Sarhad Provincial Conservation Strategy - IUCN

6
G O V E R N A N C E & C A P A C I T Y D E V E L O P M E N T
nized with the Federal law. But it should be possible
to cover areas that may not be included in the
Federal legislation. Similarly, it should be possible to
allow for tighter standards, if desired, by the
province. In effect, this section of the proposed
NWFP law is the only one also covered by the proposed
Federal statutes.
Most important of all, given the prevailing lack of
respect for and lack of a legal mandate in the existing
environmental law, the NWFP Environment Act must
provide a strong legal basis for the EPA and for its
ability to enforce the law. A key component of this is
a provision to appoint environmental protection officers
who can enforce the law through summary conviction
for minor offenses and through formal charges
for major offenses. The present system of using the
conventional police force is unworkable and open to
abuse. Of course, the laws must also include provisions
defining offenses and penalties that are commensurate
with the scale of the offense committed.
Finally, the legislation should include a clear statement
of objectives and principles that can guide all
those who are responsible for the Act and the spirit in
which it was written. This is particularly important for
the judiciary or magistrates who interpret the legislation.
If legal ambiguities are faced in a particular
case, then they may refer to such a section to gain
insight into the intention of the legislators.
The basic principle embodied in this aspect of law
reform is to strike a balance between positive, voluntary,
participatory approaches to environmental management
and protection, and the more conventional
environmental regulation, which emphasizes punitive
approaches only. This will be the overriding precept
for the development of the Act. Sample objectives of
the proposed environmental legislation are given in
Box 6.3.
In summary, the new Act will include the following
basic features:
■ a statement of objectives and guiding principles;
■ an environmental bill of rights for citizens;
■ the environmental responsibilities of Government;
■ a partnership programme;
■ establishment of a land use planning process;
■ protection of biodiversity;
■ protection of cultural heritage;
56 SARHAD PROVINCIAL CONSERVATION STRATEGY
■ provision for environmental impact assessment;
■ establishment of environmental protection rules;
■ protection of environmental health;
■ establishment of an environmental research
programme;
■ effective enforcement provisions; and
■ education and public awareness programmes.
Similarly, the citizens’ bill of rights would ensure
that there was more administrative accountability in
Government. Its features will include:
■ obliging the Government to protect the environment;
■ giving legal rights to citizens to protect the
e n v i r o n m e n t ;
■ ensuring employees protection if they identify
environmental problems in their work place;
■ ensuring rights for public participation;
■ giving the right to take legal action; and
■ requiring investigation of complaints by citizens.
6 . 6
P R I VAT I Z ATION,
INCENTIVES & PA RT N E R S H I P S
Development of an integrated system of economic
and industrial growth along with sustainable environmental
conditions is one of the greatest challenges
our society faces in today’s world. Industrial growth
and expansion has the potential of upgrading or of
degrading the environment. Pakistan, being a developing
country, faces the dilemma of how to develop
its industrial base while keeping the environment
NWFP LEGISLATION: BOX
SAMPLE OBJECTIVES
6.3
■ To protect essential relationships between living
things and to conserve the diversity of life.
■ To ensure wise management of the environment.
■ To promote sustainable development.
■ To ensure consideration of environmental social and
economic effects in public policy making.
■ To recognize the interests of NWFP residents in the
regional, national, and global environment.
■ To use the knowledge and experiences of NWFP
residents in making public policy on the environment.
■ To increase involvement by NWFP residents in decisions
that affect the environment.