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Page 1: mistnet june-sept

CMYK

Page 2: mistnet june-sept

CMYK

Edited byAsad R. Rahmani, Director, BNHS

Editorial Board J. C. Daniel, Hon. Secretary, BNHS

Prashant Mahajan, Asst. Director(IBA & Education)

Compiled, Layout and Designed byGopi Naidu and Abhijit Malekar

Contributions should be sent toEditors, MISTNET, IBA-IBCNBombay Natural History Society Hornbill House, S. B. Singh Road

Mumbai-400 001, INDIATel: +91 22 22821811Fax: +91 22 22837615

Email: [email protected]

BirdLife International is a global partnershipof conservation organisations, representedin over 100 countries, working for thediversity of all life through the conservationof birds and their habitats.

BirdLife InternationalWellbrook Court, Girton Road

Cambridge CB3 0NA, UKEmail: [email protected]

Web: www.birdlife.org

This Newsletter is supported by theRSPB

Bombay Natural History Society

(For private circulation only)

Cover:White-bellied Shortwing Brachypteryx major

by Clement Francis M

Mission Statement‘Conservation of nature, primarily biologicaldiversity through action, based on research,

education and public awareness.’

BNHS is BirdLife International partner designate

Views expressed by the contributors in the MISTNET are notnecessarily those of the IBCN/BNHS.

www.rspb.org.uk

CONTENTS

INTRODUCTION ................................................................................. 4

RAISING THE IBA PROFILE .............................................................. 5

Targeting decision makers ........................................................ 5Getting IBCN members into key boards and committees 6Producing IBCN material .......................................................... 6Building a network of allies ..................................................... 6Attending key meeting in the country and abroad ........... 6

IDENTIFYING THREATS ..................................................................... 7

Prioritising IBAs ........................................................................... 7Threat Detection Mechanism .................................................. 7Attending court hearings ........................................................... 7Monitoring environment and forest clearances ................. 7Govt. and industry official notifications ............................... 8Media and newsletters .............................................................. 8

RESPONDING TO THREATS ............................................................. 9

Influencing policy ....................................................................... 9Site visits ....................................................................................... 9Influencing decision makers .................................................... 9Interventions ................................................................................ 9Threat analysis .............................................................................. 9

PROTECTING BIRD HABITATS ........................................................ 10

EMPOWERING STAKEHOLDERS .................................................... 10

Advocacy inputs during IBCN workshops ........................... 10Advocacy specific workshops for key IBCN partners ....... 10

LAWS AND POLICIES RELEVANT FORIBAs by Kalpavriksh, Pune/Delhi .................................................... 11-14

IBA ADVOCACY STRATEGYAND ACTION PLAN

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MISTNET Vol. 9 No. 3 Jul-Sep 2008

E D I T O R I A L

3

Advocacy: An Effective Tool of Conservation

Dialogue and debate with your opponent is an integral part ofa democracy and a civilized society. The art of advocacy is

to win your opponent to your side through discussions, facts andcorrect information. The political equivalent of advocacy is theterm ‘lobbying’ (particularly used in USA), and the bureaucraticequivalent of advocacy is the term ‘diplomacy’. Diplomacy mayinvolve other nuances, but advocacy involves some diplomacy. InIndia we generally do not use the term lobbying as it has negativeconnotation, perhaps with its association with the ‘great’ UncleSam. The term lobbying is also associated with cut-throat multi-national companies, looking for hefty profits, by hook or crook.It also involves sleaze and corruption, so in the noble and gentleworld of conservation, let us not use the term ‘lobbying’. Let usstick to the term advocacy.

Conservation basically means maintaining status quo ofthe land and ecosystems, where different species can thrive asnaturally as they have been doing for thousands or millions ofyears. Sometimes it also means bringing back status quo (habitatrestoration). Whether we accept it or not, it means that weconservationists are all the time fighting against the tide of rapiddevelopment. We are, therefore, against a dam coming up in aforest, a canal going through a grassland, an establishment of aarmy unit in an ecologically sensitive alpine meadow, a factorypolluting a river or a government babu allowing a drug/chemicalwithout looking at its side effects. Our first job is to convince thegovernment/people that we are not against development. Oursecond job is to convince the dam builder that maintaining theforest is much more useful for people, wildlife and ecologicalsecurity of the country than building an ill-conceived dam. Thehardest part of advocacy is to find alternative solutions to people’sneeds. Opposing a dam or a road is one thing, finding an alternativeto it is a great challenge. Admittedly, conservationists may nothave an alternative solution but we can sit with the dam proponentsand find a solution which is less damaging to environment.

We conservationists are very passionate people. Perhapsthat is the reason why we are conservationists! But, passionalone will not save wildlife. We have to act decisively and correctly,with loads of information and convincing arguments. If we do notspeak for wildlife, who will? But, most of the time we talk to eachother - convincing the convinced is not going to save environment.We have to talk with those decision makers whose activities areimpacting the environment, directly or indirectly, knowingly orunknowingly. Giving lecture on wildlife in a school is veryenergizing, but did it help in stop poaching or pollution of a river?Sometimes it is much more effective to bring a village pradhan toyour side – he can help in stop poaching by his community.Similarly, meeting the top administrator of the district could helpin stop pollution.

Sending desperate emails to e-groups about an encroachmentin a wetland is considered as great conservation achievement bysome arm-chair conservationists, but are these email exchangesread by the encroachers or the government babus who have alloweddestruction of a wetland in the first place? In such cases, meetingthe locals and officials and convincing them that the wetland orgrassland is useful for people and for biodiversity, informing them

about the environmental laws, showing them the connectionbetween nature and human welfare, and taking help of media, willbe much more effective than exchanging inane emails.

Decision making process is very long in government, butsometimes reversal of the decision is much longer and tedious. Weconservationists come to the stage when a decision has alreadybeing made, lot of money has changed (or likely to change) hands,political shenanigans have taken place, locals have either beenbought over or forced into silence. Can something be done at thisstage to stop destructive development or make it less destructive?Difficult, but perhaps not impossible if we have the correctinformation. Here, the role of advocacy comes into play.

Advocacy also involves following the right course of action,at the right time, through the right person(s). Talking to the wrongperson is not going to make a difference. For example, if decisionto do plantation in a natural grassland is taken by the Conservatorof Forests (CF), talking to a Division Forest Officer or the Rangeris not going to make a difference. They have been given a target bytheir boss, which they have to follow. They will not be convincedthat a particular grassland is important for Lesser Florican – forthem achieving the target is what matters, not the display groundof a male Florican. In such cases, discussion with CF could saveflorican habitat.

Sometimes we can get involved during the preparation of aWorking Plan, so we could prevent plantation in a grassland.Similarly, decisions to establish a sanctuary or expand an existingone, is taken by the State Wildlife Board. First and foremost, wehave to convince the local people about the value of establishinga protected area, and/or initiating community-based conservation.In such cases, advocacy starts at a village level. Once the localsare supportive, then through the Board members, we have tobring our issue in the Board meeting agenda, and get a positiveresolution passed. Once this is done, things may become easy. Ifthe Forest Minister, who generally chairs State Wildlife Boardmeetings, is convinced that local people are supportive of asanctuary or a certain conservation action, he will see that it isdone. But what is generally happening at present is that duringseminars or conferences, papers are read, resolutions are passedbased on scientific research, and then forgotten. Not manyscientists/conservationists take research findings to the logicalend. Here, the role of advocacy starts.

In this special issue of Mistnet, we have given somedirections how to do advocacy for effective conservation actions.I hope partners of IBCN, particularly the state coordinators, willfind it useful. We also want to learn through your experience soshare it with us in the pages of Mistnet.

We must always keep in mind that in a democracy and thisfast-changing world, we have to work with people and withgovernment, and we have to get our facts right. Good data andinnovative alternate solutions can change even skeptics. One ofthe pillars of good advocacy is science – emotions convince veryfew people and bore most of them.

Asad R. Rahmani

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MISTNET Vol. 9 No. 3 Jul-Sep 20084

M O N I T O R I N G A N D I N T E R V E N T I O N

Introduction

There are 466 Important Bird Areas (IBAs) in India. These encompass the best habitatsfor not just birds, but other wildlife as well. IBAs are also important to people. Manycommunities depend on these IBAs to meet subsistence needs on a daily basis. Fuelwood, small timber, minor forest produce, grazing, fishing and water requirements ofcommunities are met through these key biodiversity areas. Many IBAs are alsocommercially valuable. They may contain valuable natural resources like minerals andfossil fuels, or they might have the potential to generate hydroelectric power. With therapid spread of urbanisation, IBAs (especially those in the vicinity of urban areas)have acquired high commercial worth in terms of land value alone. The tremendouspressure on bird habitats, from rapid economic development and population growth,presents the greatest challenge to bird conservation in India.India has one of the most comprehensive wildlife legislation and well developedProtected Area Network (PAN). However, there is a need to ensure that wildlife lawsare enforced and the enforcement agencies have the necessary capacity. Theestablishment of the Wildlife Crime Control Bureau and the active interventions ofCentral Empowered Committee of the Supreme Court are two welcome developmentsin this direction. However, there is a disturbing trend towards diluting existinglegislation in the face of pressure from development. Weak legislation, compoundedby ineffective enforcement, can have disastrous consequences for India’s bird diversity.Thus, there is a need to influence policy and to ensure that conservation of wildlifehabitats gets the priority it deserves. To influence policy, information based on soundscientific principles through diligent field and desk based research is indispensable.In addition to this, it is equally important to ensure that this information is available tokey decision makers at the right time. The IBA Advocacy Strategy aims to bridge thegap between research and policy and facilitate informed decision making. In order to accomplish this, the IBA Advocacy Strategy aims to follow a four-prongedapproach. First, the emphasis will initially be on raising the profile of the IBA programmein India. Targets will be briefed on the IBA concept and distribution of IBAs in thecountry. The aim is to get IBAs recognised as sites of vital importance for conservationof Indian birds and adopted within the existing management framework. Second, thestrategy would attempt to incorporate appropriate ‘unprotected’ IBAs into the PAN.This would offer a higher level of legal and site level protection where required. Third,responding to threats to IBAs will also form a part of the strategy. This could involveproviding timely information, participating in consultations and appealing againstunfavourable decisions concerning IBAs. It would involve identification of potentialthreats, regular monitoring and excellent communication within the Indian BirdConservation Network (IBCN). Fourth, the capacity of the IBCN for advocacy workwill be strengthened. This is crucial to achieving advocacy objectives, especially atthe State and local levels in a country with 466 IBAs. This in turn, would result in IBAsbeing incorporated into the environment decision making process at all levels.

IBA ADVOCACY STRATEGYAND ACTION PLAN

Anand C. SekarAdvocacy officer,IBA-IBCNEmail: [email protected]

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5MISTNET Vol. 9 No. 3 Jul-Sep 2008

RAISING THE IBA PROFILE

Targeting decision makersAny advocacy strategy involves identifying priorities

and utilising resources effectively. Although it would beideal to reach as wide an audience as possible, it is often farmore feasible and effective to target key decision makers.These key individuals and groups, in various capacities,have the authority and ability to make decisions that wouldaffect the status of IBAs. These key people can be classifiedinto the following categories;

a) Ministers holding relevant portfolios at the Centraland State levelsAs elected representatives of the people, politiciansare authorised to make decisions relating to environmentand wildlife. Thus, there is a need to engage withpoliticians and assist them in making informed andbalanced decisions.

Key targets• Ministry of Environment and Forests (MoEF)• Ministry of Agriculture• Ministry of Commerce and Industry• Ministry of Mines and Minerals• Ministry of Power• Ministry of Tribal Affairs

b) Officials of the Forest DepartmentThe Forest Department is responsible for themanagement of the Protected Area Network (PAN) andother forest categories in the country. They also enforceforest and wildlife laws and are consulted on all forestrelated issues. With the right inputs and support, theycan be valuable allies in safeguarding the 267 IBAswithin the PAN.

Key targets• Director of Wildlife Preservation• Inspector General of Forests• Forest Secretaries• Principle Chief Conservators of Forests (All states)• Chief Wildlife Wardens• District Forest Officers in relevant IBAs

c) Bureaucrats on relevant boards and committeesThey are members of the Civil Service, who haveexperience in areas relevant to forests and wildlife.These areas can range from tourism to hydro-electric projects. They are seldom stakeholders andare thus relatively independent and open toinformation.

Key Targets• Expert Committees for EIA clearances• Regional Officers of the MoEF (Does actual EIA site

visits)• Forest Advisory Committee (FAC)

d) Scientists and academics on important boards andcommitteesThey serve as expert consultants to the Governmentproviding technical inputs when required. As membersof various boards and committees, they also influenceoutcomes on forest related issues.

Key targets• National Biodiversity Authority• National and State Wildlife Boards• Expert Committees for environmental and forest

clearances

e) Judiciary and judicial bodiesThe judiciary has taken an active interest in forestrelated issues over the past decade. The speciallyconstituted Central Empowered Committee to regulate

Publications popularise IBAs and encourage a widerownership of the IBA programme

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MONITORING IMPORTANT BIRD AREAS

MISTNET Vol. 9 No. 3 Jul-Sep 20086

M O N I T O R I N G A N D I N T E R V E N T I O N

transfer of forest land is a testimony to this. It isessential that the judiciary takes IBAs intoconsideration in all rulings related to wildlife andenvironment.

Key targets• Central Empowered Committee (CEC)

• National Environment Appellate Authority(NEAA)

Getting IBCN members into key boards andcommittees

Several boards and committees have been constitutedby the Government to facilitate decision making on forestand wildlife issues. Besides representatives from theGovernment, these boards also comprise of ‘non-official’members. These members are nominated on the basis oftheir knowledge, interest and experience in relevant areas.The IBA advocacy strategy aims to push for the inclusionof IBCN partners (particularly State coordinators), as ‘non-official’ members into these bodies at the Central, State andlocal levels. This would ensure a proactive approach toIBA conservation by incorporating them into the decisionmaking process.

Key targets• National and State Wildlife Boards• Advisory Committees of National Parks, Wildlife

Sanctuaries and Conservation reserves• National Biodiversity Authority and State Biodiversity

Boards• Expert Committees for wildlife taxa• Honorary Wildlife Wardens

Building a network of alliesBuilding a network of allies outside the IBCN

is an important part of the advocacy strategy.Besides adding credibility to campaigns, they helppresent a united front on specific issues. Somepartner NGOs have greater expertise andexperience in conservation advocacy (e.g.,Kalpavriksh), and can therefore contributesignificantly to the IBCN’s own strategic direction.There is a need to look at building alliancesbeyond the ‘green ghetto’ of environmentalorganisations. Strategic partnerships with otherdiverse groups such as corporates, smallbusinesses, development and social NGOs, armedforces, etc. can be very productive. These‘unusual’ partnerships provide a more holisticand consensual front, as they represent a widerrange of stakeholders. Working closely with

allies also helps avoid ‘reinventing the wheel’. The presenceof allies working on a specific issue enables the IBCN tofocus its limited resources on other important but overlookedareas. The IBCN can also benefit from radical conservationapproaches of partners that it may not subscribe to itself(such as legal action).

Producing IBCN materialThe IBA advocacy strategy will involve working closely

with the IBA secretariat and IBCN to bring out relevantpromotional material to raise the IBA profile in the country.The material would clearly elucidate the IBA concept andbe targeted at a wide range of stakeholders from diversebackgrounds. An ‘information pack’ that would contain asummary of the IBA work in India will be brought out, tohelp targets make informed decisions. Taking intoconsideration the size of the country and the decentralizedapproach of the IBCN, state specific IBA pamphlets willalso be published. These pamphlets will explain theIBCN partnership and contain a list of state-specificIBAs and threatened avifauna. The pamphlets will betargeted at NGOs, State Forest Departments, StateAdministration, IBCN partners and Site Support Groups.Besides providing information on IBAs, the IBApublications will also serve as a tool to increase the IBCNmembership.

Attending key meetings in the country and abroadThe advocacy officer will attend key meetings

to promote IBA conservation. The aim is to constructivelycontribute, by providing necessary inputs in areasof expertise. These meetings could also serve tobuild a network of useful contacts of resourcespersons to further the goals of the IBA programme in India.

Participating and contributing to the environment decision making processensures enduring solutions (pic taken during the IBCN Corbett Workshop)

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M O N I T O R I N G A N D I N T E R V E N T I O N

IDENTIFYING THREATSPrioritising IBAs

While all IBAs are important for maintaining the integrityof bird habitat networks, there is a need to prioritise IBAsfor conservation action. This would help address immediatethreats and also ensure effective use of limited resources.The process will take into account conservationimportance, protection status, threat levels and urgency toprioritise IBAs for advocacy action. The ‘Early ThreatDetection Protocol’ (see Fig 1) shall play a vital role inthis.

Some priority categories• IBAs outside the PAN• IBAs threatened by development projects• IBAs hosting critically endangered species

Early Threat Detection ProtocolTiming of interventions is crucial for the success of any

advocacy strategy. Access to information and space forparticipating in environmental decision making is limitedand subject to a strict time frame. Failure to intervene at theright stage may result in a petition being rejected ontechnical grounds, or allow a threat to escalate beyond

recovery. It is therefore imperative to have a protocol inplace to identify threats as early as possible, which wouldthen set in motion subsequent advocacy actions. Thisprotocol demands vigilant Site Support Groups and IBCNpartners, prompt communication of information and timelyintervention by IBCN and/or IBA Secretariat.

Attending court hearingsThere are several stakeholders in Indian forests and

wildlife and they often have overlapping concerns andinterests. Many of these stakeholders utilise litigation as atool to achieve their objectives. Court hearings can thusserve as a valuable source of information on threats toIBAs. They also help keep up to date with landmark casespertaining to the environment

Monitoring environment and forest clearancesThe Ministry of Environment and Forests (MoEF) is

required to publish all forest and environment clearancesgranted on its website (www.envifor.nic.in). Monitoring thewebsite will ensure that the IBCN is abreast with latestdevelopments regarding clearances and can takeappropriate action.

Illegal and unsustainable projects can irreversibly damage pristine bird habitat

Pic:

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8 MISTNET Vol. 9 No. 3 Jul-Sep 2008

Govt. and industry official notificationsThe IBCN must keep track of important notifica-

tions from the government and industry, such as notificationof Protected Areas, public hearings for develop-mental projects, EIA reports, etc. This information isvital for timely intervention and failure to follownotification protocol can be used in appeals againstclearances.

Media and newslettersThe media, with its wide network and resources, has

access to valuable information on environmental issuesbefore they are officially made available to the publicdomain. This could provide valuable time to planintervention actions. In addition it is also the medium forofficial communications such as public hearings andenvironment clearance notifications.

The media is an important advocacy tool for protecting threatened IBAs

Fig 1: Early Threat Detection Protocol

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9MISTNET Vol. 9 No. 3 Jul-Sep 2008

RESPONDING TO THREATS

Threat analysis checklist

a) Legal status: Is the activity legal? What are the legal measures to prevent it? Who is the responsible authority?

b) Permits: Does the activity require permission? What are the conditions for giving permission? Does the activitysatisfy these conditions?

c) Funding: Who is funding the activity? Is the activity in line with the sponsor’s environment policy?

d) Sustainability: Is the activity sustainable? If not, how long will it last? What are the long term impacts? Are thereprovisions for rehabilitation and restoration?

e) Alternatives: Are there any alternative solutions? Are they as feasible?

Source: The European IBA Best Practice Guide

Influencing policyInfluencing policy is an important part of the IBA

advocacy strategy. Though an arduous and protractedprocess, it is a worthwhile objective in the long-term. Ithelps provide enduring solutions and minimises ‘fire-fighting’ on a case by case basis. Policy issues must bechosen carefully as they involve a substantialexpenditure of time and effort in order to make an impact.Areas where the IBCN has the necessary expertise andwhich are overlooked by other organisations, are idealpolicy targets. Also of priority are issues that set aprecedent or which repeatedly act as a barrier toachieving IBCN’s objectives. The IBCN must also utilizerelevant conventions (Ramsar, CBD, CMS, etc.) toinfluence policy at the national, regional and global level.Monitoring the trends within conventions could placethe IBCN in a strategic position and help meet itsobjectives. By providing inputs to policy makers, theIBCN can become a bigger stakeholder in the overallenvironmental decision making process.

Site visitsThe advocacy strategy may involve visiting the

affected IBAs to gain first hand knowledge of threats.This could help verify the nature and extent of threatand devise a more effective advocacy action plan. Sitevisits for advocacy targets could also be used as a ‘soft

lobbying’ tool for achieving IBCN’s objectives. Wellmanaged site visits could help the target gain a firsthand understanding of relevant issues and develop aconnection with the IBA.

Influencing decision makersInfluencing decision makers forms a key component

of the advocacy strategy. This could include providinginformation, building a rapport with key people andeven appealing against decisions. The aim is to ensurethat IBAs are incorporated into the decision makingprocess.

InterventionsThe advocacy strategy will utilise all available

platforms to participate in the environmental decisionmaking process. This could include encouraging IBCNpartners to attend public hearings, access relevantinformation and appeal against forest clearances throughofficial channels.

Threat analysisAn in-depth analysis of threats is necessary to

determine intervention strategies. Inconsistencies inproposals, failure to follow protocol, deviation fromagreed terms, misinformation, etc. can be used to thwartimpending threats.

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MISTNET Vol. 9 No. 3 Jul-Sep 200810

PROTECTINGBIRD HABITATS

Of the 466 IBAs in India, 267 (57%)fall within the Protected Area Network(PAN). They encompass 191 WildlifeSanctuaries, 52 National Parks, 23 TigerReserves and two ConservationReserves. However, the IBAs within thePAN are not immune threats. Illequipped and understaffed PAmanagement, lack of clear boundarydemarcation, resource use conflicts withforest dependent communities,poaching and unsustainabledevelopment, affect most of these IBAs.Nevertheless, the Government isformally committed to safeguard thesesites. Thus, these IBAs are legallyprotected and there are officialmechanisms in place for responding tothreats to such IBAs.

The IBA advocacy strategy aims tolobby for the inclusion of appropriateIBAs lacking formal protection into thePAN. In addition to conventional PAcategories such as Wildlife Sanctuariesand National Parks, the Government hasintroduced new categories for a moreholistic approach to conservation.These include Conservation reserves,Community reserves (both under theWildlife Protection Act 1972),Biodiversity Heritage Sites (under the

Biodiversity Act 2002) and EcologicallySensitive Areas (under the EnvironmentProtection Act 1986). These newcategories are less rigid, allow space forcommunity participation and are easierto declare than conventional PAs. Theyaddress different concerns and offervarying degrees of protection and thusprovide location specific options thatwere not available earlier. However,formal protection will not be sought insites where community conservationinstitutions already exist. Thealternative is to build the capacity ofthese local community conservationinstitutions and promote communitystewardship.

Advocacy inputs during IBCN workshopsAdvocacy related presentations will be prepared for IBCNworkshops. They will aim to impress upon IBCN partnersthe need for advocacy as a tool to achieve conservationobjectives. Essential topics such as access toinformation, participating in environmental decisionmaking and avenues for appeals will be covered. The‘Early Threat Detection Protocol’ will also be explainedto all participants.

Advocacy specific workshops for key IBCN partnersThese workshops will be aimed at developing specificadvocacy strategies for IBAs facing threats. They willdeal with specific issues and will be targeted atstakeholders responsible for affected IBAs.

EMPOWERING STAKEHOLDERS

Concerns about IBAs must bedisseminated as widely as possible

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An understanding of environment laws for intervention ensuresmore effective advocacy action

Members of Srushtidnyan, partners of IBCN involving the Mayor of Mumbai in IBAconservation

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able

onl

y fo

r:on

priv

atel

y ow

ned

or c

omm

unity

com

mun

ity la

nds

IBAs

exi

st o

n go

vern

men

t1.

CC

As o

n pr

ivat

e an

dla

nds

(the

defin

ition

of w

hich

isla

nds

com

mun

ity la

nds

only

not c

lear

)2.

Can

not b

e de

clar

ed in

exi

stin

g2.

Non

-CC

AsPA

s3.

Non

-Con

serv

atio

n3.

Uni

form

man

agm

ent in

stitu

tion,

Res

erve

unde

rmin

ing

exis

ting

inst

itutio

nal

Not

app

licab

le fo

r:di

vers

ity a

lso

pote

ntia

l con

flict

s1.

Gov

ernm

ent la

nds

with

the

panc

haya

t.2.

Non

CC

As4.

Stat

e go

vern

men

t dec

lare

s,w

ithou

t spe

cify

ing

cons

ent

of th

e lo

cal p

eopl

e.

Law

s an

d po

licie

s re

leva

nt fo

r IB

As

Kal

pavr

iksh

, Pun

e/D

elhi

Page 12: mistnet june-sept

CMYK

Act

Prov

isio

n/s

Stre

ngth

sW

eakn

esse

sA

pplic

able

for/E

xam

ples

Con

serv

atio

n R

eser

ves

For t

he fi

rst t

ime

prov

ides

a s

pace

1.U

nifo

rm m

anag

emen

t com

mitt

eeAp

plic

able

for:

Con

serv

atio

n R

eser

ves

can

befo

r con

sulta

tion

with

loca

l peo

ple

2.D

oes

not r

ecog

nise

exi

stin

g1.

On

any

gove

rnm

ent

decl

ared

by

the

gove

rnm

ent o

nbe

fore

dec

lara

tion

and

seek

s th

eir

syst

em.

land

gove

rnm

ent o

wne

d la

nds

inin

puts

in th

e m

anag

emen

t of t

he3.

MC

onl

y ad

viso

ry fo

r the

CW

W2.

CC

As (b

ut m

ay n

otco

nsul

tatio

n w

ith th

e lo

cal p

eopl

e.re

serv

ebe

sui

tabl

e)3.

Non

-PAs

May

be

best

in s

ituat

ion

whe

reco

mm

unity

act

ion

has n

ot ye

t beg

unbu

t is

need

ed.

Envi

ronm

enta

l Pro

tect

ion

Act

,Ec

olog

ical

ly S

ensi

tive

Area

s (E

SA).

Pote

ntia

lly s

trong

tool

to fi

ght

1.C

omm

unitie

s kno

w lit

tle a

bout

Appl

icab

le fo

r:19

86 (

EPA

1986

)C

ontro

l or r

estri

ctio

n on

cer

tain

agai

nst c

omm

erci

al a

nd in

dust

rial

this

Act

and

how

it c

an b

e us

ed2.

Ecos

yste

m a

nd la

ndsc

apes

,id

entif

ied

com

mer

cial

, indu

stria

l and

pres

sure

s.pa

rticu

larly

if th

reat

ened

by

deve

lopm

ent a

ctiv

ities.

indu

stria

l and

com

mer

cial

deve

lopm

ent.

3.In

clud

es C

CAs

, PAs

, and

othe

rs.

Panc

haya

ti R

aj (E

xten

tion

toD

ecen

tralis

atio

n of

gov

ernn

ance

toSt

rong

pot

entia

l to:

1.In

mos

t sta

tes

whe

reAp

plic

able

for:

Sche

dule

d A

reas

) Act

199

6ru

ral b

odie

s, lik

e pa

ncha

yats

(villa

ge1.

Inte

grat

e an

d en

hanc

eim

plem

ente

d, its

pro

visi

ons

have

1.M

ostly

sch

edul

ed a

reas

(PES

A 1

996)

coun

cils

) and

gra

m s

abha

s (v

illage

cons

erva

tion

and

livel

ihoo

dsbe

en d

ilute

d in

the

stat

e2.

Non

PAs

(in

som

e st

ates

)as

sem

blie

s) in

pre

dom

inan

tly2.

Hel

p co

mm

unitie

s to

resi

stad

apta

tions

of t

he C

entra

l Act

.3.

Doe

s no

t pro

vide

for

triba

l are

as.

dest

ruct

ive

forc

es.

2.G

over

nmen

t for

ests

and

decl

arat

ion

of a

site

PAs

have

bee

n ex

clud

ed b

ypr

otec

ted

only

cre

ates

Ow

ners

hip

and

deci

sion

-mak

ing

man

y st

ates

optio

ns fo

r gen

erat

ing

right

s ov

er N

TFP

to lo

cal in

stitu

tions

.liv

elih

oods

... a

t lea

st in

spiri

t. (im

plem

enta

tion

not

Con

sulta

tion

with

LC

s re

gard

ing

know

n)de

velo

pmen

tal a

nd o

ther

issu

esre

leva

nt fo

r a s

ite.

Bio

logi

cal D

iver

sity

Act

, 200

2BM

C a

t the

villa

ge le

vel f

or1.

Loca

l par

ticip

atio

n in

bio

dive

rsity

1.Th

e BD

Rul

es 2

004

fail t

oAp

plic

able

for:

(BD

A 2

002)

man

agem

ent,

prot

ectio

n an

dco

nser

vatio

n an

d liv

elih

oods

empo

wer

BM

Cs

to m

anag

e,1.

In a

ll eco

syst

ems.

reco

rdin

g of

loca

l bio

logi

cal d

iver

sity

.en

hanc

emen

t.us

e an

d co

nser

ve n

atur

al2.

Gov

ernm

ent o

r priv

ate

land

s.ec

osys

tem

s.3.

Appl

icab

le fo

r Pas

, mec

hani

sm2.

BMC

s prim

ary f

unct

ion

limite

dno

t kno

wn.

Con

serv

atio

n of

agr

icul

tura

l and

wild

life

2.BH

S co

uld

be u

sed

to p

rovi

deto

reco

rdin

g lo

cal k

now

ledg

e,4.

CC

As m

ay o

r may

not

cho

sebi

odiv

ersi

ty a

s Bi

odiv

ersi

ty H

erita

gele

gal p

rote

ctio

n to

land

scap

esan

d to

hel

p th

e st

ate

and

natio

nal

this

.Si

tes (

BHS)

cont

aini

ng a

gric

ultu

ral a

nd w

ildle

vel b

oard

s to

gra

nt p

erm

issi

onbi

odiv

ersi

ty.

for t

he u

se o

f bio

logi

cal

reso

urce

s an

d kn

owle

dge

asso

ciat

ed w

ith it

, in

thei

r are

as.

Law

s an

d po

licie

s re

leva

nt fo

r IB

As

Kal

pavr

iksh

, Pun

e/D

elhi

MISTNET Vol. 9 No. 3 Jul-Sep 200812

Page 13: mistnet june-sept

CMYK

13MISTNET Vol. 9 No. 3 Jul-Sep 2008

Law

s an

d po

licie

s re

leva

nt fo

r IB

As

Kal

pavr

iksh

, Pun

e/D

elhi

The

Nat

iona

l Bio

dive

rsity

Aut

horit

y an

d3.

BMC

s co

uld

be s

trong

loca

l(K

arna

taka

and

Sik

kim

hav

e go

neth

e St

ate

Biod

iver

sity

Boa

rds

requ

ired

toin

stitu

tions

for c

onse

rvat

ion.

beyo

nd th

e na

tiona

l rul

es, a

ndco

nsul

t the

loca

l BM

Cs

whi

le d

ecid

ing

Con

stitu

ted

in s

ome

stat

es d

etai

ls n

otpr

ovid

ed fo

r gre

ater

em

pow

erm

ent

use

of b

iolo

gica

l res

ourc

es a

ndkn

own.

and

resp

onsi

biliti

es to

com

mun

ities

know

ledg

e as

soci

ated

with

suc

hfo

r con

serv

atio

n an

d m

anag

emen

tre

sour

ces.

of b

iodi

vers

ity).

Cre

atio

n of

Loc

al B

iodi

vers

ity F

und

The

rule

s fo

r BH

SD h

ave

not y

etbe

en fo

rmul

ated

so

rem

ains

unim

plem

ente

d.

Sche

dule

d Tr

ibes

and

Oth

erEs

tabl

ishm

ent o

f loca

l peo

ple’

s rig

hts.

1.R

ight

s to

be

esta

blis

hed,

pos

sibl

y1.

Lack

of c

larit

y on

how

the

CF

Appl

icab

le fo

r:Tr

aditi

onal

For

est-D

wel

lers

Empo

wer

s LC

s to

dec

lare

fore

st th

atre

duci

ng c

onfli

cts.

prov

isio

n w

ill be

ope

ratio

nalis

ed.

1.Al

l gov

ernm

ent f

ores

t lan

ds,

(Rec

ogni

tion

of F

ores

t Rig

ht) A

ctth

ey h

ave

been

con

serv

ing

and

2.R

ight

to p

rote

ct a

ny fo

rest

as

2.Po

ssib

ilitie

s of

mis

use

by v

este

din

clud

ing

PAs (

mec

hani

sm20

06 (F

RA

200

6)pr

otec

ting

as C

omm

unity

For

ests

.co

mm

unity

fore

st re

sour

ce.

inte

rest

s th

roug

h fre

shun

clea

r).3.

Che

ckin

g pr

oces

ses

dest

ruct

ive

ofen

croa

chm

ents

.2.

CC

AsPr

ovid

es fo

r CW

H, i

n co

nsul

tatio

n w

ithfo

rest

-dw

elle

rs’ h

abita

ts, a

nd3.

Cer

tain

dev

elop

men

t pro

ject

s3.

Cou

ld b

e ex

plor

ed fo

rth

e LC

for s

peci

es th

at m

ay re

quire

prot

ectin

g tra

ditio

nal k

now

ledg

e.an

d ac

tiviti

es (e

g. c

onst

ruct

ion

unpr

otec

ted

fore

st a

reas

, if

min

imal

to n

o hu

man

use

and

pre

senc

e.4.

Allo

ws

for g

reat

er liv

elih

ood

of ro

ads)

for t

he p

urpo

se o

fag

reed

upo

n by

LC

s.se

curit

y.vi

llage

dev

elop

men

t hav

e be

en5.

Man

date

s th

at a

ny d

ispl

acem

ent

excl

uded

from

cle

aran

ces

unde

ran

d re

loca

tion

can

only

hap

pen

the

FCA.

cons

ent.

4.U

ncle

ar re

latio

nshi

p w

ith e

xist

ing

6.Pr

ovid

es g

reat

er p

ossi

bilit

y of

fore

st/w

ildlif

e la

ws.

com

mun

ity in

volv

emen

t in P

As.

Wild

life

Prot

ectio

n A

men

dmen

tTh

is s

ets

up a

Nat

iona

l Tig

er1.

Rig

hts

to liv

elih

oods

are

to b

e1.

Pote

ntia

l for

gre

ater

forc

edAp

plic

able

for:

Act

200

6 (W

LPA

2006

)C

onse

rvat

ion

Auth

ority

, and

pro

vide

sta

ken

care

of.

relo

catio

n in

pra

ctic

e cr

eatin

gTi

ger h

abita

ts o

nly.

a pr

oces

s fo

r not

ifyin

g tig

er re

serv

es2.

Tige

r Fou

ndat

ion

- a p

ossi

ble

mor

e co

nclic

ts.

whi

ch c

ould

incl

ude

Crit

ical

Tig

ersp

ace

for i

nvol

ving

peo

ple.

Hab

itats

.

Stat

e A

cts

Som

e st

ate

leve

l Act

s E.

g. th

eM

anda

tes

Villa

ge C

ounc

ils (t

he lo

cal

1.D

ozen

s of

CC

As a

r bei

ngD

epen

ding

on

wha

t the

loca

l Act

sVi

llage

Cou

ncil

Act

of N

agal

and

gove

rnan

ce b

ody)

to m

anag

e w

ildlif

ees

tabl

ishe

d an

d pr

otec

ted

insa

y.w

ithin

thei

r jur

isdi

ctio

n.N

agal

and.

2.It

prov

ides

them

with

a s

trong

lega

l too

l for

figh

ting

agai

nst

com

mer

cial

and

indu

stria

lpr

essu

res.

Act

Prov

isio

n/s

Stre

ngth

sW

eakn

esse

sA

pplic

able

for/E

xam

ples

Page 14: mistnet june-sept

CMYK

Polic

ies

and

Act

ion

Plan

Prov

isio

nsSt

reng

ths

Wea

knes

ses

Nat

iona

l Wld

life

Act

ion

Plan

,D

eals

with

pol

icy

impe

rativ

es a

nd s

trate

gic

actio

ns to

:Th

e pl

an e

nvis

ages

the

invo

lvem

ent o

f loc

alTh

e N

WAP

doe

s no

t go

the

full d

ista

nce

in20

02-2

016

1.C

onse

rve

wild

life

in a

nd o

utsi

de P

As.

com

mun

ities

resi

ding

in a

nd a

roun

d PA

s in

the

esta

blis

hing

tenu

rial s

ecur

ity a

nd a

sha

re in

2.To

pre

vent

illeg

al tr

ade

on e

ndan

gere

d sp

ecie

s.m

anag

emen

t of n

atur

al re

sour

ces.

deci

sion

-mak

ing

of P

As fo

r loc

al c

omm

uniti

es.

3.To

ens

ure

peop

le’s

par

ticip

atio

n in

the

cons

erva

tion

wild

life.

Thei

r par

ticip

atio

n is

reco

gniz

ed a

s an

effe

ctiv

eIm

plem

enta

tion

is s

erio

usly

lagg

ing,

des

pite

tool

for t

he m

anag

emen

t of P

As.

havi

ng id

entif

ied

spec

ific

timel

ines

.4.

To p

rom

ote

ecot

ouris

m in

PAs

, am

ong

othe

rs.

Acco

rdin

g to

this

pla

n, lo

cal c

omm

uniti

es m

ust

The

lega

l env

ironm

ent n

eede

d to

impl

emen

t the

parti

cipa

te in

and

ben

efit

from

eco

tour

ism

NW

AP is

als

o no

t in

plac

e as

the

Wild

life

deve

lopm

ents

in w

ildlif

e ar

eas.

Prot

ectio

n Ac

t doe

s no

t env

isag

e pa

rtici

patio

nAc

t doe

s no

t env

isag

e pa

rtici

patio

n of

peo

ple

Com

mun

ity in

itiat

ives

in c

onse

rvat

ion

are

also

in e

stab

lishm

ent a

nd cr

eatio

n of

PAs

(as m

entio

ned

to b

e su

ppor

ted.

abov

e).

For m

ore

deta

ils c

onta

ct: N

eem

a Pa

thak

Bro

ome

at n

eem

a.pb

@gm

ail.c

om o

r at K

alpa

vrik

sh, A

pt. N

o. 5

, 908

Dec

can

Gym

khan

a, S

hri D

utta

Kru

pa, P

une,

Mah

aras

htra

, Ind

ia. P

h: 0

20-2

5675

450.

Law

s an

d po

licie

s re

leva

nt fo

r IB

As

Kal

pavr

iksh

, Pun

e/D

elhi

MISTNET Vol. 9 No. 3 Jul-Sep 200814

Page 15: mistnet june-sept

CMYK

IBCN ORGANISATIONAL PARTNERS

Aaranyak, Assam

Birdwatcher’sSociety of Andhra Pradesh

Institute of Bird Studies& Natural History,Andhra Pradesh Andhra Pradesh

Nallamalai Foundation,Andhra Pradesh BIOMIX

Assam

Green Guard, AssamAssam Assam Assam

Pole Star AcademyAssam

Mandar Nature Club,Bihar Chhattisgarh Wildlife Society,

Chhattisgarh

GEER FoundationGujarat GujaratWildlife Protection Society

of India, New Delhi Bird Conservation Societyof Surat, Gujarat

Delhi International Societyof Naturalists,

Gujarat

DelhiDelhi, M.P.

Chhattisgarh andAssam

Haryana

Ashoka Trustfor Researchin Ecology & theEnvironment,Karnataka

HaryanaNature Conservation Society

Jharkhand

Indian National Trust forArt & Cultural Heritage,

JharkhandGujarat

Kerala

People for Animals,Madhya Pradesh

Nature Conservation SocietyAmravati, Maharashtra

Maharashtra

Madhya PradeshKarnataka Karnataka

Maharashtra

NatureConservation Society,

Maharashtra.

Envirosearch, Maharashtra

Maharashtra

Green Guards, Maharashtra

Maharashtra Nature Science (Club’s)Society, Maharashtra

Maharashtra OrissaAction for Protection

of Wild Animals,Orissa

Manipur Associationfor Sciences and

Society, Manipur

Maharashtra

Green Friends,Orissa

Bastar Society for Conservationof Nature, Chhattisgarh

Madhya Pradesh

Wild HavenMadhya Pradesh Kerala

AssamEarly Birds,Assam

Orissa

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Wildlife Society ofOrissa

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Rajasthan

Nature Club,Bishop Heber College,

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NEED,Rajasthan

Tamil NaduDhan FoundationTamil Nadu

Turquoise WildlifeConservation

Welfare Society,Uttar Pradesh

Punjab

Sikkim

Uttar PradeshAmrapali Institute,

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AligarhMuslimUniversity,

Uttar PradeshSociety for Conservation

of Nature,Uttar Pradesh

Association forConservation &

Tourism,West Bengal

The Friends of theDoon Society,Uttaranchal

Himalayan Nature &Adventure Foundation,

West Bengal

West BengalInstitute for Cultural &Physical Development

Trust, West Bengal

Nandadevi Foundation,West Bengal

West Bengal

West Bengal

Nuclear PowerCorporation of India

Limited

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Centre for EnvironmentProtection, Mizoram Assam Assam

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Generation de New ImageManipur Green Hearts Nature Club,

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Samrakshan Trust,Meghalaya Karnataka

IBCN ORGANISATIONAL PARTNERS

Megamix,Nature Club, Assam

Gramin Vikash Societyof North East, Assam

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