Pakistani Law on Forest Conservation and Wildlife Protection

The evolution of Pakistan’s forest policy reflects the country’s response to both national and international environmental commitments and the socio-economic dynamics of its forest regions. The first forest policy in 1955 laid the groundwork, followed by subsequent policies in 1962, 1975, 1980, 1988, 1991, and 2001, each iteration addressing the growing challenges and needs of forest management.

The current draft “National Forest Policy, 2005,” aims to serve as an overarching framework to guide provincial governments and the Federally Administered Tribal Areas (FATA) in developing their own tailored policies. Despite this, forest communities have criticised these policies, perceiving them as contrary to their rights and interests. The “NWFP Forest Ordinance, 2002,” applicable in the NWFP province, has been specifically targeted for its perceived exploitative nature by the Sarhad Awami Forestry Itehad, representing small forest holders from various regions including Dir-Kohistan, Swat-Kohistan, Hazara division, FATA, and central and southern districts of NWFP.

The 2005 National Forest Policy emerged against the backdrop of several significant developments:

1. Ratification of UNCCD, 1997: Pakistan’s commitment to the United Nations Convention on Combating Desertification emphasised combating desertification in arid and semi-arid areas through measures such as soil conservation, vegetation conservation, and dry-afforestation. This international commitment necessitated corresponding national policies to mitigate desertification and promote sustainable land management.
2. Punjab Forest Policy Statement, 1999: This policy underscored the involvement of stakeholders in forest and watershed management. It encouraged private sector investment through joint forest management, joint ventures, long-term leases, and appropriate incentives. The formulation of this policy involved comprehensive policy dialogues within Punjab, reflecting a participatory approach to policy-making.
3. NWFP Forest Policy, 2001: Building on the participatory approach, this policy included principles such as local community involvement and the promotion of private sector investment. It also recommended revising forestry legislation to accommodate joint forest management, recognising the importance of collaborative governance in sustainable forest management.
4. National Environmental Action Plan (NEAP), 2001: NEAP aimed at safeguarding public health, promoting sustainable livelihoods, and enhancing the quality of life in Pakistan. It advocated for the involvement of the private sector, NGOs, and citizen groups in executing local-level projects, thereby fostering a collaborative approach to environmental conservation.
5. Poverty Reduction Strategy Paper (PRSP), 2003: The PRSP recognised the interconnection between poverty and the environment, highlighting the role of forestry resources in supporting the livelihoods of the rural poor. This recognition led to initiatives aimed at integrating environmental sustainability with poverty reduction strategies.

In response to these developments, several key initiatives were undertaken:

i) Forum for Forest Policy Analysis: LEAD-Pakistan established a mechanism for analysing, formulating, and monitoring the implementation of forest policies.

ii) Awareness and Communication Strategy: WWF implemented initiatives to raise awareness about forestry issues and develop communication strategies related to forestry and allied sectors.

iii) Public-Private Partnership Strategy: SUNGI worked on developing strategies to establish public-private partnerships in Pakistan’s forest sector, promoting collaborative efforts between the government and private entities.

iv) National Vision 2025 for Forest Biodiversity Conservation: The Pakistan Forest Institute, in collaboration with the Ministry of Environment, undertook the development of a strategy for forest biodiversity conservation, aiming to protect and sustainably manage forest resources by 2025.

These steps signify a concerted effort to address the multifaceted challenges of forest management in Pakistan, incorporating international commitments, stakeholder engagement, and sustainable development principles. However, the criticism from forest communities indicates ongoing challenges in balancing policy objectives with the rights and needs of local populations.

The National Environmental Policy 2005 was approved by the Cabinet in 2005 by the Federal Cabinet. The policy involved inter-provincial and inter-sectoral consultation. The Policy has the forestry and biodiversity as the key areas of Environment Sector.

There have been policies after this in 2007 and 2010Meanwhile Pakistan is The Kyoto Protocol to the United Nations Framework Convention on Climate Change which was an amendment to the international treaty on climate change was ratified in 2005.Since 2005 the Non-Legal Binding Instrument (NLBI) has also been promulgated.

There are similar provincial laws on fisheries, forest and wildlife resources :

• The Punjab Wildlife (Protection, Preservation, Conservation and Management) Act, 1974.
• The Punjab Forest (Sale of Timber) Act, 1913.
• The Balochistan Wildlife Protection Act, 1974.
• The Baluchistan Forest Regulation, 1890.
• The North-West Frontier Province Wildlife (Protection, Preservation, Conservation and
Management) Act, 1975.
• The North-west Frontier Province Forest Ordinance, 2002.
•  The North-west Frontier Province Protected Forest Management Rules, 2005.
• The Sind Wild-life Protection Ordinance, 1972.
• The Punjab Fisheries Ordinance, 1961.
• Sindh Fisheries Ordinance, 1980.
• National Policy and Strategy for Fisheries and Aquaculture Development in Pakistan,
Ministry of Food, Agriculture and Livestock, Government of Pakistan, Islamabad, June 2006.
• National Forest Policy for Sindh 2010

Updated Article:

Pakistan’s framework for forest conservation and wildlife protection has evolved significantly over the years, incorporating both national priorities and international commitments. The legislative and policy framework aims to address the multifaceted challenges of forest and wildlife conservation while balancing the rights and needs of local communities.

National Forest Policies and Legislation

The historical progression of Pakistan’s forest policies began with the first national policy in 1955, followed by updates in 1962, 1975, 1980, 1988, 1991, and 2001. The current draft, the National Forest Policy of 2005, was designed to provide a comprehensive framework to guide provincial governments and the Federally Administered Tribal Areas (FATA) in developing tailored forest policies. This policy underscores the importance of sustainable forest management, biodiversity conservation, and the engagement of local communities in forest governance.

Provincial Policies and Legislation

Each province in Pakistan has its own set of laws and policies addressing forest and wildlife conservation, reflecting regional priorities and ecological conditions. Notable among these are:

• Punjab Wildlife (Protection, Preservation, Conservation and Management) Act, 1974: This act focuses on protecting wildlife through regulated hunting, habitat preservation, and stringent penalties for violations.
• Sindh Wildlife Protection Ordinance, 1972: Aimed at protecting wildlife in Sindh, this ordinance includes provisions for creating wildlife sanctuaries and national parks.
• Balochistan Wildlife Protection Act, 1974: This act provides a legal framework for wildlife conservation in Balochistan, addressing issues such as illegal hunting and habitat destruction.
• North-West Frontier Province Wildlife (Protection, Preservation, Conservation and Management) Act, 1975: This act regulates the conservation efforts in Khyber Pakhtunkhwa, emphasizing the involvement of local communities in conservation efforts.

Key Initiatives and International Commitments

Pakistan is a signatory to several international environmental conventions, including the United Nations Convention on Combating Desertification (UNCCD) and the Kyoto Protocol. These commitments have shaped national policies, such as the National Environmental Policy of 2005, which integrates inter-provincial and inter-sectoral consultations, and emphasizes forestry and biodiversity as key areas. Additionally, the development of the National Vision 2025 for Forest Biodiversity Conservation highlights Pakistan’s strategy to protect and sustainably manage its forest resources.

Current Challenges and Criticisms

Despite these efforts, several challenges persist. Local communities, particularly in regions such as Dir-Kohistan and Swat-Kohistan, have criticized policies like the NWFP Forest Ordinance, 2002, for being exploitative and not adequately protecting their rights. Advocacy groups, such as the Sarhad Awami Forestry Itehad, continue to call for more inclusive and equitable forest governance frameworks.

Wildlife Protection Measures

The legislative framework for wildlife protection includes various acts and rules, such as:

• West Pakistan Wildlife Protection Ordinance, 1959
• Pakistan Wildlife Ordinance, 1971
• Azad Jammu & Kashmir Wildlife Act, 1975

These laws aim to regulate hunting, establish protected areas, and conserve endangered species. However, the enforcement of these laws remains a challenge due to limited resources and the indifferent attitude of the public towards wildlife management.

Future Directions

Pakistan’s future directions in forest and wildlife conservation involve enhancing legal frameworks, increasing public awareness, and fostering public-private partnerships. Initiatives like the development of communication strategies on forestry by WWF and the establishment of public-private partnerships in the forest sector by SUNGI are steps towards sustainable conservation practices.

In conclusion, while Pakistan has made significant strides in forest conservation and wildlife protection through comprehensive policies and international commitments, the effective implementation and enforcement of these laws require continued efforts and greater community engagement​