Safeguard A

That actions complement or are consistent with the objectives of national forest programmes and relevant international conventions and agreements’

Pakistan Clarification of UNFCCC REDD+ Safeguard A:

“The REDD+ Strategy is designed in compliance with the objectives of national forest programmes, and consistent with the provisions of the relevant treaties and international conventions Pakistan is Party to”

Relevant PLRs to be used to ensure the implementation of REDD+ Safeguards
  • Although there is no specific legal requirement for new policies, programmes, or plans (including REDD+) to be consistent with objectives of national forest programmes, it is implied within forestry PLRs and Forest Act which seek to establish the conditions for development of forests in Pakistan.
  • All REDD+ interventions and investments will need to ensure consistency with relevant PLRs, which include Forest Act, KPK Forest ordinance, the Pakistan Environmental Protection Act, and Pakistan Climate Change Act, which set out specific targets relating to the protection, conservation, management and sustainable development of Pakistan’s forests.
  • Pakistan is Party to fourteen (14) relevant international conventions and     agreements that are to be recognized and applied to contribute to the safeguards application. These include:
  • International Plant Protection Convention, Rome, 1951
  • Plant Protection Agreement for the South-East Asia and Pacific Region (as amended), Rome 1956.
  • Agreement for the Establishment of a Commission for Controlling the Desert Locust in the Eastern Region of its Distribution Area in South-West Asia (as amended), Rome, 1963.
  • Convention on Wetlands of International Importance Especially as Waterfowl Habitat, Ramsar, 1971 and its amending Protocol, Paris, 1982.
  • Convention Concerning the Protection of World Cultural and Natural Heritage (World Heritage Convention), Paris, 1972.
  • Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), Washington, 1973.
  • Convention on the Conservation of Migratory Species of Wild Animals, Bonn, 1979.
  • Convention on the Law of the Sea, Montego Bay, 1982.
  • Vienna Convention for the Protection of the Ozone Layer, Vienna, 1985.
  • Montreal Protocol on Substances that Deplete the Ozone Layer, Montreal, 1987 and amendments thereto.
  • Agreement on the Network of Aquaculture Centres in Asia and the Pacific, Bangkok, 1988.
  • Convention on the Control of Transboundary Movements of Hazardous Waste and their Disposal, Basel, 1989.
  • Convention on Biological Diversity, Rio De Janeiro, 1992.
  • United Nations Framework Convention on Climate Change, Rio De Janeiro, 1992.
Safeguard B

Transparent and effective national forest governance structures, taking into account national legislation and sovereignty;’

Pakistan Clarification of UNFCCC REDD+ Safeguard B:

“Transparency and effectiveness of forest governance structures, including the right to access to information, accountability, access to justice, gender equality and protection of land use rights/benefits are recognised, promoted and regulated in the scope of the application of the National REDD+ strategy through the relevant PLRs and customary laws and practices of the country.”

 

    Relevant PLRs to be used to ensure the implementation of REDD+ Safeguards
  • The Right of Access to Information is a qualified right under the National Constitution of Pakistan (Article 19-A) and several PLRs must be upheld and applied throughout the implementation of the proposed REDD+ actions, including the Khyber Pakhtunkhwa Right to Information Act (Section 2 (e), 2013), the Sindh Transparency & Right to Information Bill/Act (Section 2 (e), 2016), the Freedom of Information ordinance, Freedom of Information Act of 2005, The Punjab Transparency and Right to Information Act 2013, the Sindh Transparency and Right of Information Bill of 2016.
  • Under specific Acts of Parliament, all public institutions are bound to designate an officer who will have the authority to dispose of the requests of individuals pertaining to disclosure of information. Any person aggrieved of the decision of officer, he / she may approach the respective Ombudsman for redressal of his / her grievance. Pakistan Environmental Protection Agency has also mandated to provide information and guidance to the public on environment matters.
  •  Accountability is regulated by the National Accountability Ordinance of 1999. In addition, Climate Change Authority will provide annual audited accounts and performance evaluation based on the progress reports to maintain transparency and accountability (Section 13(4) of the Pakistan Climate Change Act, 2017).
  • Article 23 of the Constitution of Pakistan guarantees that every citizen shall have the right to acquire, hold and dispose of the property in any part of Pakistan, subject to the Constitution and any reasonable restrictions imposed by law in the public interest. It also provides the basis for just compensation to be awarded in the event acquisition of land/resources from them (Article 24).
  • Forestry laws in Pakistan ensure tenure and rights of local communities over state owned forests including right of way, water, firewood etc. (Section 11 of the Forest Act, 1927, and Section 23 of the KPK Forest Ordinance 2002).
  •  Benefit Sharing arrangements are stipulated broadly on the Constitution of Pakistan (Article 38) and will be followed.
  •    The Constitution recognizes Gender Equality (Article 25) and the Right of women citizens to participate in all economic activities (Article 34). This is further recognized and encouraged in specific forest PLRs at the national level (Section 99 (3) of the KPK Forest Ordinance, 2002).
  •  The Constitution of Pakistan ensures that to enjoy the protection of law and to be treated in accordance with law is the inalienable right of every citizen. For the determination of his civil rights and obligations or in any criminal charge against him a person shall be entitled to a fair trial and due process (Article 4 and 10-A of the Constitution of Pakistan, 1973). A process of appeal is also provided (According to Forest Law, 1927 any person aggrieved of an Order passed by the Forest Officer or Forest Settlement officer, he/she may file an appeal before the District Officer Revenue / Forest Court. Thereafter, if the aggrieved person is not satisfied from the order of the Forest Court then he/she may file a Revision under the law.  Section 59 of the Forest Act, 1927).
  • The Pakistan Environmental Protection Act requires an environmental impact assessment, and the approval from Federal Agency for any project (Section 12 of the Environmental Protection Act, 1997). Legislation also requires the regular environmental monitoring of all projects in respect of which it has approved an initial environmental examination or environmental impact assessment to determine whether the actual environmental impact exceeds the level predicted in the assessment and whether the conditions of the approval are being complied with (Section 19 of the Sindh Environmental Protection Act, 2014).
Safeguard C

Respect for the knowledge and rights of indigenous peoples and members of local communities, by taking into account relevant international obligations, national circumstances and laws, and noting that the United Nations General Assembly has adopted the United Nations Declaration on the Rights of Indigenous Peoples;’

Pakistan Clarification of UNFCCC REDD+ Safeguard C:

“The recognition of, and respect for the rights of native communities and tribal populations in accordance to the relevant proposed PLRs is applicable to the implementation of the National REDD+ Strategy; including the rights to non-discrimination, traditional knowledge and culture, self-determination, benefit sharing, accessibility and participation and collective tenure rights.”

   Relevant PLRs to be used to ensure the implementation of REDD+ Safeguards
  •  Article 25 of the Constitution states all citizens are equal before law and are entitled to equal protection of law, that every citizen shall have the right to enter upon any lawful profession or occupation, and to conduct any lawful trade or business (Article 18). Additionally, Article 24 of the Constitution states no person shall be deprived of his property save in accordance with law.
  • Relevant PLRs include the KPK Forest Ordinance of 2002, which was promulgated for the promotion of the economic, social and ecological well-being of local people.
Safeguard D

The full and effective participation of relevant stakeholders, in particular indigenous peoples and local communities, in the actions referred to in paragraphs 70 and 72 of this decision’

Pakistan Clarification of UNFCCC REDD+ Safeguard D:

“The right to participate, in particular for relevant native communities and vulnerable groups, is recognized, protected and promoted in a meaningful way under the National REDD+ Strategy through the relevant PLRs of the country, which include the promotion of the right to free, prior and informed consent.”

   Relevant PLRs to be used to ensure the implementation of REDD+ Safeguards
  •  Environmental Protection Act, 1997 mandates that environmental impact assessments be carried out with public participation.
  • Relevant Provincial PLRs (such as Khyber Pakhtunkhwa Ordinance, 2002) facilitate the effective participation of relevant stakeholders in the management of forests; and the participation of village communities and interested parties in the sustainable development of forests and wastelands.
  • The Provincial Government must also facilitate the participation of village communities and interested parties in the sustainable development of forests and wastelands and ensure the participation and assistance of communities in the regeneration of cut-over areas, particularly owners, right holders, users, and women.
Safeguard E

That actions are consistent with the conservation of natural forests and biological diversity, ensuring that the actions referred to in paragraph 70 of this decision are not used for the conversion of natural forests, but are instead used to incentivize the protection and conservation of natural forests and their ecosystem services, and to enhance other social and environmental benefits’

Pakistan Clarification of UNFCCC REDD+ Safeguard E: “REDD+ activities under the National REDD+ Strategy will promote the conservation and development of natural forests and biodiversity, the enhancement of provisional, regulating and environmental, recreational, cultural and socio-economic benefits, and will not result in the conversion of natural/untouched forests, in accordance with the relevant PLRs in the country.”

   Relevant PLRs to be used to ensure the implementation of REDD+ Safeguards
  • REDD+ activities will be guided by Section 34-A of the Forest Act, 1927, through which the Government shall not allow change in land use of a protected forest, except for the purposes of right of way, building of roads and development of a forest park, but the Government shall not allow construction of concrete building or permanent structure in the protected forest.
  • The Pakistan Trade Control of Wild Fauna and Flora Act of 2012, enacted to implement CITES, regulates the export, re-export and import of the species listed in the CITES Appendix. Penalties in the form of fines and/or imprisonment are indicated in the same instrument.

 

Safeguard F & G

‘Actions to address the risks of reversals and Actions to reduce displacement of emissions’ 

Pakistan Clarification of UNFCCC REDD+ Safeguards F&G:

Risks of reversals and displacement of emissions of the proposed REDD+ actions are addressed in the REDD+ Strategy through MRV and national forest monitoring system and addressed through appropriate redressal mechanisms”

 

   Relevant PLRs to be used to ensure the implementation of REDD+ Safeguards
  • Forest Act authorizes provincial governments to notify a monitoring committee, which would then monitor and evaluate afforestation plans.