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

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

3. 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

4. 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

5. 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

6. Regulatory Priorities: 2007 NEPA Organizational Structure

7. 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
                                                                                                                                                            

8. 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
                                                                        

9. 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.

10. References
Bowling, B. and A. Zaidi “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 “Environment Law”. 43 pgs. .
Taylor, D “Environmental Triage in Afghanistan”. Environmental Health Perspectives, V. 111, No. 9, July pg. A 470-A-473.
Taylor, D “New Environment Law for Afghanistan”. Environmental Health Perspectives, V. 114, No. 3, March pg. A 152.
United Nations Environment Program “Afghanistan: Post-Conflict Environmental Assessment”, pg
United Nations Environment Program “Progress Report on the Capacity Building and Institutional Development Programme for Environmental Management in Afghanistan ”. 31 pgs. .