legislative Assembly with a total of forty one members directly elected and eight members elected by the directly elected members against reserved seats. The Council has the exclusive power to make laws in respect of the subjects provided in the Third Schedule to the Interim Constitution (“Council Legislative List”) whereas the Legislative Assembly has the exclusive power to make laws in respect of all subjects not included in Council Legislative List. However, neither the Council nor the Legislative Assembly have the right to make any laws in respect of certain subjects, including the responsibilities of the Government of Pakistan under the UNCIP Resolutions, the defence and security of AJK, the current coin or issue of any bills or the external affairs of AJK. In respect of these reserved subjects, the Government of Pakistan reserves the right under Article 56 of the Interim Constitution to take any such action as it may consider necessary or expedient for the effective discharge of these responsibilities. Nothing in the Interim Constitution may derogate from these responsibilities. The subject of “Forests”, and related subjects, such as environment and ecology, which may be interpreted to include forests within their legislative field, are not to be found on the Council Legislative List. Therefore, the Legislative Assembly now retains the exclusive domain to make laws regarding forests in AJK. Under Article 12 of the Interim Constitution, the executive authority of AJK shall be exercised in the name of the President by the Government consisting of the Prime Minister, whom shall be the Chief Executive of AJK, and the Ministers, which shall act through the Prime Minister. However, under Article 19, the executive authority of the Government shall extend only to such matters with respect to which the Legislative Assembly has the power to make laws, which as elaborated above, includes the subject of Forests. Alternatively, Under Article 21(7) of the Interim Constitution the Council has the executive authority in respect of all matters and has the power to make laws. As apparent from the above discussion, the forests of AJK are within the exclusive legislative and executive domain of the Legislative Assembly. As such, any REDD+ related policy and legislative framework creation and/or amendments would require efforts directed at lobbying the Government of AJK, as opposed to the Government of Pakistan or the AJK Council (in distinction to Gilgit-Baltistan where forests are within the legislative and executive competence of the Gilgit-Baltistan Council headed by the Prime Minister of Pakistan). Since AJK is free to promulgate its own policies on the subject, this raises the same concerns as with the provinces in relation to the coherence of the overall framework because of a lack of coordination between the Federation of Pakistan and AJK. ~ 6 ~ Annexes - National REDD+ Strategy and its Implementation Framework The primary legislation with respect to forests in the AJK is the Jammu and Kashmir Forest [Regulation No.2 of 1936] (“AJK Forest Regulation”), which delineates several categories of government-owned and private forests as detailed below. GOVERNMENT OWNED FORESTS Demarcated Forest Under Section 3 of the AJK Forest Regulations, the Government may make rules declaring a forest land or wasteland as a demarcated forest, only when the land is