Sarhad Provincial Conservation Strategy - IUCN
Sarhad Provincial Conservation Strategy - IUCN 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.
clean and its industry competitive so that it is ready to face the challenges of the General Agreement on Tariffs and Trade with monitoring by the World Trade Organization. In particular, the forthcoming ISO 14000 standards could dramatically affect the competitiveness of ‘dirty’ industries. The NWFP has an abundance of natural resources that need to be explored. This is very necessary for the growth of its economy and progress towards a developed industrial base. The natural resources can, however, be destroyed if they are not properly maintained. While the sustainable use of these resources can ensure long-lasting development, a balance must be found between growth and the environmental decline that can follow economic exploitation without checks and balances. As Pakistan moves from a state-run economy towards a market-oriented economy, it needs to explore ways to encourage Government and private-sector partnerships. It needs to find ways to develop natural resources in a manner that does not create a threat to natural habitats. The balance between the ecosystem and economic growth needs to be maintained. The privatization process and trade liberalization are giving rise to a new breed of entrepreneurs rushing into business, sometimes using out-of-date or dirty technology. There is the potential for more environmental abuse. The privatization of Government-owned industries can provide new life to badly run and poorly maintained state industries with a more efficient management and fresh start. This in turn can allow them to invest in making their factories more environmentfriendly without losing a competitive edge. Government can be very instrumental in this regard. Incentives can be provided to industrialists to help cover the costs of better technology from industrial countries. Industries with non-toxic and biodegradable waste can be encouraged. Steps also need to be taken to reduce toxicity from the waste before it is discharged into streams. Similarly, deregulation is occurring to improve competitiveness, but care needs to be taken so that the environment is maintained. Trade liberalization is needed for the over-regulated economy, but complete deregulation can be very dangerous. Regulatory bodies, such as the EPA, need to be 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 6 empowered to keep a vigilant eye on industries and to help entrepreneurs develop environment-friendly businesses. They need to have supporting legislation to enforce the guidelines laid out by the Environment and Urban Affairs Division and slowly move towards adopting the more stringent best practicable technology. In addition to a regulatory role, however, there are a series of positive steps that Government can take to encourage good behaviour: ■ provide economic instruments such as tax incentives; ■ ensure a level playing field for ‘green’ technologies; ■ review economic policies; ■ remove disincentives to sustainable development; and ■ ‘green’ the Government budget. These are some of the structural instruments that can be used. Although the Government has not yet begun to work in this area, it will begin to do so during the ‘transition to implementation’ phase over the next three years. To ensure that an examination of economic instruments and economic policies is properly focused, each proposal must be measured against specific criteria: environmental significance, socio-economic impact, fiscal impact, stakeholder support, data availability, administrative manageability, cost of administration and compliances, employment implications, and ability to demonstrate leadership. The case of black polythene bags provides a recent example of Government action with respect to an industry that might have been handled differently. While the first instinct of Government was simply to order a shutdown of the entire industry, this would have been disastrous for its employees. A better approach, in addition to asking for voluntary compliance with environmental regulations, would have been to help the industry find alternative uses for the technology and to provide fiscal incentives for conversion to other products. In the end, the industry was not shut down, but a duty was placed on the black bags in an effort to make them as expensive as white polythene bags. This form of disincentive, while it may work, increases consumer costs across the board, which is not good public policy in a poor country. An additional positive step would be to educate consumers to switch away SARHAD PROVINCIAL CONSERVATION STRATEGY 57
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clean and its industry competitive so that it is ready to<br />
face the challenges of the General Agreement on<br />
Tariffs and Trade with monitoring by the World Trade<br />
Organization. In particular, the forthcoming ISO<br />
14000 standards could dramatically affect the competitiveness<br />
of ‘dirty’ industries.<br />
The NWFP has an abundance of natural<br />
resources that need to be explored. This is very necessary<br />
for the growth of its economy and progress<br />
towards a developed industrial base. The natural<br />
resources can, however, be destroyed if they are not<br />
properly maintained. While the sustainable use of<br />
these resources can ensure long-lasting development,<br />
a balance must be found between growth and the<br />
environmental decline that can follow economic<br />
exploitation without checks and balances.<br />
As Pakistan moves from a state-run economy<br />
towards a market-oriented economy, it needs to explore<br />
ways to encourage Government and private-sector partnerships.<br />
It needs to find ways to develop natural<br />
resources in a manner that does not create a threat to<br />
natural habitats. The balance between the ecosystem<br />
and economic growth needs to be maintained. The privatization<br />
process and trade liberalization are giving<br />
rise to a new breed of entrepreneurs rushing into business,<br />
sometimes using out-of-date or dirty technology.<br />
There is the potential for more environmental abuse.<br />
The privatization of Government-owned industries<br />
can provide new life to badly run and poorly maintained<br />
state industries with a more efficient management<br />
and fresh start. This in turn can allow them to<br />
invest in making their factories more environmentfriendly<br />
without losing a competitive edge.<br />
Government can be very instrumental in this regard.<br />
Incentives can be provided to industrialists to help<br />
cover the costs of better technology from industrial<br />
countries. Industries with non-toxic and biodegradable<br />
waste can be encouraged. Steps also need to<br />
be taken to reduce toxicity from the waste before it is<br />
discharged into streams.<br />
Similarly, deregulation is occurring to improve<br />
competitiveness, but care needs to be taken so that<br />
the environment is maintained. Trade liberalization<br />
is needed for the over-regulated economy, but complete<br />
deregulation can be very dangerous.<br />
Regulatory bodies, such as the EPA, need to be<br />
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 6<br />
empowered to keep a vigilant eye on industries and<br />
to help entrepreneurs develop environment-friendly<br />
businesses. They need to have supporting legislation<br />
to enforce the guidelines laid out by the<br />
Environment and Urban Affairs Division and slowly<br />
move towards adopting the more stringent best<br />
practicable technology.<br />
In addition to a regulatory role, however, there<br />
are a series of positive steps that Government can<br />
take to encourage good behaviour:<br />
■ provide economic instruments such as tax incentives;<br />
■ ensure a level playing field for ‘green’ technologies;<br />
■ review economic policies;<br />
■ remove disincentives to sustainable development;<br />
and<br />
■ ‘green’ the Government budget.<br />
These are some of the structural instruments that can<br />
be used. Although the Government has not yet begun<br />
to work in this area, it will begin to do so during the<br />
‘transition to implementation’ phase over the next three<br />
years. To ensure that an examination of economic<br />
instruments and economic policies is properly focused,<br />
each proposal must be measured against specific criteria:<br />
environmental significance, socio-economic<br />
impact, fiscal impact, stakeholder support, data availability,<br />
administrative manageability, cost of administration<br />
and compliances, employment implications,<br />
and ability to demonstrate leadership.<br />
The case of black polythene bags provides a<br />
recent example of Government action with respect<br />
to an industry that might have been handled differently.<br />
While the first instinct of Government was simply<br />
to order a shutdown of the entire industry, this<br />
would have been disastrous for its employees. A<br />
better approach, in addition to asking for voluntary<br />
compliance with environmental regulations, would<br />
have been to help the industry find alternative uses<br />
for the technology and to provide fiscal incentives<br />
for conversion to other products. In the end, the<br />
industry was not shut down, but a duty was placed<br />
on the black bags in an effort to make them as<br />
expensive as white polythene bags. This form of disincentive,<br />
while it may work, increases consumer<br />
costs across the board, which is not good public<br />
policy in a poor country. An additional positive step<br />
would be to educate consumers to switch away<br />
SARHAD PROVINCIAL CONSERVATION STRATEGY 57