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Cross-sectoral legislative needs to address existing and future strategies and other International Conventions
The legislation to address the various management plans for marshland areas, wildlife reserves, and tribal reserves could also address protected areas. The law for regulating hunting and the collection and trade of wild fauna and flora could also be used as the framework for addressing species-specific protection measures. Both these laws are to be issued under the competence of MOE. Fishery and aquaculture operations as well as forest cutting provisions fall into the duties of MOA. The MOWR plays a primary role in the marshland protection and restoration, which has the duty of regulating water flow and availability through the territory. Close cooperation and strong communication are necessary to implemente laws and regulations among these three authorities, and it is paramount to the meaningful implementation of the Convention. At the higher institutional levels, there will also need to be a local management dimension, where consultations are performed whenever a management plan crosses the core competencies of other sectors or ministries. At the local scale, the management committee should involve a comprehensive set of representatives from other sectors.
All international conventions require a national law for ratification, usually consisting of a translation of the convention text into the official language of the country. Additionally, one or more laws are needed to regulate and implement the provisions of the convention, depending on the specific legislative and institutional structure of the country. CITES For this convention, a specific law is needed to be issued by the MOE in consultation with the MOA and Ministry of Trade to address: the continuous updating of the Appendices of protected species; the establishment of an administrative structure functioning as a management authority for the issuance of import and export permits; the empowerment of an enforcement authority to control illegal activities; the establishment of a scientific authority, and a strong sanction system. CMS/Ramsar For the implementation of these conventions, the three main legislative instruments suitable to grant protection for the migratory species and for wetland areas are: the National Law for Protected Areas; the National Law for Forest Management and Protection; and the National Law for Regulating Hunting and the Collection and Trade of Wild Fauna and Flora. The two competent ministries are the MOE and MOA. The management of particular cases in which wetland areas or protected areas along migratory routes interact or cross into other sectors and competencies (e.g. human settlements with productive activities, oil extraction sites, and industrial areas) may require specific legislative or regulatory actions at the national, regional, and/or local scale. World Heritage Convention Depending on the specific values and resources found in the three Iraqi cultural sites currently listed as UNESCO World Heritage Sites, their protection will be addressed nationally by laws issued by various ministries and local bodies (e.g. Ministry of Tourism and Archaeology, and the MOE). UNFCCC Addressing climate change is no doubt the most challenging environmental issue that Middle Eastern countries have to face in upcoming years. Scientific evidence confirms that the major impacts of climate change in the MENA region would increase droughts and reduce freshwater supplies. On 28 July 2009, Iraq conpleted the ratification of UNFCCC and Kyoto Protocols that entered into force on 26 October 2009. NI and TRI have agreed with the MOE on a 5-year work program supported by IMELS that is focused on providing technical assistance to the MOE in implementing these agreements. Besides MOE, several other ministries are involved in addressing the effects of climate change, including: MOA (sustainable agriculture and forestry, combating desertification, addressing salinization of soil and waters, maintaining agro-biodiversity, ensuring bio-safety, and conserving biodiversity), MOWR (sustainable management of water resources, combating desertification, addressing salinization of soil and waters, and conserving biodiversity), Ministry of Planning (urbanization, infrastructures, control and reduction of GHG emissions), Ministry of Oil (oil sector development, control and reduction of GHG emissions), and Ministry of Energy and Transport (infrastructures, control and reduction of GHG emissions). UNCCD In the framework of the Convention to Combat Desertification, the responsibility for implementation at a national level belongs to the MOA, which has the duty of enacting legislation on land tenure and territorial assets, and of delegating, at the local scale, the task of drafting rural development plans. These plans will also involve core competencies of the MOE, such as the restoration and management of water resources and marshland areas to combat and mitigate the adverse effects of drought and prevent desertification.
With National Law No 31, Iraq has confirmed its commitment to fulfilling its obligations under the Convention for Biological Diversity. In order to draft a NBSAP for Iraq as soon as possible, it is important to address legislative and regulatory needs that would be necessary to implement it. The NBSAP will encompass a variety of subjects and issues normally delegated to various institutional bodies. Therefore though useful, a law to adopt the strategy approved by all existing ministries cannot, by itself, be the only answer to the complex problem of implementing the NBSAP. Too often perfect laws remain unimplemented because of lack of interest or shared vision among the stakeholders. The only way a NBSAP can be drafted and applied in Iraq is the enthusiastic participation of the relevant institutions in the entire process. The National Biodiversity Committee has to build its own capacity and become the leader of the strategy, supported by a law that would state the obligations and responsibilities of each Ministry. |