South Asia Jurist Volume 02 | Page 17

The above threats lead to major survival concerns for Pakistan, particularly in relation to the country’s water security, food security and energy security.

The NCCP 2012 continues to describe policy measures in climate change adaptation for a number of areas. It is a remarkable inter-sectoral text. It describes the link between environment, development and poverty. With climate change in Pakistan a “threat multiplier” to existing capacity constraints, climate change has the potential of affecting the livelihoods of tens of millions of Pakistanis, pushing them towards poverty and impacting on economic development.

There are also serious health related risks, with climate-induced drought resulting in greater risk of malnutrition and increased frequency of flooding resulting in serious issues of access to clean drinking water. Impure drinking water and improper sanitation alone are estimated to be approximately 3.8 percent of GDP. The NCCP mentioned food, water and energy security issues brought about by climate change are “major survival concerns for Pakistan”.

The major constitutional and political milestone of the 18th Amendment has impacted the momentum towards further action on the NCCP and environmental law in general.

Prior to the 18th Amendment, the subject of “environment pollution and ecology” was included in the Concurrent Legislative List of the Constitution, enabling both the Parliament and Provincial Assemblies to pass legislation in relation thereto. Since the primary environment legislation was the Federally-Enacted Pakistan PEPA, the Ministry of Environment was responsible for all things related to the environment, including climate change (the Ministry of Environment was the Designated National Authority in terms of the UNFCCC). Pursuant of the Constitution (Eighteenth Amendment) Act, 2010 and in a massive step of devolution, the Concurrent Legislative List of the Constitution was abolished and, as a result, the subject of “environment pollution and ecology” are now exclusively the legislative domain of the provincial assemblies (incidentally, the word “environment” no longer appears in the text of the Constitution).

The devolution under the 18th Amendment was followed by an administrative reordering of the Federal Government. In regards to the Environment Department, vide Cabinet Secretariat Notification No. 4-9/2011-Min.1 dated 29 June 2011, the Ministry of Environment ceased to exist from 1 July 2011 and the following functions allocated to it were devolved or relocated to Ministries/Divisions as under:

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National policy, plans, strategies and programmes regarding:

a)Environmental pollution, ecology, forestry, wildlife, biodiversity, climate change and desertification;

b)Improvement in environmental conditions of air, water and land;

c)Incorporation of environmental concerns in development schemes; and

d)Energy conservation

Coordination, monitoring and implementation of environmental agreements with other countries, international agencies and forums

Forestry training, education and research

Survey and research in flora and fauna

Secretariat of Pakistan Environment Protection Council established under the Pakistan Environmental Protection Act, 1997 (XXXIV of 1997)

Pakistan Environmental Planning and Architectural Consultants Limited (PEPAC)

Quaid-e-Azam Mazar Management Board (QMMB) and Quaid-e-Azam Memorial Fund

Assigned to Planning and Development Division

Devolved to provincial govt

Devolved to provincial govt

Devolved to provincial govt

Assigned to the Planning and Development Division

Devolved to provincial govt

Devolved to provincial govt

Assigned to the IPC Division

Assigned to the Planning and Development

Board for winding up

Assigned to IPC Division

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