Scope of Public Participation for the Protection of Biodiversity in Bangladesh: Some Legal Reflections

1.1 Public Participation

Public participation means the involvement of members of the public in partnership with the government authorities to reach an optimal outcome in decision-making and policy-making. 7 It ‘may be viewed in terms of the deliberate action of the people and government to respond jointly to the formulation, planning and implementation of a strategy to satisfy a particular need’. 8 The right to participate is one of the three procedural human rights 9 in relation to the environment. 10 States have obligation to facilitate public participation in environmental decision-making process. 11 The level of participation of the general public depends on a number of factors, including the desired outcome, its scope, who will be affected, whether the outcome resolves issues on a local, regional or national level and so on. 12

Public participation is necessary because it can raise public awareness and educate people. It can strengthen local people and other groups and raise a sense of empowerment in participants. 13 It promotes the legitimacy of decisions concerning environmental matters. Moreover, it can reduce conflicting interests and hold the State authorities accountable. 14 Furthermore, it can give the public a chance to express its concerns and increase public acceptance of decisions reached. Besides, public participation can be the way that results in decisions that are ‘more environmentally protective’. 15 Public participation can increase the amount of data upon which decisions may be based. 16

The public participation programmes may be time-consuming and demand administrative resources. 17 However, the advantages of public participation outweigh its disadvantages. 18

1.2 Public Participation in Biodiversity Conservation

Biodiversity provides ecosystem services that are essential to the life and livelihoods of people globally. 19 The full enjoyment of various human rights such as the rights to life, health and food, depends on the ecosystem services provided by biodiversity. 20 However, biodiversity is declining fast around the world. The total estimated number of plant and animal species on Earth is 8 million including 5.5 million insect species. 21 Currently, about 1 million plant and animal species are under the risk of extinction and over 40% of amphibian species, over a third of all marine mammals and around 33% of reef-forming corals are threatened with extinction. 22 Climate change, overexploitation of resources, pollution, land/sea-use change and invasive alien species are the main causes of the loss of biodiversity. Human actions threaten more plants and animal species with global extinction. 23

The conservation of biodiversity necessitates protecting the integrity of natural areas to prevent biodiversity loss. 24 Government actions to preserve biological diversity may take diverse forms. 25 To make governments’ efforts for biodiversity conservation successful, public participation is necessary. The efforts to preserve biodiversity and protect the ecosystem affect the public’s access to land and other natural resources, and accordingly their enjoyment of human rights. 26 Generally, the communities that live in biodiversity-rich areas are vulnerable. 27 Moreover, their livelihoods depend directly on ecosystem services provided by biodiversity and access to land and other natural resources. 28

Public participation may lead to decisions that are better for biodiversity conservation, protecting the rights of those who may be affected by conservation actions. 29 Public participation in the conservation of biodiversity is important because it provides the general public with access to the decision-making process in conservation efforts and is a way to ensure that decisions reflect the interests of the public. 30 Lack of public participation in conservation actions can create conflicts over land and other natural resources, which can weaken biodiversity conservation efforts. 31

The local communities and indigenous people have special affinity with wildlife, plants and other natural resources. 32 The government authorities may lack data regarding biodiversity. Local communities and indigenous people can be a vital source of information not known by the government authorities while taking biodiversity conservation actions. 33 Therefore, the participation of Indigenous people and local communities demands special attention. 34

However, public participation in conservation decision-making should be ‘transparent, accountable, legitimate, fair and inclusive’; there should be adequate capacity for all involved to meaningfully participate and particular attention to ensure the ‘accessibility and voice’ of those who may be vulnerable; adequate time should be built into decision-making procedures to facilitate genuine involvement. 35 Moreover, to promote public participation in decision-making within the scope of biodiversity conservation, it is required to provide support for specific activities such as training, capacity building, meetings, and setting up of co-management mechanisms in the context of conservation initiatives. Participation should be a vital part of any conservation action, starting at the inception of action and remaining through management and monitoring. 36

1.3 International Norms for Public Participation

The Rio Declaration on Environment and Development 1992 is one of the first vital instruments to deal directly with public participation. 37 The principle of public participation is set out in Principle 10 of the Rio Declaration on Environment and Development 1992. 38 Principle 10 declares that

\begin quoteEnvironmental issues are best handled with participation of all concerned citizens, at the relevant level. At the national level, each individual shall have appropriate access to information concerning the environment that is held by public authorities, including information on hazardous materials and activities in their communities, and the opportunity to participate in decision-making processes. \end quote

Thus, public participation is considered an important part of combating environmental problems and achieving sustainable development by motivating governments to pass laws and adopt policies that take the needs of the community into account. 39 Agenda 21 40 also stresses for public participation.

The Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters 1998 41 (‘the Aarhus Convention’) contains clear provisions on public participation in decisions, plans, programs and policies regarding environmental matters. 42 However, the Convention for the Protection of the World Cultural and Natural Heritage 1972 43 (‘WHC’), which aims to identify, protect and conserve cultural and natural heritage, does not contain any provision requiring public participation in decision-making processes. The Convention on Wetlands of International Importance Especially as Waterfowl Habitat 1971 44 (‘Ramsar Convention’), which aims to ensure conservation and wise use of all wetlands and their resources through local and national actions and international cooperation, does not render public participation as a legally binding requirement. However, the strategic plan 45 for the Ramsar Convention emphasizes on publicparticipation.

Several international treaties that are directly related to biodiversity conservation include public participation provisions. Art 14(1) (a) of the Convention on Biological Diversity (‘CBD’) 46 allows for public participation in the environmental impact assessment processes. The article 23 of the Cartagena Protocol on Biosafety to the Convention on Biological Diversity 2000 47 requires the parties of the Protocol to involve the public in decisions concerning biosafety. Moreover, the article 21 of the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity 2010 48 emphasizes the involvement of Indigenous and local communities and relevant stakeholders in the implementation of this Protocol, which aims to ensure the fair and equitable sharing of benefits arising from the use of genetic resources and thereby contribute to the conservation of biological diversity and the sustainable use of its components’ as articulated in article 1.

Thus, public participation is seen as a vital part of biodiversity conservation within the existing international legal framework. In addition, national legal frameworks of various countries including Bangladesh facilitate public participation in biodiversity conservation.

2.1 Scope Under The Wildlife (Conservation and Security) Act 2012

The Wildlife (Conservation and Security) Act 2012 (‘the Wildlife Act’) was enacted in 2012 by repealing the Bangladesh Wild Life (Preservation) Order 1973.As per preamble, the aim of the Wildlife Act is to conserve biodiversity, wildlife and forest. It has been passed in line with the constitutional mandate under art 18A of the Bangladesh Constitution. It allows in chapter 4 for the declaration of national parks, sanctuaries, community conservation areas, safari park, eco-park, buffer zone and corridor. It also contains a list of protected animals and plants in schedules 1-4 and provisions of penalties for certain offences related to biodiversity in chapter 9. According to section 23, the Act also respects the traditional and cultural values and norms of the communities while recognising national heritage, sacred tree or memorial trees.

Under the Wildlife Act, there is some scope of public participation for biodiversity conservation. As per section 20(1) of the Wildlife Act, the government has to receive opinion of local community before declaring any area, whether public or private, outside the boundaries of reserved forests but adjacent to any protected area as a landscape zone 65 or corridor for the movement of wild animals. Moreover, as per section 20(2), the government may declare any degraded forest area as a buffer zone to conserve biodiversity and ensure participation of the local people in the management of the protected forest.

As per section 13, the government may declare any government forest or any government land or any specific area as a sanctuary for the conservation of forest and habitat of wildlife. There is a scope for public participation under section 21 in the conservation of biodiversity of the sanctuary. As per section 21, the government has the power to introduce a co-management system for the conservation of biodiversity of sanctuary involving government agency, minor tribal community living in the forests or local community on a participatory basis.

Moreover, as per section 18, any person or community having the ownership of any land or wetland member of the public is allowed to apply to the government to declare such land or wetland as a community conservation area for the management of wildlife and sustainable development of such land or wetland. Section 18 also contains a provision of compensation for the affected owner of such area and allows the co-management system to be set up for the management of the community conservation area.

2.2 Scope Under The Bangladesh Biodiversity Act 2017

The Bangladesh Biodiversity Act 2017 was passed in line with the constitutional mandate under article 18 A of the Bangladesh Constitution and international commitment under the CBD. As postulated in the preamble of the Act, the objective of Act is to ensure the conservation of biodiversity, sustainable use of its components and fair and equitable sharing of benefits arising from the use of genetic resources and knowledge associated with it. This Act mainly sets rules regarding who will get access to non-human genetic resources and traditional knowledge and how such resources and traditional knowledge may be legally transferred. Under the Act, the National Biodiversity Committee is the authority to grant permission to such access and determine the fair and equitable sharing of benefits arising from biological resources and traditional knowledge.

The Bangladesh Biodiversity Act 2017 provides some scope for public participation in the conservation of biodiversity. Under section 31(5) of this Act, where any development project undertaken by any authority has possibility to cause damage to biodiversity of any particular area, the concerned authority is under obligation to conduct environmental impact assessment involving the local people. The participation of the public, especially local people, in the environmental impact assessment process could help the government achieve high-quality natural resource management. 66 Moreover, public participation could ensure social equity in the environmental impact assessment system by allowing local communities to express their socio-economic needs and concerns about intended projects. 67

The government of Bangladesh may declare any area as a rich heritage of biodiversity considering the heritage value of biodiversity of such area under section 32 of the Bangladesh Biodiversity Act 2017. However, the government must consult with local people before declaring any area as a rich heritage of biodiversity. Moreover, the government is empowered to undertake a project to provide compensation to any person or community who may be affected due to the declaration of any area as a rich heritage of biodiversity.

Under the same Act, local biodiversity management and monitoring committees will be established in City Corporation areas, Districts, Upazila, municipal area and union level. 68 The City Corporation Committee, Municipality Committee and Union Committee, established under this Act for biodiversity management and monitoring, is empowered to set up a community-based biodiversity management team for the conservation of biodiversity. 69 The community-based biodiversity management team will consist of local people who are capable of and interested in biodiversity conservation. Thus, the public, especially local people may get the opportunity to participate in the management of biodiversity conservation programme.

Moreover, the National Committee on biodiversity, established under section 8(1), is empowered to co-opt in such committee any person having experience on biodiversity conservation. 70 The City Corporation Committee, District Committee and Upazila Committee for biodiversity management and monitoring may, if they think necessary, appoint in such committees any member of the public having interest in biodiversity conservation. 71 Furthermore, the City Corporation Committee, the District Committee and the Upazila Committee for biodiversity management and monitoring are empowered to invite any person or representative of any organization and take their opinion into account while conducting activities. 72 In addition, if it is necessary, the Municipality Committee and Union Committee may co-opt in such committees any member of the public having an interest in biodiversity conservation. 73

2.3 Scope Under The Forest Act 1927

The Forest Act 1927 mainly contains provisions regarding the management of forest and forest resources. As per section 3 of this Act, the government of Bangladesh is empowered to constitute any forest-land or any land over which the government has propriety rights, a reserved forest. Section 26 of the Forest Act provides a list of activities that are prohibited in a reserved forest. Under section 28 of the Forest Act 1927, the government has the power to assign its rights over any reserved forest to any village community for the management of the forest. According to section 28 A, the government has the power to establish social forestry programme by assigning its right to use the land to any person by written agreement for the conservation and management of the forest. The person involved in the social forestry programme would get benefits arising out of the programme.

Moreover, if the government and any person have joint interest in any forest, under section 80(1) the government has the power to undertake the management of such forest or engage such person having a joint interest in the management of such forest. Where the government undertakes the management of such forest, as per section 80(1) (b) the government is accountable to the person having a joint interest in the forest for his interest. The government is not bound to involve the person having a joint interest in any forest land for the management of such forest. Thus, the Forest Act 1927 provides limited scope for public participation in the management of forest and its resources.

2.4 Scope Under the Marine Fisheries Act 2020

The Marine Fisheries Act 2020 was enacted by the Bangladesh government by repealing the Marine Fisheries ordinance 2020 for the management, conservation and development of marine fisheries in the Bangladesh fisheries waters. Section 29 of the Act empowers the government to declare any area of the marine fisheries’ water-zone to be a marine protected area to give special protection to the aquatic biodiversity of such areas and to protect and conserve the natural habitats of aquatic life, with particular regard to flora and fauna in danger of extinction.

If any person fishes or attempts to fish in any marine protected area declared under section 29 without permission of government, he shall be guilty of an offence and shall be liable to fine as per section 30. According to this Act, the Director-General of Fisheries Directorate is responsible for the management, conservation, and development of marine fisheries. There is no scope in the Marine Fisheries Act for public participation in the management and conservation of marine biodiversity within the jurisdiction of Bangladesh.

2.5 Scope Under the Bangladesh Biosafety Rules 2012

The Bangladesh Biosafety Rules 2012 has been enacted under the Bangladesh Environment Conservation Act 1995 to protect biological diversity from the dangers of the introduction of genetically modified organisms or products in the country. It provides rules on the approval process for genetically modified organisms or products developed domestically or by another country. Under rule 3 of this law, no person or firm is allowed to import, export, buy and sell any genetically modified organisms or products without the approval of the Ministry of Environment and Forests of Bangladesh. Moreover, if any genetically modified organisms or products create a threat to environment and biodiversity, concerned firm or individual is under obligation as articulated in rule 7 to report to the Biosafety Core Committee and the National Committee on Biosafety as soon as possible.

Any individual or firm authorized under the Bangladesh Biosafety Rules 2012 to use any Genetically Modified Organism or products is under obligation as articulated in rule 8 to prepare a plan to address any emergency in the experiment field for conducting their activities. Rule 8 makes it compulsory for authorized individuals or firms to ensure the participation of local people and their opinion in the preparation and implementation of the plan. Thus, the Bangladesh Biosafety Rules 2012 provides scope for public participation in the preparation and implementation of the plan to address any situation which may cause damage to the environment, biodiversity and human health.

Given the provisions of the above laws, it is clear that the existing legal frameworks of Bangladesh on biodiversity provide limited scope for public participation in biodiversity conservation.

4.1 Lack of Provision for Co-management System and Way Forward

The Wildlife Act 2012, the Bangladesh Biodiversity Act 2017, the Marine Fisheries Act 2020, the Forest Act 1927 and the Bangladesh Biosafety Rules 2012 do not contain any provision for mandatory co-management system.

Section 21 of the Wildlife Act makes it optional for the government to introduce co-management system involving forest department, local community and minor tribal community living in the forests for conservation and management of natural resources of the sanctuary. Moreover, the Act does not contain any provision requiring public participation in the management of national parks or eco-park declared under this Act.

The Indigenous communities in Bangladesh are some of the most vulnerable communities of the country due to myriad reasons including loss of natural resources. 79 Generally, Indigenous communities who are living in the forest area have special affinity with wildlife and natural resources. Lack of involvement of the indigenous people as well as local people in conservation programme can create conflicts over land and other natural resources, which can hinder biodiversity conservation initiatives. For example, when the Bangladesh Government took the control of the forest land to handle deforestation in the Chittagong Hill region in the 1980 s and made it illegal for the public to access the forest, the local community, particularly Indigenous people reacted aggressively. 80 The local community was forced to intrude into the reserved forest area for their sustenance. This situation created conflict between indigenous people and the police. Finally, the government forest officials were bound to leave the area without implementing their forestry programs in the reserved forests area due to safety concerns.

If Indigenous and local people are involved in the management of sanctuary and get any benefit arising from therein, it will help reduce any conflicting interest. Moreover, if the Indigenous people and the local community are involved in conservation efforts, their participation could raise awareness among them about the necessity of biodiversity conservation. They would be motivated to support protected areas and wildlife conservation efforts at the local level. Moreover, they would try to conserve biodiversity by applying their valuable traditional knowledge associated with biodiversity conservation.

The Co-management system should be mandatory for the conservation and management of natural resources of the sanctuary as well as national parks. The conference of parties (‘COP’) to the CBD in its Ninth meeting, which was held from 19 to 30 May 2008, has recognized the necessity has recognised the necessity to ‘[e]stablish effective processes for the full and effective participation of indigenous and local communities, in full respect of their rights and recognition of their responsibilities, in the governance of protected areas’. 81 Moreover, the Global Assessment Report on biodiversity and ecosystem services of the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services recognises the importance of the full and effective participation of local communities and Indigenous people in the management of biodiversity conservation efforts. 82 Being a party to the CBD, Bangladesh should ensure the full and effective participation of Indigenous and local communities in the management of sanctuaries and national parks for the better management of such areas.

Lack of public involvement may fail any project undertaken to protect the biodiversity of any particular area. For example, the Sundarbans Biodiversity Conservation Project funded by the Asian Development Bank(‘ADB’) was undertaken to ‘establish a proper management system to protect biological diversity and secure the environmental and biological integrity of the Sundarbans’. 83 However, the project was cancelled by the ADB due to problems with project design and management. The project ignored the opinion of local communities of Sundarbans. The project also prevented the local community from entering the jungle for their subsistence livelihood. The project also failed to include the traditional knowledge of the indigenous people and local communities of Sundarbans.

Moreover, the poor people living in or outside protected areas are more likely to use biodiversity and other natural resources for their survival. 84 The participation of poor communities, along with other participants, in the management of national parks and other protected areas can influence them to conserve biodiversity by considering their opinion and needs in decision-making processes. For example, in Uganda, the management of wildlife resources was restricted to the government, its agencies and their staff. There was no scope for public involvement in the management of wildlife resources and they did not get any benefit from its utilization. 85 As a result, there was a lack of sufficient support for protected area and wildlife conservation at the local level. To address this situation, the government of Uganda has taken programmes to involve local communities in the management of wildlife resources so that they can get benefits arising from the use of wildlife resources. 86

To get sufficient support from the local community and marginalized group for the conservation of biodiversity in the sanctuaries and national parks in Bangladesh, it is necessary to ensure the active participation of the public, especially tribal and local people in the management of the sanctuary. There should be much strong provision in the Wildlife Act of Bangladesh for the government to set up co-management system for the conservation and management of sanctuaries established under section 13(1). The Wildlife Act needs to be amended by adding a mandatory provision for the co-management system.

The Bangladesh Biodiversity Act does not contain any provision requiring the government to engage local people in the management of rich heritage of biodiversity. If the government involve local people in the conservation and management of biodiversity heritage area, they will be more protective about biodiversity. Lack of public participation in the conservation and management of biodiversity heritage areas may fail biodiversity conservation efforts of the government authority. Therefore, the Bangladesh Biodiversity Act should be amended by requiring the involvement of the local community in the management and conservation of biodiversity heritage area.

4.2 Lack of Public Participation in the Decision-making Process and Way Forward

Although the government has to receive opinion of local community before declaring any area as a landscape zone or corridor for the movement of wild animals as per section 20(1) of the Wildlife Act, the Act does not contain any provision requiring the government, before declaring any forest area as sanctuary or national park, to take opinion of the Indigenous people and local community.

The Wildlife Act should be amended to ensure participation of the Indigenous people and the local community in the decision-making process regarding the declaration of any sanctuary under section 13 or any national park under section 17. The local community and Indigenous people can be a valuable source of information for any particular forest area or wetland. The government can use the information to be provided by the Indigenous people and the local community while deciding on the declaration of a sanctuary or national park.

Moreover, the Marine Fisheries Act 2020 does not require the government to take opinions of marine fisheries stakeholders before declaring any area as marine protected area. There should be room for public participation in the decision-making process regarding marine reserve area. The Marine Fisheries Act should be amended by including provision for public participation in biodiversity conservation.

As per section 7 of the Wildlife Act, the Chief Warden is empowered to determine the species or subspecies of wild animals as vulnerable, endangered or critically endangered in consultation with the scientific committee. There is no provision in the Act to involve the general public, particularly tribal people and the local community in the process of determining vulnerable, endangered or critically endangered species.

The local people and tribal community can be a significant source of data regarding various plants and animal species living in the forests of a particular area. Generally, they are very familiar with the biodiversity and ecosystem of any particular area. They should be included in the process of determining the status of various species. The Act needs to be amended by requiring the Chief Warden to consult with the public, in particular, local people while determining the status of various species under section 7.

4.3 Lack of Provision to Protect the Rights of Indigenous Community and Way Forward

As per section 13(3) of the Wildlife Act, if any wetland is declared as a sanctuary, the government must take measures to protect the customary rights or the right of livelihood of the local community such as fishermen, boatmen. However, the Act does not contain any provision requiring the government to take measures to protect the customary rights or the right of livelihood of Indigenous communities where any hilly forest area will be declared as a wildlife sanctuary. If the measures are taken to protect the traditional rights and the right of livelihood of the Indigenous community, they will be encouraged to support the government authority in biodiversity conservation efforts.

Moreover, the Act does not require the government to take initiatives to protect the traditional rights or the right of livelihood of Indigenous people and the local community when any forest area will be declared as a national park for biodiversity conservation. Local communities, who are living in the forest area of Bangladesh, collect both animal and plant products from forests for their livelihood. 87 Ignoring the traditional rights or the right of livelihood of Indigenous people and the local community can create a violent situation.

For example, in 1982, the Bangladesh Government declared a large portion of the Madhupur Sal Forest, which is situated in Gazipur and Tangail district of Bangladesh, as a national park. 88 The Forest Department of Bangladesh initiated management programmes to reduce deforestation in the Madhupur Sal Forest. Management programmes initiated by the Forest Department have adversely impacted on the livelihood of Indigenous people living in the Madhupur Sal forest area. 89 The indigenous people living in the Madhupur Sal Forest area were not allowed to access forest resources. As a result, several clashes were held in1996 and 2008 between the government and indigenous communities living in the Madhupur Sal forest area. 90 Furthermore, the biodiversity of Madhupur Sal Forest has been reducing day by day. 91 If the Indigenous people’s customary rights or the right of livelihood were respected, they would involve in the biodiversity conservation of the Madhupur Sal Forest area and the conflicting situation could be avoided.

Consequently, the Wildlife Act should be amended by including provision for the protection of customary rights or the right of livelihood of the local community and Indigenous people while declaring any forest area as a national park.

4.4 Lack of Mandatory provision for Involving Public in the Management Committee and Way Forward

There is an option for inclusion of only one member from fishermen and farmers in the District Committee, Upazila Committee, Municipality Committee and Union Committee for biodiversity management and monitoring established under the Bangladesh Biodiversity Act. 92 Although the City Corporation Committee, District Committee and Upazila Committee, Municipality Committee and Union Committee established under the Bangladesh Biodiversity Act may also co-opt in such committees any member of public who is interested in biodiversity conservation, law should be amended by making it mandatory to involve certain number of representatives of local community in the management committee to ensure active participation of public. There should be more than one representative from civil society organizations, indigenous people (especially for the hilly area) and local people in the Committees to ensure effective participation of the public for biodiversity management and monitoring.

4.5 Lack of Provision for Women Participation in Biodiversity Conservation Efforts and Way Forward

The National Biodiversity Strategy and Action Plan of Bangladesh (NBSAP) 2016-2021 emphasises on the participation of women in the biodiversity conservation. 93 The village women of Bangladesh are traditionally engaged in crop cultivation, seed preservation, home gardening, plantation, and cattle and poultry rearing, etc. Those activities are related to biodiversity conservation. Moreover, rural women maintain traditional knowledge of conserving native species of agro-biodiversity. Women in Bangladesh are playing important roles in society. They could also play a vital role in the conservation of biodiversity and sustainable use of its components.

However, the Bangladesh Biodiversity Act does not contain any provision requiring the participation of women in any committees established under the Act for biodiversity management and monitoring. There should be a certain number of representatives from women in the City Corporation Committee, District Committee and Upazilla Committee, Municipality Committee and Union Committee for biodiversity management and monitoring. The law should be improved to ensure the active participation of women in the decision-making process as well as in the management plan for biodiversity conservation.

4.6 Lack of Scope of Public Involvement under the Forest Act 1927 and Way Forward

The scope of public participation under the Forest Act 1927 completely depends upon the discretion of the government. The Act does not make it mandatory for the government to involve the village community or person jointly interested in any forest for the management of such forest. The Act does not require the government to take the opinion of the person having joint interest in any forest before undertaking the management of any forest under section 80.

Moreover, the Act does not require the government to take public opinion before declaring any forests as protected forests under section 29. There should be a provision in the Forest Act requiring the government to consult with the public, especially local people, before undertaking the management of any forest under section 80 and declaring any forests as protected forests under section 29. The involvement of local people in the decision-making process regarding protected forests will encourage them in the conservation of forest biodiversity.

4.7 Lack of Provision for Capacity-building and Skills Development and Way Forward

To ensure adequate and effective public participation in the conservation of biodiversity, it is required to develop the skills and capacity of the local people. However, there is no provision in the Bangladesh Biodiversity Act 2017 and the Wildlife Act 2012 for the development of skills and capacity of the local community and indigenous people in biodiversity conservation. Inadequate skills and capacity affect the competence of the community to participate in conservation. 94 Capacity building and skills development will help the public to improve their competence to involve effectively in conservation efforts. Lack of training and orientation for the local community and indigenous people may impede the management of biodiversity conservation efforts where the public has scope to participate.

The National Environmental Management Act 1998 of South Africa contains strong provisions for capacity building and skills development to ensure the effective participation of affected and interested parties in conservation. 95 Like South African Legislation, the Bangladesh Biodiversity Act 2017 and the Wildlife Act 2012 should contain a strong provision for capacity building and skills development of affected and interested parties in conservation. The NBSAP 2016-2021 suggests that the women in the rural areas should be offered with adequate training, education-awareness as well as means of alternate livelihood activities so that they become the safeguard of Biodiversity. 96

4.8 Lack of Provisions for Access to Information and Access to Justice and Way Forward

Public participation cannot be effective without access to information and possibility of enforcement. Principle 10 of the Rio Declaration on Environment and Development 1992 states that ‘[s]tates shall facilitate and encourage public awareness and participation by making information widely available. Effective access to judicial and administrative proceedings, including redress and remedy, shall be provided.’

The Wildlife Act 2012 of Bangladesh requires the government authority to publish an annual report regarding the status and conservation trends of wildlife in the protected areas. 97 Moreover, the government is under obligation to publish its decision regarding the declaration of protected areas by notification in the official gazette. 98 On the other hand, the Bangladesh Biodiversity Act 2017 does not contain any provision requiring various committees established under the Act at district, municipal, village level to publish their decision or plan regarding biodiversity conservation for the public. Although this Act contains a provision regarding public involvement in the environmental impact assessment procedure for the development projects, it does not require concerned authority to make planned project documentation available for public review. To ensure effective participation, information regarding committees’ decisions and planned development project should be made available to the public. Law should be revised to include such a provision to make information regarding various committees’ decisions and planned development projects publicly available.

Unfortunately, the Wildlife Act 2012 and the Bangladesh Biodiversity Act 2017 do not contain any provision which could give public access to judicial or administrative proceedings for challenging any management plan/programme or decision of the concerned authority where such management plan/programme or decision creates threat to biodiversity and violates rights of any community. Law should be amended by including provisions for access to justice.