Homework Note for India and Pakistan (from my Facebook wall)

BIODIVERSITY & BSF-PAK RANGERS MEET (HOMEWORK NOTE)

may i take the liberty of using this forum to take forward some of the international discussions held as a part of india's highly-consultative national biodiversity strategy and action plan process that took place over a decade ago.

as we know, the border security force (BSF) of india, and the pakistan rangers are supposed to be holding a meeting on 6th Sept., 2015. this is a good thing, and we welcome the opportunity.

it is now important for both sides to do their homework well.

in this context, my suggestions are currently being made as an expert who had been assigned to discuss india's NBSAP in Lutyens' Delhi (49 lodi estate) with an international expert from pakistan (when i last checked, the visiting card had the name zahid hamid printed on it...this meeting with the pakistani lawyer was a part of the formal process of NBSAP, but might not necessarily have been recorded as a part of the process documentation and was during the previous NDA government's rule when i was co-operating with a governmental process although i was in the opposition). (many years later, happened to be introduced to the deputy high commissioner of pak in delhi at a rooftop luncheon anniversary hosted by old family friends from vizag with a lot of navy friends).

at this point of time, i would like to specifically take forward one aspect of the discussion, based on progress that has taken place over the years, as well as the current opportunity for exploring peaceful solutions with a neighbouring country. it is an idea i have already floated in my miscellaneous email writings and discussions with the general public over the past few years, so the time probably has come, to give the thought more credence.

the idea:

it would be most useful for the BSF and the Pak Rangers to both

1) Acknowledge that they have now (or earlier, if they happen to be aware of my views),received a legal opinion that recommends the following:

Explore the possibility of:

Jointly facilitating and overseeing gram sabha-to-gram-sabha (or gram sabha- to jirga), whatever the equivalents might be, for grassroots-local-body-to-grassroots-local-body meetings to accord recognition to the pre-existing rights of the people, in the spirit of (and in the manner of the processes) of India's forest rights act ie., the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights Act).

In areas where, on the indian side, the said Forest Rights Act is applicable, then, in the context of the relevance of the said piece of legislation, to explore the possibility of co-operating via the said legislation, for which the pakistani side would also need to bring about a similar legislation on their side. (for example, this would be most useful in the case of sir creek, since the main confusion there is because of the varying and shifting high tide and low tide lines...the potential to look at the many islands with fishing communities in that area from both sides, and to focus on the Common Property Rights (while, however, not excluding the individual property rights aspect) of the forest rights act could bring about interesting solutions.

Typically, the extreme wildlife lobby would want to use international treaties and declare this an area for pristine preservation minus humans, and the corporate lobbies on both sides would want the area to be jointly explored for fossil fuels. It would be advisable to realise the obstacles in these approaches, as depicted in past efforts for peace using the so-called environmental argument, but to now leverage these areas of common interest, by bringing about solutions that are good for the ecology as well as impoverished communities.

Large-scale common monetary incentives and opportunities to the gram sabha communities (with their cross-border equivalents), for conservation, ecotourism, biodiversity heritage including the food and pharma sectors and possibly offshore wind energy in the power sector the ocean could be the key forces in that replace oil exploration.

(i have advocated a similar solution for extending india's role off the east coast of india as well, beyond the andaman islands, where the queen of nancowrie could be a cultural figure who leads a group claim for commons).

This solution could also be explored in the J&K region if the state government of J&K in India also passed an act similar to the country's forest rights act, since the current one does not apply to that state.

2) Agree to discuss this legal opinion with their political bosses.

3) Agree on a next date by which they would meet and discuss next steps based on the responses of the political bosses. (i could circulate a separate note for the political bosses on the logistical aspects such as list of persons who would be a part of the open process of rendering advice + timelines and open modes of communication, verification and confirmation, as also answer -or coordinate the answers- of legal and subject-matter questions and queries on the same from the political sector).

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i will post this note on my political blog, and hope these ideas are useful, nothing is compulsory. (if you want to be really creative, could explore the cultural role of ex-tribal chiefs in all this).
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Note added on 7th Sept: Read news reports today, that these meetings will be from the 9th of Sept to 11th Sept. (2015)