Panel: Governmental structural adjustments for better governance towards environmental protection and pollution control in South Asia
Introducing Extended Producer Responsibility (EPR) in Pakistan
by Mahmood A. Khwaja, Pakistan
Environmental regulatory enforcement and compliance continue to be the main problems in controlling the rapid depletion and degradation of segments of the environment (air, water, soil, forests, aquatic life etc.) in South Asia. The existing governmental structure and patterns of governance for tackling national and regional environmental issues do not facilitate law enforcement and strengthen stakeholders participation by adequately providing opportunities to educate and access to available information. There is a dire need to look at the manner(s) in which governments cooperate and exercise power in natural resource management in their respective countries and in the South Asian region.
Non-hazardous and hazardous solid wastes are among the fast growing environmental problems in Pakistan. It is one of the core priority areas identified in the national environmental action plan (NEAP). About 54,850 thousand tons/day of solid waste is generated in urban areas of the country with a collection efficiency of 60%. The waste generation and growth rates are estimated at 0.283 – 0.612 kg/capita/day and 2.4%, respectively. The town municipalities collect only 60% of the wastes, while the rest remains unattended. The collected wastes are either hauled to filth depots or final disposal sites, which are usually open dumps located on the outskirts of towns. In rural and semi urban areas, people burn heaps of wastes including plastics, in open. Because of the non-existence of any national or provincial law, solid waste management planning in the country is developing into an increasingly complex task. Since none of the cities in the country have adequate and proper waste collection and disposal systems, land, water and air are increasingly getting polluted with alarming health impacts on public in general and children in particular.
In developing countries, including Pakistan generally the two convenient and priority options considered for solid waste disposal are landfills and incineration. Landfills, most of them in developing countries, typically nothing more than open dumps without any prior EIA, scientific designing or monitoring/performance evaluation, are filling up and the ever expanding cities & towns beyond their specified borders (if at all maintained by municipalities/local governments), are limiting the ability to build new landfills. Effective and proper incineration of wastes on one hand requires added capital and running costs for monitoring of process emissions and releases and on the other it encourages continued waste generation, unemployment, waste of resources and energy.
In view of the growing problems and costs associated with landfills and incinerators for wastes disposal, new policies are being developed to support waste reduction, reuse, recycling and composting. Extended producer responsibility (EPR) also called “Producer Take back, ” is one such emerging policy, which is based on “Polluter Pays” principal. When EPR policies are in place, manufacturers take the responsibility for the environmental impacts of their products throughout a product’s entire lifecycle – production, use and disposal. EPR, thus creates incentives for the manufacturers to reduce cost by “Redesigning” the products, making them durable, less wasteful and more recyclable.
Details of key principles of EPR, examples of EPR initiatives in some countries and requirements for implementation of EPR programs in Pakistan are described and discussed in the paper.
An Assessment of Development and Environment Linkage in Village Based Integrated Poverty Alleviation Project in Yunnan Province, P. R. China
by Prof. Cai Kui, China
As the major national initiative of the Chinese Government to deal with rural poverty reduction in the beginning of the 21st Century, the “Village Based Poverty Alleviation Plan” (VBPAP) with participatory value and tools is being implemented throughout the country. The study aims to explain the links between development and environmental issues in VBPAP, and to provide practical suggestions to guide the relevant government officers at different levels to integrate environment consideration in the design and implementation of poverty alleviation projects.
A survey on four sites, representing different poverty types in the Yunnan Province of China, identified close linkages between livelihood and environment. It demonstrated how the diverse livelihood of the poor population mostly relies on natural resources, while conflicts are increasing between resources, environment and population. Some of the development activities and environmental protection initiatives resulted in a negative impact on environment.
Environment is emphasized in the designing of VBPAP, some of the project activities can produce positive impacts on environment, and no obvious negative impact on environment can be observed during the study. However, the environmental protection activities in VBPAP are very narrow and simple, only tree plantation, biogas and fuel-wood saving stove are introduced; and some VBPAP projects have potential negative impacts on the environment. In addition, different participation of poor population and relevant government departments influences the efficiency of VBPAP.
For better coordination between development and environment in VBPAP, the study suggests advocating the wide definition and concept of environment, to set the environment construction strategy based on the improvement of poor communities’ livelihood, and to increase the efficiency of the participation of and cooperation among poor population and different government departments. The suggestions for VBPAP practice include strengthening the consideration of environment in the planning and approval process of VBPAP, encouraging more natural resource management projects, and allowing more flexibility in each part of the project in VBPAP.
Augmenting Environmental Regulation for Effective Environmental Governance in India
by Ravi Agarwal, India
In August 2004, the Government of India issued a new draft National Environmental Policy (NEP). In a clear departure from the past ‘Statement on Pollution Abatement’ of 1991, this document marks a new (and in some places problematic) economic thinking on the issue of environmental sustainability and regulation in the country.
Since the Stockholm Conference of 1972, and later the Bhopal Gas Tragedy of 1984, the mode of environmental protection in South Asia, and in India in particular, has been to devise a body of laws and regulations which set an acceptable level of environmental protection. The ‘policing’ model led to the setting of an environmental regulation infrastructure, which has attempted, totally inadequately, to enforce compliance, often leading to judicial action. However little attention has been paid to developing associated capacities including information transparency and access for citizenry at large, or for engaging other sectors such as industry or infrastructure into environmental compliance.
Of late, pressures for accelerated economic development, especially after the advent of the new economic policy of the early nineties, there has been a gradual but discernable shift in the manner in which the state locates environmental issues in an overall developmental context. There is a move to dilute regulation and adopt in lieu of it more ‘voluntary’ and ‘market based’ approaches.
The paper refers to three areas of policy and legislation development and implementation with which the author has been personally involved to demonstrate the need for environmental regulation along with other approaches. The first outlines process of bio-medical waste legislation evolution, and the subsequent work done to enable its application, which involved participation by industry, the private sector and civil society. The second study is an ongoing dynamic of policy around toxic electronic products waste, which is a growing problem in the region and the paper makes a case of a broader product life cycle approach. The third case illustrates the improvements in hazardous waste management in India through the judicial and civil society participatory process.
This paper proposes that regulation is a fundamental driver to equitable and sustainable environmental governance and cannot be disposed off. Instead, it needs to be strengthened through involving the citizenry, such as through right and access to information, as well as industry employing clean production and product life cycle approaches. It strongly argues that expanded and more efficient regulation is fundamental to environmental protection, and other approaches can augment, not replace this. The challenge is to deepen capacity and not ‘throw the baby out with the bathwater.’
Environmental Mal-Governance in Depleting Environment: A Case in Sri Lanka
by Hemantha Withanage, Sri Lanka
Sri Lanka is a resource rich country, with an area of 25,332 sq kilometers and a population of 21 million. It is a multi-ethnic, multi-lingual and multi-cultural nation. While Sinhala, Tamil and Muslims are the majority groups, other communities like the malays and burghers also makeup a significant proportion of the community.
The Portuguese, Dutch and British colonized this resource rich country in 1505. It was also invaded by India several times. However, the British were mostly responsible for destroying the countries’ resources and also developing the infrastructure network such as roads and railways in order to export productions such as tea.
They are also responsible for setting the basic laws and regulations of the country. Although there are new governing setups such as provincial councils which were created under the 13th amendment in 1982, most of the other governing structures had been introduced by the British.
Most active environmental laws such as the National Environmental Act and the Coastal Conservation Act came into existence in the early 80s. However, around 53 environmental laws had been enacted during the British Rule and before the independence in 1948.
Under the 13th Amendment to the Constitution, environment is a subject that comes under both the provincial list and the Central Government list. Public participation was only introduced in 1988 in an amendment to the NEA, which includes the Environmental Impacts assessment for the new development project.
This is the only law that accepts public participation in decision-making. However even under this law, the public cannot directly redress their environmental problems. However section 98 of the public nuisance ordinance is covered in the penal code and provides direct remedies for people to redress environmental problems by treating them as a public nuisance.
However, Nepal’s environmental situation has been deteriorating despite the laws enforced by the government. The forest cover has decreased significantly and has been showing a 5% loss in recent decades. Water is also becoming a scarce resource and currently, 14 districts out of 22 are facing a severe drought situation. Available water is not usable due to pollution. Watersheds have been seriously eroded. Soil erosion has become the number one environmental problem.
The extensive list of major environmental problems includes, soil erosion, land degradation, forest clearing, industrial pollution, water scarcity, bio-piracy, air pollution, water pollution, destruction of sustainable agriculture, destruction of seed banks, health problems, sand mining, coastal erosion, coral destruction, reduction of open spaces, waste generation, burning of waste plastics and polythene, privatization of water and privatization of other natural resources. Simultaneously, local people are losing there powers to make decisions with regard to natural resources and the environment.
As is the case in many other countries, there are many global and local forces behind this situation. The open economic approach of the government and the industrialisation approach are responsible for many of these problems. The ADB, World Bank, IMF and even the export credit agencies have been involved in the decision-making process. Their policies have become more powerful in environmental governance, regulations and decision-making. They have become the most powerful stakeholders in the decisions while local stakeholders have become rubber stamps. Even the government politicians and bureaucracy are powerless in this game.
Environmental Protection and Good Governance: The Case of Bangladesh
by Saiful Islam, Bangladesh
Within the field of environmental economics, sustainable development is about preserving the environment. Protection of environmental degradation and sustainable management of natural resources are the responsibilities of neither one part of society nor discipline, but the right and obligation of every society and discipline. Therefore, conservation of natural resources and their sustainable utilization are the outcome of good governance, community awareness, and technical and scientific aid on the basis of adaptability, feasibility, and sustainability of the necessary conservation measures. While community awareness and technical and scientific aid can contribute a great deal to protect the environment, good governance is the core of this article.
Good governance is a must to bring the issue of environmental protection – with good understanding – to the attention of the government. Environmental protection needs environmental investment, which is usually costly and has no immediate return, and it needs community awareness with some environmental rules to be abided by, which in turn cannot be accomplished without the good will of the government. Therefore, good governance is the base for every development; be it environmental, community, or economic development. Government is one of the actors in governance. Good governance is therefore about government responsibility to manage the state, including environmental protection.
Depletion of resources, ecological degradation, and urban and industrial pollution are occurring at a frightening pace in Bangladesh. The country has enforced the law for better governance towards environmental protection and pollution control. Department of Environment, under the Ministry of Environment and Forest, is the authority with the mandate to regulate and enforce environmental management, and the setting and enforcement of environmental regulations, including pollution control. However, there is a lack of institutional capacity to enforce environmental rules and regulations. With this background, the objectives of this paper are:
- to see the extent of degradation of segments of environment (air, water, soil, forests, aquatic life, etc.) in Bangladesh;
- to look into the measures taken in Bangladesh for environmental improvement or halting of degradation; and
- to identify trends in governance and reform in Bangladesh for tackling environmental issues.
The paper will be based on secondary information, which includes recent publications, journals, books, and research reports. An important source of data on air and other pollution is United Nations Global Environmental Monitoring System. It is expected that the findings of the study would be helpful for concerned organizations for creating awareness and undertaking active programs to improve governance.
Environmental Regulation and its Compliance Status in Nepal
by Ram Charitra Sah, Nepal
In Nepal, the commitment of the government, made in the Rio Earth Summit 1992, toward overall environmental conservation resulted in the establishment of the Ministry of Population and Environment (MOPE).
After establishment of the MOPE in 1995, several advancements were made in terms of legal reforms; enactments of Environment Protection Act 1996; Environmental Protection Regulation 1997; nine specific industries effluent standards; one generic standard; effluent standards for discharge from Waste Water Treatment Plant (WWTP); standardization of sample collection methods as well as analysis methods. In addition, as a result of Public Interest Litigation from the NGO sector, the Nepal Vehicle Mass Emission Standards–2000 and National Ambient Air Quality Standard (NAAQS) were also established.
Observations show that the government is proactive in hiring consultants for the formulation of standards or is copying standards from nearby countries like India or Nepalese standards formed by the National Bureau of Standards. At the same time, the government is absolutely failing in implementation and monitoring of its compliance, it critically lacks the required infrastructure, equipment and even manpower. No serious attempts have been made to expand the required network for effective implementation of activities and strengthening of the ministry. Instead of enforcing and compliance monitoring of these standards by MOPE itself, it has handed over such responsibilities to the Ministry of Industries, Supplies and Commerce (MOISC) in the name of coordination, whose prime aim is to promote the industry, not to penalize it for pollution reasons.
As a result, the environment continues to degrade in the presence of a specific ministry that is responsible for environment conservation, specific laws, regulations and standards.
The provision of Initial Environment Examination (IEE) and Environment Impact Assessments is legally mandatory for approving any development work that has a significant impact on socio-economic, physical and biological components of the environment. There are some issues, like lack of actual public participation, access to information, unconvincing threshold limit for IEE and EIA, lengthy approval process, reluctance in mitigation measures, implementations and monitoring etc. which have turned this good regulatory provision into a matter of negligence.
The paper aims to highlight the existence of regulatory mechanisms, strengths and weaknesses, compliance of existing environment acts and regulations, standards, decisions etc. based on practical examples from field experience and research. The expected result is to critically analyze the slackness and help the amendment, effective implementation and compliance of regulatory mechanisms for the betterment of environment.
Creating Space for Waste: Pollution Control Through Planning for Waste Management: The Case of Delhi
by Bharati Chaturvedi, India
My paper deals with an emerging area of environmental concern in South Asia: the urban environment. While traditionally, only very small numbers have lived in urban areas in South Asia, this demographic profile is now changing. As a result, there have been new issues that have begun to be addressed by both government bodies as well as civil society in myriad ways.
One of the most contentious issues in this area is that of solid waste and the way by which it is being handled through various government initiatives.
My argument is that a shift in governance is vital to controlling environmental pollution caused due to poor waste handling, while promoting improved recycling and waste handling in urban pockets. This shift must include a change in approach to environmental planning, processes of governance involved in the implementation of these, and a paradigm shift in enlisting community participation.
I will argue my case as follows:
I will first detail the new legislation related to waste (MWS (Handling and Management) Rules 2000) and the manner in which it has attempted to restructure governance and its accountability in the Indian context.
I will then examine a specific aspect of these rules, i.e., recycling, which has a great deal in common throughout South Asia. It is undertaken by a pyramidical structure of waste-pickers, dealers and reprocessors. Across South Asia, many of the poorest urban dwellers mine the city of its recyclable waste, generating employment for themselves, while providing a vital environmental service. This kind of waste recycling is a double-edged sword. On one hand, it harnesses waste materials and prevents land and water pollution. On the other hand, it is undertaken at considerable human cost. I will spell out the existing approaches of governance on these and the impact they have at the grass roots level, as observed by my work of the last decade.
I will use this issue as an entry point to explain how governance in India is required to re-orientate itself to integrate the vital contribution of the poor and marginal sections of the population into mainstream environmental services.
In this context, I will examine the issue through the case study of Delhi. Here, I will lay out the process of creating a Master Plan (currently underway) and will lay out a possible Plan as drawn up by a team of planners, environmentalists and recyclers themselves. I will specifically point out the importance of drawing out new partnerships with the recycling sector and the nature of these partnerships. Finally, I will illustrate how environmental protection and implementation of legislation can take place much more effectively if existing governance practices are able to establish community-based partnerships that are rooted in social justice.
My paper will be illustrated by examples across India, Chintan’s own perspective informed by grass-roots work, and numerous published studies that I have undertaken.
Monitoring Pollution under Asymmetric Information and Enforcing Environmental Regulation: Implications for NEQS Compliance Process in Pakistan
by Musharaf Ali Talpur, Sindh, Pakistan
Successful implementation of environmental policy requires proper enforcement, whereas enforcement involves costs, including, mainly, the cost of monitoring pollution. With proper monitoring, environmental regulation can be effectively enforced but the problem of asymmetric information between the polluting industry and the regulator may result in non-compliance. In Pakistan, the enforcement of National Environmental Quality Standards (NEQS), in the wake of the National Conservation Strategy (NCS) and the Pakistan Environmental Protection Act of 1997, poses almost the same problems of asymmetric information and poor compliance. Environmental Protection Agencies (EPAs), responsible for enforcing the NEQS are understaffed, under-equipped, and unprepared. They are unable to fulfill their roles of monitoring pollution and enforcing environmental regulations.
This paper theoretically discusses the factors determining compliance by the industry to the environmental legislation by using a simple mathematical model for pollution control policies. This simple model helps in understanding compliance monitoring of NEQS process in the country, the character of the polluting industry, the potential financial benefit of non-compliance to the polluting industry, the probability of being caught in case of violating environmental standards, costs of detecting violations of environmental regulation, and costs of imposing pollution penalties and other legal costs such as costs of preparing a court case before environmental tribunals in Pakistan.
The paper outlines various problems, causing asymmetric information between the EPAs and polluting industries and non-compliance, which then result in the lack of proper enforcement of NEQS. Some of these problems, which constrain the EPAs from fulfilling their roles of monitoring pollution and enforcing NEQS, include; lack of technical knowledge, non-existence of continuing monitoring networks, inadequate economic and human resources, and inadequate environmental research. In general, the entire perspective of this combined theoretical and mathematical framework carries wider implications for NEQS compliance process in the country, suggesting ways out for its successful functioning in future.
Improving Governance for Increasing Water Use Efficiency in Pakistan
by M. Irfan Khan, M. J. U. Akhtar, and M. Akhtar Bhatt, Islamabad, Pakistan
Water is considered to be the lifeblood for sustained national economic development in Pakistan and becoming an increasingly scarce natural resource in the country. Although Pakistan was relatively abundant in water in the recent past, now, as in other areas of the world, population growth, economic development, rapid urbanization and industrialization are applying significant pressures on the water resources of Pakistan and it is becoming a country facing the problem of water scarcity.
The growing imbalance between water supply and demand has already led to shortages, competition, rising pollution and other environmental pressures and is a key obstacle in continued economic development. Hence there is an urgent need to respond to these pressures. To address the water scarcity issue, an effective balance is should be created between developing new resources and managing the demand. The key issues faced in the Indus Basin include lack of equity in water distribution, deferred maintenance and low productivity. Also, the sustainability of irrigated agriculture is being threatened with environmental hazards such as quality of water, water logging and salinity.
Most of these issues are related to the way governance of water resources is being carried out by the related institutions. Unfortunately, Pakistan has not been lucky in terms of good governance. Institutional erosion, lack of accessibility, accountability and transparency, dismal state of law and economic exploitation has been the bane of our existence so far. As a consequence, the economy and society of Pakistan is challenged by the crisis of governance, which is termed as a major obstacle to the attainment of broader objectives of sustainable development.
The issue of governance has a variety of dimensions. The culture of good governance ensuring equity, transparency, accountability, efficient water and energy management, environment protection, socio-economic well-being and above all long-term sustainability needs to be integrated at all levels in the society, especially in the water and power development sector.
This paper presents a review of issues related to governance of the water sector and suggests a number of options to improve governance of the water sector leading to improved water use efficiency in the country.
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