Definition and Historical Development of EJ
The U.S. Environmental Protection Agency (EPA) defines EJ as an idea that all should be treated fairly and be equally included in the decision-making, implementation, enforcement of environmental laws and policies irrespective of their race, color, national origin, or income. The purpose of this specific definition is to have a levelized stage for all stakeholders to enjoy the same extent of protection to live, learn, and work in a healthy environment.
The definition provided by the EPA is important because the EJ movement began in the late 1970s in Warren County, North Carolina. The 6,000 truckloads of contaminated soil with toxic polychlorinated biphenyls (PCBs) were dumped in a vicinity that was inhabited by Black people in the rural areas. This led to a snowballing of protests, writings, coalition groups, and various movements that gave an impetus to the development of EJ as a full-fledged legal concept in the whole world. The landmark Executive Order 12898 issued by President Clinton required federal agencies to make only such policies that would not negatively affect the health and well-being of low-income families and people of color.
The Warren County Protest momentum and series of reactions are closely tied to the legacy of colonialism and the concept of ecological debt. EJ is deeply embedded into the historical exploitation of resources in the developing countries (global South) by the developed countries (global North). The mistreatment of natural resources has created “ecological debt,” where the North has reaped benefits from the South at unjustifiable low costs, with no regard to environmental and social costs. The rapid industrialization by overusing global resources has led to a larger ecological footprint of the North, which is suffered by the South. As a result of mass extractions, the South has borne the environmental burdens for being the dumping grounds of waste exports from the North, as noted by economists Timmons Robert and Bradley Parks in the Routledge Handbook of International Environmental Law (2012).
The historical imbalance has been evidenced in the emissions data, with the North being responsible for hefty greenhouse gases and deforestation around the world. Article 3(1) of the United Nations Framework Convention on Climate Change (UNFCCC) acknowledges this difference and calls for the developed nations to take lead in efforts to combat climate change and to resolve the inequality among North and South.
EJ in Context of Pakistan
Environmental issues are chronic, ubiquitous, and require sound legal development to practice environmental justice. In Pakistan, the Constitution is a working document that evolves to deal with modern issues. Constitutional courts are at the epicenter of interpreting and implementing constitutional rights from an environmental perspective. The 2012 Bhurbhan Declaration paved the way for Lahore High Courts green benches. Article 199 and 182 (3) of the Constitution of Pakistan has enabled High Courts and Supreme Court to proactively tackle public interest environmental litigation. The judicial precedents that balance environmental conservation have been proved in landmark decisions such as Shehla Zia v. WAPDA, the Khewra Mine Case, etc. where the concept of fundamental rights has been expanded by including the right to a clean and healthy environment. More recently, Lahore Development Authority v. Ms. Imrana Tiwana case, more popularly known as the Signal Free Corridor case, set a precedent to ensure courts’ active role in allowing only sustainable development projects and climate justice. All these judicial interventions highlight the idea of environmental constitutionalism in the legal landscape of Pakistan, which is a useful tool for an environmentally just future.
Moreover, EJ principles secure two-fold importance as to ensure there is equitable energy availability in Pakistan. Energy in the context of EJ refers to reliable and affordable power sources that have minimal negative impacts. The key aspects of the energy sector lie in access to clean and affordable energy, with minimal negative impact on the environment, sustainable resource management, acknowledgment of social implications of energy access and production, and equitable distribution of benefits and issues associated with energy production and consumption in Pakistan. A few prime examples of such initiatives in Pakistan include Thar Solar Power Project, Dawood Wind Power Project in Jhimpir and Diamer-Bhasha Dam Resettlement Project in Khyber Pakhtunkhwa, Gilgit Baltistan, and Pakistan-administered Kashmir.
However, the challenges do not simply lean with legislation but on its implementation that requires the courts’ strength, medical legal education in courts and synergies with the civil society. Pakistan’s Climate Change Policy 2012 provides the intended strategic directions to tackle risks associated with climate change, including climate change orders that can catalyze government actions. Hence the role of judiciary is monumental for the present as well as the future generations that reaffirms the belief that destiny of humanity and environment are intertwined.
The Legal Landscape of EJ in Pakistan
Pakistan consists of a robust set of provincial, national policies, international agreements, and judicial precedents that support environmental justice. The Constitution of Pakistan, 1973, in Articles 9 and 14, safeguards the right to life and dignity which has been interpreted to include the right to clean water and a healthy environment. The Pakistan Environmental Protection Act 1997, which acts as a bedrock to key bodies like the Pakistan Environmental Protection Council and Agency that regulates the industrial sector, conducts environmental assessments (EAs), and grants permits to be environmentally friendly. The principle of “polluter pays” holds people accountable for any environmental damage. Moreover, provincial legislation for environmental protection exists in forms of special acts for each province, e.g., Sindh Environmental Protection Act, 2014. Other national policy initiatives include the National Conservation Strategy (1992) and National Environmental Policy (2005), which are aimed at sustainable development and environment management. The 2005 Policy emphasizes that the government is to promote “energy efficiency and renewable sources of energy” in legislation, departments, building codes, regulations, taxes, transport, and waste resources. Pakistan is committed to various international agreements including UNFCCC, Kyoto Protocol, and Paris Agreement, which demonstrate the multifaceted approaches in the field of EJ taken by the nation.
The Effectiveness and Gaps in EJ Laws and Policies in Pakistan
The environmental justice legal framework of Pakistan comes with its own strengths and weaknesses. The incorporation of international standards into the local laws at the provincial level is a promising step in the right direction. Including the judicial precedents that set up a high priority resolution mechanism on environmental matters is an important commitment on part of the judiciary. However, the enforcement and implementation are still the weaker leg of Pakistan, which severely affect and weaken the environmental protection laws. It is possible for every citizen to enjoy EJ in its truest sense when all tiers of government bodies are dedicated to implementation of these laws to guarantee the protection of the environment equally.
Despite such legal and policy measures in Pakistan as significant judicial precedents and international commitments have been made for environmental justice, the problems of environmental justice are still persistent due to enforcement issues and bureaucratic bottlenecks. Constitutional courts’ activism and the inclusion of environmental rights in the list of fundamental rights also indicate that courts remain strong environmental defenders. Nevertheless, for these legal frameworks to deliver real environmental gains, there is a dire desire for increased implementation arrangements; strengthening of the institutional, judicial, and executive capabilities; and partnership with civil society institutions. Filling these gaps will be important in achieving a good dual agenda to aim at serving the present and the following generations while at the same time conserving the environment.
