Environmental Law in Pakistan - IUCN

Investment and tax law in Pakistan favours the development of industry and agriculture. Existing taxlaws have failed to tap the potential of using taxes as a tool to control pollution or encouragesustainable natural resource management, such as by providing tax incentives for environmentallyfriendly industries. Rather, the current tax structure is driven by revenue considerations andcommercial interests. Federal law provides no incentives to encourage investors willing toundertake projects that are based on sound environmental principles.The import/export regime does not contain provisions to discourage the import of goods thatdamage the environment or encourage the import of environmentally friendly products. The lawdoes not require submission of data on imported goods that would permit a determination of theirpotential effect on natural resources.For the most part, federal legislation fails to provide for environmental conservation or protection.Notable exceptions to this rule are laws on export processing zones, electric power generation andmaritime shipping. Environmental provisions in the statutes on export processing zones andelectricity, however, are vague and general, providing no clear guidelines or limitations. In addition,environmental provisions in the law on export processing zones are discretionary rather thanmandatory. Maritime shipping law is more specific, referring to the provisions of an internationalagreement. Similarly, a recent amendment to legislation governing ports in Karachi makes pollutersliable for clean-up costs and nominates authorities responsible for ensuring a pollution-freeenvironment in the vicinity of the harbour.Most federal laws emphasise administrative detail and provide little substantive direction, whilelegislation governing natural resources and the processes that affect them fails to provide eithera general or sectoral framework for coordinating sustainable development with sustainableresource exploitation.The distribution of powers between the federal government and the provinces complicates theprocess of managing natural resources and regulating related processes. For instance, the miningof radioactive substances and the exploitation of petroleum products are subjects that lie within theexclusive domain of the federal government, while the management of natural resources andprotected areas affected by such activities is likely to be under the control of a provincialgovernment. In the event of a conflict, federal law will prevail. Local government bodies have beenentrusted with certain environmental and natural resource responsibilities but there is no legalframework providing for coordination between local bodies, provincial environmental protectionagencies and other authorities responsible for natural resources.Another significant omission from federal legislation concerns citizen participation in naturalresource management and conservation. The law contains no provisions enabling participation orallowing citizens to access information held by various government authorities responsible fornatural resources and their management.Federal case law on natural resource issues is, for all practical purposes, non-existent. The ShehlaZia case, in which the Supreme Court of Pakistan declared the right to a healthy environment to bea part of the fundamental constitutional right to life guaranteed to all citizens, was based on pollutionconcerns rather than natural resource issues. This ruling nevertheless creates a solid precedent forextending fundamental rights to cover issues related to natural resources.01ExecutiveSummary15EnvironmentalLaw in PakistanFederal