The Skies Above & The Land Beneath - Abdullah Shah

Pakistan has been an active member of the international community since its birth in 1947. It has been advocating for its issues ranging from territory to now the recent debate on environment and climate change. Under the same light, Pakistan is a profound signatory of many of United Nations’ treaties on the conservation of environment. However, despite the above mentioned steps taken by this young democracy, the legislature has rather been inactive to turn its promises into realities.

Internationally, the cry for protection of our environment has been deafening. Pakistan too, has actively supported the treaties on environment protection such as United Nations Framework Convention on Climate Change (UNFCCC) 1992, Kyoto Protocol 1997, the recent Paris Agreement 2016 and many more that have also been duly ratified. In order to forward the spirit of its promises, the legislature of Pakistan passed the Pakistan Environment Protection Act (PEPA) 1997 in hopes to prevent the already rampant consequences of climate change.

Analyzing PEPA and the subsequent case law, it is pellucid that there is a clear lack of correspondence in the international treaties and the application of domestic legislation. PEPA, under its substantive law, has focused on numerous aspects that contribute to the deterioration of the environment such as, inter alia, prohibition against certain discharges, import of hazardous wastes, and regulation on motor vehicles.

On the face of it, the legislation seems to have covered potentially most of the causes of climate change, however, according to the IQAIR’s air quality index, Pakistan’s air quality is 13.4 times the World Health Organization's annual air quality guideline value, an alarming situation to say the least. Even the report by Pakistan Environmental Protection Agency on 12th December, 2022 states that the concentration of Nitrogen Dioxide (NO2), Sulphur Dioxide (SO2), and other hazardous substances is above the permissible limits of National Environmental Quality Standards.

The reason for the hazardous air quality index which is gravely detrimental for any living breathing being, let alone asthma patients and children, is Pakistan’s non conformity with not only the environmental standards set by international treaties, but also with its very own PEPA.

Reasons for Non-Compliance with PEPA.

There are a plethora of reasons why compliance with PEPA is close to none when it comes to industries working in the country, some are as follows:

1, Lack of involvement from the management

The Pakistani business management lacks the initiative and tenacity needed to meet the established criteria.

2, Costs/Financial Resources

In order to comply with international standards established by treaties and state law, businesses must install environmentally friendly machinery and equipment. Additionally, businesses and industries must pay the cost of these equipment, which reduces their profit margins.

3, Technological Restraints

The lack of technologically advanced research and equipment in Pakistan makes it difficult and expensive for us to comply with international environmental requirements.

4, Lack of Involvement from Employees

Along with the management, the staff also displays a lack of resiliency when it comes to adhering to international standards and disposes of their waste without considering the potential harm to our ecosystem.

5, Lack of Government Funding/assistance to industries

While the government is eager to sign accords, it has not provided the necessary funding to truly abide by them. Industries are less inclined to be environmentally friendly as a result of lack of government support.

6, Uncertainty about environmental regulatory changes

Another factor hindering the development of an environmentally friendly manufacturing sector in Pakistan is the absence of a comprehensive legal framework that addresses the country's environmental issues. Policies frequently change as a result of political uncertainty, which typically makes compliance difficult.

The Way Forward

The need for change is essential and urgent therefore, it is important to update and present new solutions. The future calls not for more stringent legislation but rather incentivization to the ones with smoking chimneys to positively comply with the regulations. In the United States of America, the concept of command and control regulations are being replaced by incentives which are proving to be more efficient in promoting conservation of environment. Rather than charging the pollutant, they reward the follower. Examples of incentives include grants, low-interest loans, preferential tax treatment, procurement regulations, agricultural grants for erosion control, low-interest loans for small farmers, grants for land conservation, and loans & grants for recycling industrial, commercial, and residential products. Similar to taxes, subsidies not only provide incentives for reduction in emissions, but also promote market entrance to be eligible for the subsidy.

The benefits of positive reaffirmation versus negative consequences are also determined by human psychology. Pakistan could also use incentive programmes to encourage PEPA compliance by awarding certificates to businesses which comply with environmental standards as set by the legislation, and publishing a list of these businesses each year to persuade other businesses to follow their footsteps. These businesses should also be given better access to loans, grants, export/import privileges, resource incentive rates, and tax breaks.

In light of the above, Pakistan evidently requires immediate action and strict compliance with environmental standards to prevent natural catastrophes. It is indeed delayed gratification but the consequences of ignorance are far greater. We can only hope that the legislature and the major contributors towards environmental degradation can work together in protecting the skies above and the land beneath us