Report of the Western Ghats Ecology Expert Panel - Part II : Actionable points for the WGEA : 3. Towards Multi-centred Governance in the Western Ghats : 3.5. Forest Rights Act : 3.5.1Poor regulatory oversight and institutional coordination :-

Opinion
       16/12/2018
                1608.

Sub : Report of the Western Ghats Ecology Expert Panel - Part II : Actionable points for the WGEA : 3. Towards Multi-centred Governance in the Western Ghats : 3.5. Forest Rights Act : 3.5.1Poor regulatory oversight and institutional coordination  :-

Ref : 3.5.1 :Poor regulatory oversight and institutional coordination

3.5.1 : Poor regulatory oversight and institutional coordination -

The institutional oversight on matters relating to environmental and natural resource management (ENRM) is highlighted in Box 13. It is evident that local governments and local community are not being sufficiently involved in the oversight process. There is also insufficient coordination between the centre and states and across levels; consequently many key concerns remain unattended. This results in poor delivery, insufficient feedback from affected groups for policy revisiting, and subsequently social disharmony and conflict.

Box 13: Current regulatory oversight on matters relating to ENRM

Key functions/ responsibilities - Centre State - Local government - Community

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1. Land issues : - access, compensation DoRev,
2. Agriculture : - Missing/weak link
3. Overseeing of environmental and health impacts MoEF SPCBs
4. Clearances
5. MOEF Rehabilitation of project :- affected people MoRD DoRev/RD
6.Social investment programmes MoRD

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Inadequate databases of relevance to governance and planning :-

Databases that are needed for regulation and good development planning are deficient such as for example spatial data bases.

3.5.2 : Measures for Improved Governance :-

The discussion on proposed measures for improved governance focuses on the following : -

1. Adopting Principles for development and conservation in the Western Ghats
2. Regulating development activity in the Western Ghats through ESZs
3. Decentralization as the route to a more inclusive multi-centred governance and development in the Western Ghats

4. EIA, Environmental Clearance Reform, Implementation of PESA, FRA
5. Diffusion of Control through Society

3.5.3 : Principles for Development and Conservation in the Western Ghats :-

Through our work on the Western Ghats, we have arrived at the following sets of principles that we believe should guide development and conservation.

1. Whether it is for conservation or development, inclusion and transparency should be key.
2. Development planning should be decentralized, water shed-based, with increased convergence of planning at grassroots level.
3. District Planning Committees mandated under the Constitution should be supported in all Western Ghat States and these DPCs should be mandated to arrive at the district plan.
4. Ecological sustainable livelihoods should be brought into the planning process for natural resource management, and tribal communities should be involved wherever relevant.
5. Education to address individual/ community valuation of resources

6. Appropriate green technologies that reduce the footprint of development : -

a. Use of appropriate materials, conserving water and soil, and energy saving centres that make such technologies accessible in one place
b. Training programs, to enable households to use this
c. Use of Industrial Ecology principles, Eco-Technologies

7. Use of carrying capacity concepts, pollution prevention, polluter pays principles
8. FPIC through the gram panchayat route for mega-development projects, if at all

3.5.4 : Action Point : - These considerations can be included in the design of the Regulating Development Activity in the Western Ghats.

ESZs in the Western Ghats are demarcated using a socio-ecological multi-criteria evaluation (SEMCE), discussed in Part 1 of the WGEEP Report. ES Zones are to be seen as tools for balancing conservation and economic activity such as : -

1. Areas where human activities will continue, but be prudently regulated under the Environment (Protection) Act, 1986.
2. Areas not at all meant to stop development in ways that would hurt local people, but to ensure that development is environment-friendly and people-oriented, as well as serves to preserve the ecological heritage on a long term basis.
3. Areas with no set regulations, such as ban on all new industries, or on conversion of agricultural into commercial land, that would prevail in every ESA.
4. Areas where regulations should be worked out with due respect to local context.
5. Areas which are not just about regulation, but about positive promotion of environment-friendly development as well.
Table 6 in Part I summarizes the broad guidelines for regulation of development activity in the Zones.

3.5.5 : Action Point : - The Ecological Sensitive Zones and broad guidelines should be woven into the WGEA structure and regulatory functions

Decentralization as the route to a more inclusive multi-centred governance and development in the Western Ghats

WGEEP recommends that following the Constitutional amendment and provisions for decentralized government, this should be actively supported in development planning in the Western Ghats. According to Article 243 (G) of the 73rd Constitutional Amendment Act, the States are required to devolve adequate powers and responsibilities on the Panchayati Raj Institutions (PRIs) in order to make them effective institutions of local self-government.

The responsibility for the preparation of plans for economic development and social justice and its implementation in relation to 29 subjects listed in the Eleventh Schedule is also bestowed on the PRIs.

District Planning Committees mandated under the Constitution should be supported in all Western Ghat States and these DPCs should be mandated to arrive at the district plan. To be able to do this effectively, spatial planning should be the focus. All necessary technical support should be provided to DPCs and LGs from the State, academic institutions, NGOs and other experts for local planning. Some of the key issues that need attention are the management of solid waste, waste water, local impacts of mining, tourism on livelihoods, and benefit sharing from such activities. Management should seek to integrate issues. Special purpose vehicles should be set up by local governments to handle multi- jurisdictional matters, such as watershed development, waste disposal, and natural resources management.7 Ecological sustainable livelihoods should be brought into the planning process for natural resource management and tribal communities should be involved wherever relevant.

WGEEP believes that if local governments are given clear roles and held accountable for these, the incentive structures will be transformed. There will be a demand for capacity to be created and this will put pressure on higher levels of government to meaningfully respond.

A note of caution to be heeded is that devolution of powers of licensing natural resource use to local bodies without adequate safeguards can result in ruthless exploitation of these resources.8 Such powers can create incentives for Panchayats to have this as the preferred route rather though taxing property. The issue of proximity to the governed can also result in corruption and nepotism in the handing out of granite and sand extraction licenses, for example. To avoid this, several design precautions have to be kept in mind while entrusting conservation responsibilities to local governments: Firstly, one must not give them scope to substitute their property tax bases with revenues earned from indiscriminate exploitation of finite natural resources.9 Secondly, there has to be overseeing and appropriate safeguards built in. Thirdly, design principles should focus on creating the appropriate incentives for the building of trust and reciprocity.

The following suggestions would go a long way on better natural resource governance by Local Governments (Raghunanda, 2008).

First, given the externalities that are associated with natural resource management and governance, there must be scope for arrangements that are more flexible and which can go beyond the tiered system of Local Government. Thus, local governments should be encouraged to enter into partnerships with each other, form clusters and collaborate with private entities to tailor proper arrangements for natural resource management and create many centres for decision-making.

Two, in the context of natural resource management across urban and rural local governments should use the instrumentality of the District and Metropolitan Planning Committees to develop solutions for matters that straddle rural and urban jurisdictions, such as water supply, garbage disposal etc., by providing an overarching system than manages these activities. Finally, it will be necessary to create a set of new fiscal instruments and arrangements for resource sharing and benefit sharing from utilisation of natural resources. Similar instruments such as SPVs will need to be conceived for undertaking common over-arching projects

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7 Ideas taken from the Conclusions of the Conference of Academics on Panchayati Raj Inclusive Growth through Inclusive Governance : -   The Future Agenda for Local Government, 25-26 February 2009, New Delhi
8 Ibid.
9 In Karnataka when Mandal Panchayats were given the rights in 1987 for the extraction of minor minerals such as granite, there were several instances of them indiscriminately issuing licenses for granite extraction, sometimes even endangering historical sites such as forts and archeological excavations.
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NEXT :- Box 14: Plachimada experience :-

To be continued ..

JAI HIND
VANDE MATARAM

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