Lahore Court Orders Pakistan To Enforce Climate Change Policies

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First published in Sanctuary Asia, Vol. 35 No. 9, September 2015

In his judgment, Shah ordered the establishment of a National Climate Change Commission with a clear agreement to ensure effective implementation of the policies, along with various institutional measures. The verdict was passed within a month of farmer Asghar Leghari's Public Interest Litigation (PIL) presentation to the Lahore High Court's Green Bench. He charged the passivity of government and the officials with failing him as a citizen, and brought to light the serious threats the country could face as a consequence of climate change.

A pro-poor and pro-development man by virtue, Justice Shah agreed with the case and concluded “The most serious threat faced by Pakistan is that of climate change." His court order stated, “For Pakistan, climate change is no longer a distant threat - we are already feeling and experiencing its impacts across the country and the region. The country experienced devastating floods during the last three years. These changes come with far reaching consequences and real economic costs."

The judge ordered all the federal and provincial government's main ministries to appear before him and explain their inaction within the week. In one month, Judge Shah had summoned the country's main officials; chartered crucial points for each government department; and appointed a Climate Change Commission to ensure the execution of the framework. Using a fundamental rights and constitutional duties angle, the judge imposed within a month what others ignored for years.

Judge Shah's intention was not to “put officials on the mat" but to help them. He noted that many were “totally at sea" with “no idea what was going on or what climate change was", and stressed the need for greater awareness raising and capacity building. He characterised the case as having “jump-started" the government's climate change efforts at a time when they had been “totally dead".

The Leghari case shows that just one citizen can make a difference. The Commission is now due to meet on October 1, 2015, and tasked with coming up with implementation targets by December 2015.

Source: Responding to Climate Change

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