Report 1: Framework and Technical Guidelines for Monitoring the Implementation of Legislation Relevant to SLM in Pamir-Alai

Abstract

Component 1.2 of Phase I of the PALM project provided an opportunity for Tajikistan and Kyrgyzstan to improve their understanding of their legislative and policy systems for sustainable land management (SLM) by examining several national, international and transboundary laws, policies and institutional arrangements that apply to the High Pamir and Pamir Alai region. It was found that many of the principles, procedures and lessons learned from this analysis could be extrapolated to other parts of Kyrgyzstan and Tajikistan and possibly to other mountain regions of the world. The Final Report of UNE specified that the development of policy and legislation for the PALM region would be enriched through the implementation of SLM and more active public participation. It pointed out that Kyrgyzstan and Tajikistan could significantly benefit from drawing on key international strategies and conventions to evaluate and frame laws for SLM. A number of priorities for reform identified by Component 1.2 including: the development of integrated law to manage mountain ecosystems and revise existing SLM laws; making existing legal systems more efficient through the development of coordination and implementation mechanisms and strengthening operational procedures, and by monitoring the implementation of existing laws for SLM; and improving the capacity for enforcement. The PALM region administrative system could be reformed by introducing specialist legislative procedures to remove overlap in institutional roles and unclear relationships between different authorities and departments; remove inconsistencies between administrative powers and scientific practices, and by improving public supervision of law enforcement authorities. Monitoring the effectiveness of existing SLM will provide information to help justify the reform of individual laws, policy and institutions for SLM.