Debbie Kopsick EVPP 991 February 22, 2007

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Presentation transcript:

Debbie Kopsick EVPP 991 February 22, 2007 Barriers to Effective Environmental Protection in Post-Conflict Afghanistan Debbie Kopsick EVPP 991 February 22, 2007

Presentation Outline Evolution of the environmental protection program Creating an effective environmental protection program Regulatory priorities: 2007 Barriers to implementing regulations Proposed Solutions

Evolution of the Environmental Protection Program 2001: Bonn Agreement 2002: National Development Agreement 2002: Ministry of Irrigation, Water Resources and Environment (MIWRE), now the Ministry of Energy and Water 2004: National Development Strategy 2005: National Environmental Protection Agency (NEPA) formed 2006: Environment Act promulgated 2007: First implementing regulation developed: EIA

Creating an Effective Environmental Protection Program: International Activities UNEP -Post-Conflict Environmental Assessment: 2003 -planning framework for Afghan leaders -identified areas of greatest need for donor countries -To help develop a self-sufficient NEPA, through capacity building and help developing laws and regulations. -Afghan ownership of all phases -More support to Afghanistan than any other country Other international support: Asian Development Bank: air quality World Bank: institutional and infrastructure development: Kabul landfill UNOPS-ACC: natural resource management, biodiversity conservation, replant pistachio forests: 156,000 people through program USAID: education and implementation assistance for Environment Law, natural resource work in Wakhan Corridor

Creating an Effective Environmental Protection Program: Current Regulatory Status Environment Law: promulgated Feb. 2006: Framework law for managing natural resource conservation, biodiversity, drinking water, pollution control and education Administrative roles and interactions with other agencies Implementing Regulations #1: Environmental Impact Assessment (Article 15-28) Afghanistan starting to redevelop and rebuild infrastructure Many projects will have environmental impacts; need to identify options and alternatives

Regulatory Priorities: 2007 NEPA Organizational Structure

Regulatory Priorities: 2007 (continued) Pollution control and waste management (Article 29-36) Protected Areas Management (Article 41-46) CITES (species trade) (Article 57-60) No water management regulations in production, even though is was the No 1 environmental priority identified by UNEP

Barriers to Implementing Regulations No enforcement capability No permitting ability No inspection capability Need to develop technical expertise in NEPA and other Ministries Opportunities for corruption No mechanism for cleaning up past contamination No self-sustainable programs Poor communications with local communities Lack of public awareness Afghanistan has so many other priorities; establishing a priority for environmental protection is difficult

Proposed Solutions International support is necessary until NEPA and other Ministries can develop sustainable programs, especially in the area of permitting and enforcement. Continued support will be needed for years. Continue building capacity in NEPA and other Ministries, and develop operating protocols and functional descriptions for technical staff. Permitting and enforcement fees need to go into a fund to support NEPA activities, not the General Treasury. Contractors helping to implement environmental regulations should be required to train NEPA staff in all aspects. Community-based management and enforcement are critical to the success of NEPA: use environmental management projects to strengthen local governance and develop environmental awareness.

References Bowling, B. and A. Zaidi. 2005. “Post-Conflict Convergence of Development Planning: Implementation of the Sustainable Development Related Millennium Development Goals in Afghanistan”. Sustainable Development Law and Policy, Fall 2005, pg. 4-7. Islamic Republic of Afghanistan. 2006. “Environment Law”. 43 pgs. http://postconflict.unep.ch/publications.php?prog=afghanistan . Taylor, D. 2003. “Environmental Triage in Afghanistan”. Environmental Health Perspectives, V. 111, No. 9, July 2003. pg. A 470-A-473. Taylor, D. 2006. “New Environment Law for Afghanistan”. Environmental Health Perspectives, V. 114, No. 3, March 2006. pg. A 152. United Nations Environment Program. 2003. “Afghanistan: Post-Conflict Environmental Assessment”, pg. 92-103. http://postconflict.unep.ch/index.php?prog=afghanistan . United Nations Environment Program. 2006. “Progress Report on the Capacity Building and Institutional Development Programme for Environmental Management in Afghanistan 2003-2005”. 31 pgs. http://postconflict.unep.ch/publications.php?prog=afghanistan .