Environmental Law in Poverty-Environment Mainstreaming:

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PEI Programmatic Approach to Poverty-Environment Mainstreaming: Finding the entry points and making the case, which sets the stage for mainstreaming, Mainstreaming poverty-environment linkages into policy processes, which is focused on integrating poverty-environment linkages into an ongoing policy process, such as PRSP or sector strategy, based on country-specific evidence, Meeting the implementation challenge, which is aimed at ensuring integration of poverty-environment linkages into budgeting, implementation and monitoring processes. Source: Mainstreaming Poverty-Environment Linkages into Development Planning: A Handbook for Practitioners, Chapters 3 – 6.

The two phases of this approach are as follows:  Making preliminary assessments to understand the country‘s governmental, institutional and political contexts, including the quality of the environmental law framework supporting sustainable use and management of natural resources in the overall country and programmatic context  Developing and costing policy measures in support of agreed goals, targets and strategies to support sustainable land and natural resource management The analyses of the relevant legal framework during the two phases are largely similar in scope and methodology. The difference lies primarily in the depth of the analysis. When making a preliminary assessment, it makes sense to make a less comprehensive analysis—i.e. to screen the situation—in order to reach a broad understanding of the strengths and weaknesses of the legal framework for supporting sustainable use and management of natural resources. Similarly, the strengths and weaknesses from the perspective of the legal empowerment of the poor and the relationship between state law and customary law and tradition should be analyzed at this screening level. When the legal framework‘s strengths and weaknesses to support specific policy objectives related to sustainable management of natural resources are considered, the analysis required to develop and cost policy measures must necessarily be more in depth. The objective for such a qualitative analysis should be to assess in more detail if the legal framework sufficiently supports the overall policy objectives and to identify areas in which legal reform may be necessary. The flowcharts presented in figures 2.1 and 2.2 outline a proposed approach for making the analyses at the two phases, respectively. The boxes in the flowcharts contain examples of questions and issues to be considered at the various steps in the process. They also reference the relevant sections in the primer where the user can find additional information. Note that the precise route to follow when making the analyses, as well as additional issues to consider, will ultimately depend on the specifics of each case.

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