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Illegal construction in D’shala (Pics): Would stop salary if no action taken against erring officials, HC warns TCP Secretary

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Dharamshala: During the last hearing in a petition on July 6, 2018, the Himachal Pradesh High Court had expressed displeasure with the government departments for the way they are responding to directions passed by it regarding action on officials responsible for allowing illicit and illegal construction by violating various construction laws and environmental guidelines.

We may also observe that since the year 2015, no action, whatsoever, stands taken against any one of the concerned officer(s)/official(s), who allowed such unauthorised construction to come up at the first place,

a bench comprising Acting Chief Justice Sanjay Karol and Justice Ajay Mohan Goel said during the hearing. 

Himachal Watcher also have some exclusive pictures and a video showing rampant damage to and felling of trees in the Dharamshala town due to alleged illegal construction activities despite court orders against the same.

The visuals show the apathy of the various government departments who are not discharging their duties but are still getting paid.

Ilegal tree felling in Dharamshala town 6

These photos were one of the evidence that exposed the deliberate damage illegal construction has caused to the trees in the town in broad daylight and resistance from concerned departments.

Ilegal tree felling in Dharamshala town

Pictures annexed with Local Commissioner’s report submitted to High Court

The pictures were taken by advocate Deven Khanna, who had visited the area under Municipal Corporation in April after the Court appointed him as the local commissioner.

Ilegal tree felling in Dharamshala town 5

The pictures show how unscientific and excess excavation of slopes was undertaken in such a manner that makes them vulnerable to damages and even felling during monsoon.

Watch Video

In fact, digging out soil beneath trees is deliberately used to fell trees, especially under the cover of monsoon rains. It was one of the revelations made in the local commissioner’s report submitted to the Court.

We have noticed, as is apparent from the report of the Local Commissioner, that private individuals are adopting different ways and means of ensuring that trees over their land, which are not only priceless but valuable from environmental point of view, are allowed to be felled/uprooted so as to make it appear that it is on account of natural calamity,

the bench observed.

It must be noted here that Dharamshala receives third highest rainfall in the entire country. The strategy is to fell trees by exposing their roots to the elements, then by digging out the land beneath them and waiting for the monsoons,

the local commissioner had specifically mentioned in his report submitted to the Court. 

The report had also mentioned that roads have been made in a very dangerous fashion. 

Two roads specifically were noticed (Maclodegunj to Dharamkot road and mountaineering institute road) where at least 500 to 1000 trees can be saved if restoration work is done immediately, said the report. 

Related Story: Did HP Govt finish Dharamshala’s ‘Core Area’ to facilitate illegal construction?

The remarks made during this hearing aptly confirmed unwillingness of the State government to take action against its erring officials irrespective of the ruling political party. 

Ilegal tree felling in Dharamshala town 4

The Court had pulled up the government for not taking action against erring officials posted during the time of illegal constructions in the town despite repeated directions.

Despite the Court having issued several directions, continuously since the year 2015, calling upon the authorities to check illicit and illegal felling of trees as also check unauthorised construction, there has been rampant, grave, unauthorised and illegal construction and felling of trees,

the bench observed.

Illegal tree felling in dharamshala

It is in 2018 that only after Court’s intervention such unauthorized structures are now being sealed and demolished, the bench further said. The government is not taking any action on its own.

Noticing absolute apathy on the part of the Government in taking action against any one of its officer/official, we do not hesitate to record that despite prodding, the Secretary, Town and Country Planning has not taken any action,

the bench observed.

We would not hesitate in expressing our displeasure on this count. In fact, we are of the view that salaries of all the persons who are supposed to monitor the construction activities, should be withheld, for they have failed to discharge their duties violators were endeavouring to procrastinate the proceeding pending before various authorities so as to obstruct and impede the enforcement of the orders passed by this Court,

the bench added.

As per Mr. Tara Singh Chauhan, standing Counsel, 70 individuals allegedly violating environmental laws were issued notices. This is in addition to the disconnection of water and electricity to 46 violators.

During a hearing on April 24, 2018, the Advocate General had told the court that despite directions passed by the court, the electricity of some of such consumers who had violated the law with impunity was not disconnected.

Related Story: Shocking video/photos expose Govt Officer’s lies about illegal slate mining in Dharamshala

The court also observed that it is only when the Court is passing orders, the officers/officials are taking action, rather reluctantly.

As the Court did not receive any explanation from concerned officials, the Court said it was in favour of stopping the release of their salaries.

We would have directed the salaries of such officer(s) / official(s) not to be released, but are persuaded by the learned Advocate General not to pass such orders,

the bench stated.

We clarify that if no such action is taken, we would not hesitate in stopping the salary of the concerned Secretary also,

the bench warned.

The bench has also directed the Director, Town and Country Planning and Commissioner, Municipal Corporation, Dharamshala, to submit the list of all the officers of the rank of Junior Engineer(s) and above, who were posted within the municipal limits of Dharamshala, since the year 2010, within two days alongwith their tenure and place of posting.

The Court has challenged the government’s disinterest in controlling corruption and sluggishness. The action of withholding their salaries would result in a reaction from the government. 

The next hearing is scheduled for July 30, 2018. 

Crucial Findings of Local Commissioner’s Report 

The local commissioner had suggested that at least 1,000 trees can easily be saved by putting iron meshes, stones and mud, or by putting retaining walls. The roots have to be covered and the spaces beneath the trees have to be immediately filled and supported.   

As an unfortunate fact, the report had stated that no attempt was being made to restore or protect the trees. 

Other points of the report:

  1. Permissions for felling of trees is not being accorded by tree authority/ tree committee after applying its mind to the situation, no attempt is being made to save the green trees, it was also noticed that the tree authority is not sitting every month as required by the statute.
  2. No tree has been numbered, in fact, the numbering of trees has not even begun, it seems like that the mandatory directions given in the famous forest case in the year 1996 have not been communicated or is being embarrassingly flouted by the forest department and municipalities of the state of Himachal Pradesh.
  3. No attempt is being made by the departments to include technology and use it as a tool to map out and number trees. With the help of satellite, mapping and numbering trees are quicker and one can get an approximation of the total number, same data can be corroborated with drone images to get a more accurate number.
  4. This task won’t ever be done by the forest guards as the area of Himachal is very huge with vast forest cover, this is the sole reason provided by the forest department for not numbering the trees since 1996 mandatory direction of T.N Godhaverman.
  5. That the Tree Authority shall ensure while granting permission to fell/cut trees that the applicant shall plant 10 other trees specifically “Tall Trees” of the same or other suitable species preferably on the same site or close to its vicinity within 60 days of the date when the tree is axed.
  6. The person/entity may also be asked to pay for the environmental damage (which can be the value of the wood + the loss of environment caused to the area), and such fund collected may directly be used by the “plant nurseries” in town for growing and maintaining “tall trees”.
  7. It is seen that, at present, the funds which are collected, are not directly used for restoring the area where felling took place. They are used for “reforestation activities” after a long process and such “reforestation activities” usually happen at some other place and not close to the vicinity of the damaged area.

Madan has studied English Literature and Journalism from HP University and lives in Shimla. He is an amateur photographer and has been writing on topics ranging from environmental, socio-economic, development programs, education, eco-tourism, eco-friendly lifestyle and to green technologies for over 7 years now. He has an inclination for all things green, wonderful and loves to live in solitude. When not writing, he can be seen wandering, trying to capture world around him in his DSLR lens.

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Watch: Baddi’s Kenduwal dumping yard exposes hypocrisy over Swachh Bharat

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Baddi solid waste management plant

Solan: The government agencies in Himachal Pradesh are quite infamous for disrespecting court orders, especially those relating to environmental protection. This time, we have a case where the local civic body first created an illegal dumping yard on a site selected and cleared for an integrated waste management facility and now covering it with soil and mud after the matter reached the State High Court.

In fact, the government does only what the court orders it to do after activists or the common people file petitions. There is a very clear hypocrisy going on over the Swachh Bharat campaign, which is often used to gain political mileage.

So far, the government has given no sign about being serious when it says, “The government is committed to protect and preserve the environment and ecology of the State.”

The ground-level situation of Solid Waste Management (SWM) in Himachal Pradesh can be best used to demonstrate this hypocrisy by both the current and succeeding governments and the public itself. There is no limit to the callousness of the government agencies at both local as well as the state levels.

Baddi MC waste

If we take up a particular case, then Baddi-Barotiwala-Nalagarh area in Solan district is perhaps in the worst state. The Municipal Council of Baddi and BBN Development Authority (BBNDA) are responsible for the collection and scientific disposal of waste generated in the area. Both agencies had joined hands with a proposal of managing waste disposal in the BBN area.

The MC and BBNDA were supposed to establish a facility where collected waste could be disposed of scientifically. They had obtained the clearance for the same on August 13, 2015, and were allotted 42 bighas and 13 Biswas of land in Kenduwal.

However, as expected, the facility never came into existence. Instead, the MC and BBNDA began dumping MC waste at the selected site and turned it into a big open dumping yard. Within a couple of years, the life of the locals residing very near to this illegally created dumping site became a hell as every day they faced foul smell, flies, mosquitoes.

The nearest house is located merely at a distance of 30 meters while the Sirsa river floodplain is not far at about 100 meters from the dumping site. The locals, supported by an environmental group Himdhara Collective, approached the local civic body and the district administration several times with their grievance. None of the two disappointed the locals and, as usual, didn’t move a muscle.

About 1200 villagers wrote to the President of India after they were disappointed by their own government. 

The State Pollution Control Board confined itself to issuing repeated notices to the local bodies to solve the grievance of the locals. While the MC and BBNDA didn’t care about these notices, the HP PCB did not proceed to take proper action.

Very recently, the matter reached the State High Court pleading for justice.

In the interregnum, we direct that no garbage shall be dumped into the land owned by the present petitioner or dumped at any other site, save and except, in accordance with law. We further direct the Senior Environmental Engineer of respondent No.3 to visit the site and after inspecting the same, submit his report with regard to the compliance of the statutory provisions,

a bench of then Acting Chief Justice Sanjay Karol and Justice Ajay Mohan Goyal had said in its order passsed on October 4, 2018.

However, both responsible bodies violated these orders as well and continued to dump garbage at the same site. The villagers captured videos of the same and wrote an application to the Superintendent of Police, Solan. The SP was informed regarding the violations of the court orders.

Letter to the SP Solan by Kenduwal petitioner

Letter written by villagers to SP Solan

The Court directed the Senior Environmental Engineer of the HP PCB to file a status report regarding this matter within four weeks

As per the report of the Chief Engineer dated October 15, 2018, the MC, Baddi and BBND hardly collect 30-40 percent of total solid waste generated, which is about 50 tons per day in this case. The collected waste is dumped at Kenduwal while remaining can be found scattered near the BBN area.

HP PCB has repeatedly directed the Municipal Council and BBNDA to dispose of the waste in a scientific manner in accordance with the provision of SWR,

2016, the report submitted to the court said.

The Municipal Solid waste is being collected unsegregated and transported to MSW site at Kenduwal where it is being dumped unscientifically. Most of the time it remains exposed in an open atmosphere and sometimes covered with soil layer, which is a breeding place for flies, mosquitoes, rats etc. The nearest human habitation is a house located at about 30 meters from the boundary of the dumping site, whereas the flood plain of river Sirsa is about 100 meters away from the site,

the report said.

The court concluded that despite having a clearance for the proposed facility to dispose of this waste scientifically, the MC and BBNDA failed to perform their duties.

We have gone through the contents of the report and are satisfied that prima facie, Municipal Council, Baddi, as well as Baddi-Barotiwala-Nalagarh Development Authority (BBNDA), have failed to perform their duties towards collection of solid waste and its dumping in a scientific manner at the MSW disposal site at Kenduwal, for which requisite clearance has been already granted by the Ministry of Environment and Forests,

a Bench of Chief Justice Surya Kant and Justice Ajay Mohan Goel directed the MC and BBNDA.

The court also directed the local agencies to take immediate action on the report of the Senior Environmental Engineer.

We direct both the aforesaid Agencies to immediately act upon the report of the Senior Environmental Engineer and submit their respective compliance reports within four weeks. Any delay or defiance will be viewed seriously,

the court directed the MC and BBNDA.

However, the entire waste at the dumping site is being buried under mud and soil.

MC Baddi/BBDNA may be asked to transport the waste as per the past practice of disposing the waste to the Jaypee Plant in Sector 25 of Chandigarh or to Mars Envirotech Ltd. Lalroo (Dera Basssi), Punjab or setting up of ward level compositing/shredding machines till the erection, commissioning and time-bound setting up of Solid Waste Management facility at Kenduwal Baddi, for the cluster of Baddi-Barotiwala-Nalagarh area,

the report submitted to the court said.

According to the 2011 Census, the total pollutions of the Baddi MC and BBNDA area were 29911 and 29293 respectively while the total amount of waste generated per day was 25.50 tons and 20.30 tons respectively. The number of migrant labourers or workers from other states was not included in this Census. The populations in both the areas have increased by 2018, which implies growth in a waste generation too. But the responsible government bodies, as well as the district administration, are completely blank when it comes to the chapter on waste management. The Solid Waste Rules, 2016, do exist but only in papers.

The report of the PCB Environmental Engineer aptly proves it.

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Watch: Tribals in Kinnaur village blow off HPPCL, police allegedly trying to fool them over hydro project

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Lippa villager tribals vs hppcl

Kinnaur: The Lippa Village in Kinnaur is one of the several villages including Rarang, Pangi and Telang that are facing pressure from the Himachal Pradesh Power Corporation Limited (HPPCL) to allow them to start construction work on the 130 MW Kashang Stage II and III power project despite a stay given by the National Green Tribunal (NGT) in May 2016.

As per the villagers, the NGT had held that no objection certificate should be obtained from the affected village gram sabhas before issuing a forest clearance. However, the gram sabhas never gave any NOC as their individual claims under the Forests Right Act 2006 were not settled yet. However, the HPPCL claims it possesses the NOC given by the villages and trying to re-open the construction work using various pressure tactics, allege the villagers. The villagers question the Corporation from whom did it obtain the NOC.

On October 9, 2018, the HPPCL staff came to Lippa village with a heavy local police force to discourage villagers from protesting. What requires attention here that the district administration and the local police, thus the State Government, are assisting the Corporation in its bid to violate the court orders. Moreover, as seen in the video, a local police official was also seen arguing in support of the Corporation with the villagers when it wasn’t actually his job.

They definitely underestimated the villagers considering them mere bunch of tribals and tried to fool them.

However, they faced severe protests and demonstrations from the locals, united under the banner Paryavaran Sanrankshan Sangharsh Samiti. Eventually, the HPPCL staff and police force had to retreat after villagers stopped and reasoned with them.

Another fact that needs attention here is that the villagers reasoned with them legally. They were aware of all proceedings of the court as well as its directions to the Corporation. The Corporation and the police tried their best but couldn’t confuse villagers by flashing papers signed by the Deputy Commissioner of the Superintendent of the Police.

The work on the project cannot be started by HPPCL on account of the non-completion of the process under the Forest Rights Act 2006 in the area,

said members of the Samiti.

Watch Video

The National Green Tribunal on May 4, 2016, directed the Ministry of Environment and Forests and the State Government of Himachal to place the forest clearance proposal in front of the affected Gram Sabhas for their perusal. The judgment was passed in an appeal filed by Paryavaran Sanrankshan Sangharsh Samiti Lippa against the forest diversion for the said project.

Lippa village picture

Lippa Village in Kinnaur, Photo: Manshi Ashar

The appeal was made on the grounds that HPPCL had violated the provisions of the FRA Act, which require a mandatory NOC of the Gram Sabha of villages to be affected by the diversion of forest lands for the project.

The judgment had concluded that “the Gram Sabha shall consider all community and individual claims” in the process bringing under it the cultural, religious, environmental and livelihood impacts caused due to the loss of forests and water sources.

The process of filing claims on forest land under the Forest Rights Act was initiated by the Forest Rights Committee of Lippa, formed for verification of the claims in the year 2016 itself. As many as 47 individual claims and one community claim were sent to the sub-divisional level committee (SDLC) Pooh, the Samiti said. However, the process of settlement under FRA 2006 has been slow due to the apathy of the administration and the State Government, the Samiti alleges.

It said that last month the District Level Committee has recommended the Community forest rights claim of Lippa whereas the Individual claims were not yet recommended. No specific objection or reason has been stated by the SDLC held on August 31, 2018, as to why the individual claims were being returned and not recommended. The people are in the process of filing petitions to the DLC requesting the SDLC to state the reasons based on which they have not been recommended.

Meanwhile, the Samiti alleges, the company, instead of waiting it out till this process is complete has been pressurizing the villagers to allow them to start work on the project in the area for which the forest rights claims have been filed.

In 2017, the State of Himachal Pradesh falsely contested in front of the NGT that despite sufficient time the claimants (residents of Lippa) have not submitted their claims and have not been cooperating, said the Samiti.

Following submissions from the Paryavaran Sangharsh Samiti that the claims were already under process, the NGT put on record in December 2017 and January 2018 that individual and community claims had, in fact, had been filed by the villagers.

It needs to be noted that the final judgment and subsequent orders of the NGT clearly state that the project proponent can approach the village for the consent of Lippa gram sabha on forest diversion for Kashang integrated project stage I and III only when the process of settlements of rights under FRA gets completed

Despite this, the HPPCL has used various pressure tactics on us to allow construction work. Various visits have been made by project authorities to the village to misguide and intimidate the people and begin work. On August 24, 2018, the Superintendent of Police, Rekong Peo issued a letter stating that the project proponent would have to be given police protection as they had completed all legal requirements as per the NGT orders. This is completely false,

said the members of the Paryavaran Sangharsh Samiti.

We are extremely troubled that instead of waiting for the process under FRA to be completed and following the spirit of this act of the Parliament as well as the NGT order, the company is misleading the police and seeking police protection against the interests of the community,

the members further said.

The Paryavaran Sangharsh Samiti Lippa also sent a counter to the Superintendent of Police with a point-by-point response on the false objections raised. The counter also stated that “in case of any violation we will be forced to file a complaint under the Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act, 1989 and Amendment Act, 2018”.

The Section-3(g) of this act states that wrongfully dispossessing a member of a Scheduled Caste or a Scheduled Tribe from his land or premises or interfering with the enjoyment of his rights, including forest rights, over any land or premises or water or irrigation facilities…by a non-SC-ST person (without consent or against will) is a punishable offence.

Despite that, the police entered the village on October 9 to pressurize the villagers. However, after the protests and detailed deliberations, the official team and police were forced to return.

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In times of climate change, how do Himachal’s people want their mustard?

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Farming of Mustard Oil in Himachal Pradesh

If one was to walk through a village in Himachal Pradesh in the early 1940s, there would be the sound of many wooden wheels turning. One of them would be the spinning wheel (charkha) used to make thread from sheep’s wool for weaving coats or chola and pattu on a loom (khaddi).Another would be a water wheel (gharaat), which rotated in the water of the kuhlsor canals, grinding the wheat in the mill or chakki above. While these first two wheels continue to exist, albeit in small numbers, the third village wheel has almost completely disappeared. The third wheel, the oil mill or kolu, used the force of ox and buffaloes to turn a heavy stone, which in turn would grind mustard and flax oil seeds into fresh oil.Although Himachal does not produce as much mustard as the larger states in North and Western India, it has always been an essential crop to everyday life.

Spinning the wheel of time back to the 1940s again, we learn that the kolus or oil-press mills were run mainly by Muslim families. As Pradan Ram of Rakkar village, Kangra district said,

The Muslim families that were our neighbours ran these oil mills. They were the telis. Some of them also played shehnai at the temple, but most of them ran the oil mills. We would take our mustard or flax seeds and get them ground at the mills. In the higher up regions of Kullu- Lahaul, people made walnuts, apricots and other oils. Nobody bought oil from any shop! We would pay the teli with our grain.

Post-partition, the Muslim population in most parts of Himachal Pradesh diminished, and now stands at around 4% living mainly in Chamba, Una and Solan districts. From a history of great syncretism, and communities living and sharing resources together, what followed were times of great division. These divisive times were seen in agriculture with the impact of the Green Revolution in the 1960s, where the Barah Anaaj or 12 mixed crop system, of which mustard is an important crop, began to disappear in favour of monocropping. These 12 crops used to include combinations of maddua (finger millet), ramdana (amaranth), rajma (kidney bean), mung (green gram) lobia (black-eyed peas), kuttu (buck wheat), kulath (horse gram), makki (corn) and math (a local soya bean), alsi (flax seed for oil), sarson (mustard seed), sorghum (jowhar), pearl millet (bajra), chana (chickpeas). In addition to this gourds, greens and wild vegetables and flowers were grown and collected.

Each of these crops has a different resilience, some thrive acidic soils, some can survive floods, while others can survive droughts. In fact, the traditional seeds of our region are treasures that also have unique tastes and health properties.

shares Mansingh of Nain village, Kangra district.

As wheat and rice became more popular, in the 1990s, farmers began to practice mixed farming, however no longer of twelve crops. Mustard continued to be the main crop, grown in almost every farmer’s field. While the Kharif crop would have corn in the higher fields, rice in the lower fields mixed with chickpeas or lentils, the rabi crop, would have wheat along with math and mustard. While the math seed provides nitrogen to the soil, the mustard was known to support the wheat crop.

When it rains heavily, the wheat crop can fall, therefore we grow mustard alongside so that they can bear each other’s weight,

shared Kavitha Devi a farmer of Sukkad village in Kangra district.

Another turning event for farmers was in 1998 when the Indian government ordered all traditional oil mills to shut down and they were deemed unsafe. Coincidentally, this was the time when cheap GMO soya oil began to flood the Indian markets. Many farmers who did not grow enough mustard for oil and depended on the shops were now caught in a dilemma.

There was a time when we began to receive refined oil in the fair-price ration shops at one time, which sold cheaper than mustard oil. While some of the people bought it, they realised that they were increasingly getting joint paints. We complained in our panchayat and then demanded sarson oil,

Says Jagat Ram the owner of a fair price shop in Rakkar in Kangra district. Both Tibetan and Ayurvedic doctors in the region back up this claim saying that mustard oil eases joint pains and is good for health in general, whereas refined oils cause mass arthritis. Although the mustard oil in the ration shops comes from Punjab and not their own fields, farmers in Himachal stood up for the mustard seed as an important part of their lives.

However, since the 2000s, this intrinsic importance has begun to be questioned. This is for several reasons, one of them being the financial pressure to grow cash crops (apples, ginger, kiwis, off-season vegetables) that can sell at a higher price. Another big factor is climate change, where unpredictable weather patterns have set in. The Agriculture Department has identified that the local mustard varieties are facing a major aphid insect problem due to climate flux and recommend the use of hybrid seeds.

The University recommends the gobi and farm hybrid seeds and this is what we distribute,

says a worker at the Agri Department outpost in Sheela Chowk, Kangra District. Most farmers nowadays grow their wheat crop without intercropping with mustard. They grow the two crops separately.

As traditional seed saving dwindles, adding in the problem of monkeys and furthermore erratic rains and hailstorms, farmers are in crisis. In what scientists of Delhi University and the Deepak Pental team feel is the solution for agriculture, seeds of GM Mustard are being proposed as a move towards the future.

When told about GM Mustard, some farmers like Vimla Devi of Banala, Kangra district outrightly refuse the idea. She says that there are plenty of local varieties of mustard in Himachal and it is a question of reviving them.

We prefer our local mustard seeds, black and white seeds, as the saag is tasty, they give plenty of oil for cooking, medicine and our hair and we can use the dried stalks as a broom as well,

she said. 

Small farmers across India have gone on a Sarson Satyagraha to prevent GM Mustard from being released. Although India illegally imports GM foods, if GM Mustard is approved, it will be the first GMO food crop being grown in India. Governments of Kerala, Tamil Nadu, Delhi, Bihar, Odisha, Madhya Pradesh, Haryana and W. Bengal have said NO to GM Mustard stating that GMOs have been proven to have health effects but more to take away farmer sovereignty and make them dependent on companies, Universities and the State. GM crops also destroy diversity, meaning that they require a monocrop plantation, and cannot co-exist in mixed farming fields like earlier.

At this critical juncture, in times of climate change, one can only hope that the “wheel of time” in Himachal Pradesh withstands the pressure of the future, looks to its small holder farmer with their history of successful mixed farming and manages to revalue what the past has left behind. After all, without mustard oil in the madra curry in the village dhaam feast or pathrode made of mustard and collocasia leaves in the monsoons, and even more ‘makki di roti and sarson da saag’ in the winters, life for pahadi people is incomplete!

Author Aditi Pinto is based in Rakkar, Himachal Pradesh. She uses writing to give a historical perspective to the current environmental crisis.

This story is being published as part of a GIZ-CMS Fellowship

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