Safeguard A

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

          Core elements                                  Legal basis         Narrative Clarification
  • The REDD+ strategy is      consistent with the        objectives of national forest programmes
The legal framework in Pakistan sets out clear objectives for its forest programmes under the 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. “The REDD+ Strategy is designed in compliance with the objectives of national forest programmes, and consistent to the provisions of the relevant treaties and international conventions Pakistan is Party to”
  • The REDD+ strategy is consistent with relevant and applicable international conventions and agreements
Pakistan is Party to fourteen (14) relevant international conventions and agreements. These are: 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

Core elements Legal basis Narrative Clarification
  •  Right to access information is recognized and protected in the context of the implementation of the REDD+ strategy
The Right of Access to Information is a qualified right under the National Constitution of Pakistan (Article 19-A).

 

“Transparency and effectiveness of forest governance structures, including the right to access to information, accountability,  access to justice, gender equality and the recognition and protection of land use rights are promoted and regulated in the scope of the application of the National REDD+ strategy through the relevant PLRs of the country.”
  • Accountability is guaranteed in the context of the implementation of the REDD+ strategy
National Accountability Ordinance, 1999 was promulgated to eradicate corruption and corrupt practices and hold accountable all those persons accused of such practice.

 

  • Right to access justice is recognized and protected in the context of the implementation of the REDD+ strategy
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).

 

  • Rights over forest land are recognized and protected in the context of the implementation of the REDD+ strategy
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 (Section 11 of the Forest Act, 1927, and Section 23 of the KPK Forest Ordinance 2002) in Pakistan ensure tenure and rights of local communities over state owned forests including right of way, water, firewood etc.

  • Gender equality is promoted and protected in the context of the implementation of the REDD+ strategy
Article 25 of the Constitution recognizes Gender Equality 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).

 

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

        Core elements                                       Legal basis           Narrative Clarification
  • The rights of Indigenous and Tribal Populations are promoted and protected in the context of the application of the REDD+ strategy, in consistency with relevant and applicable international conventions and treaties.

 

Pakistan ratified Indigenous and Tribal Populations Convention, 1957 in the year 1960.

KPK Forest Ordinance of 2002 was promulgated for the promotion of the economic, social and ecological wellbeing of local people.

Article 25 of the Constitution states all citizens are equal before law and are entitled to equal protection of law.

“The recognition of, and respect for the rights of Indigenous and Tribal Populations in accordance to the relevant 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 and collective tenure rights.

 

  •  Traditional knowledge is recognized and protected in the context of the application of the REDD+ strategy
Traditional knowledge has always been an aspect of customary law which is recognized under the Constitution but not defined. It is associated with intangible matter.

 

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

         Core elements  Legal basis          Narrative Clarification
  •  The right to participate in the design and implementation of the REDD+ strategy is recognized and promoted.
Environmental Protection Act of 1997 mandates that environmental impact assessments be carried out with public participation.

Provincial PLRs (such as Khyber Pakhtunkhwa Ordinance) define an “interested party” having bonafide interest in the sustainable development of the forest and natural resources.

 

“The right to participate, in particular for relevant local communities and vulnerable groups, is recognized and promoted 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 local communities, indigenous and tribal populations, and vulnerable groups have the right to participate in the application of the REDD+ Strategy
Provincial PLRs such as Khyber Pakhtunkhwa Ordinance) facilitate the effective participation of local communities 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 will make efforts to encourage women to participate in the management process.

Provincial PLRs also mandate cooperation between the Provincial Government and community-based organizations, village-based organizations, village development committees, and the like, in managing forests.

  • Right to a Free, Prior and Informed Consent is recognized and protected in accordance with the relevant legal obligations.
Pakistan is a signatory to UNDRIP

 

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

  •  The conservation of natural forests and biological diversity is recognized and protected in the context of the implementation of the REDD+ strategy
The policy objectives of the Draft National Forest Policy of 2015, however, include (1) the implementation of a national level mass afforestation programme to expand and maintain forest coverage to meet international standards, and (2) controlling deforestation through the regulation of timber and inter-provincial trade of timber.

Pakistan is a Party to the Convention on Biological Diversity.

The Draft National Forest Policy of 2015 includes among its objectives the establishment and management of protected areas and networking through ecological corridors.

“REDD+ activities under the National REDD+ Strategy will promote the conservation of natural forests and biodiversity, the enhancement of social and environmental benefits, and will not result in the conversion of natural forests, in accordance with the relevant PLRs in the country.”
  • The REDD+ strategy will not incentivise the conversion of natural forests
The Pakistan Environmental Protection Council has the mandate to provide guidelines for the protection and conservation of species, habitats, and biodiversity in general, and for the conservation of renewable and non-renewable resources. Further, the Pakistan Climate Change Authority under the Climate Change Act, 2017 also has the similar provision of law.
  • Enhancement of ecological, biological, climatic, and socio-cultural, benefits is recognized and protected in the context of the implementation of the REDD+ strategy
Pakistan has committed to promoting social and environmental benefits in the context of the REDD+ strategy

 

Safeguard F & G

 Actions to address the risks of reversals and Actions to reducedisplacement of emissions

         Core elements                              Legal basis      Narrative Clarification
  •  Addressing risks of reversals is required by the REDD+ strategy
The Forest Act 1927 as well as the Khyber Pakhtunkhwa Forest Ordinance 2002 prohibit setting of fire or abetting in setting fire in a forest or leave any fire burning in such manner as may endanger forests. “Risks of reversals and displacement of emissions of the proposed REDD+ actions are addressed through MRV and national forest monitoring system”
  • Addressing risks displacement of emissions is required by the REDD+ strategy