The ombudsman leads a commission that was formed by the Supreme Court while hearing a petition of 75-year-old Venu G Advani for taking measures to control pollution.
The commission, comprising all advocates general, held several meetings with authorities concerned and formed a subcommittee to come up with a workable solution.
Despite holding a number of meetings with the federal and provincial authorities in Karachi and Islamabad, no action plan could be prepared in the context of Mr Advani’s petition, says the report submitted by Hafiz Ahsaan Ahmad Khokhar, senior legal advisor of the federal ombudsman.
“This shows lack of capacity, expertise and professionalism in the environment protection machinery,” says the report.
The report says that in the wake of the 18th amendment to the Constitution, the federal environment ministry was wrapped up. The ministry was recreated as the Ministry of Climate Change, but its capacity and institutional memory was lost, it adds.
“Unfortunately, the devolution did not lead to strengthening capacity at the provincial level because of inadequate attention and resources. This was palpable when inability to develop provincial work plans was revealed during the course of various meetings and interaction with key officials”, says the report.
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According to the report, the absence of political will has weakened enforcement of environmental laws. Even though tribunals are functional in the provinces, impact on environmental degradation was minimal and needed urgent attention.
The report recommends that the critical issue of environment needs to be placed at the center of national planning.
“Urgent steps are required for this purpose. A well-planned and coordinated awareness campaign should be developed by the governments through print and electronic media using public service messages. PEMRA can be advised accordingly when such plans are ready. A period of one month would be adequate for this task,” says the report.
It calls upon the Ministry of Climate Change to play its due role in preparing and executing a comprehensive strategy on environment in consultation with the provincial authorities.
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“A more proactive and dynamic role by the EPAs [environmental protection agencies] at national and provincial levels is called for. Benchmarks with timeline should be developed by these authorities within 60 days,” it stresses.
The report also notes that a realistic and cost-effective plan of action can be devised in one month to meet the urgent needs.
“Public resources may not allow opening of offices in each district, entailing additional staff and operational budget in the near future. It is, however, possible to ensure better delivery through more efficient use of existing resources,” it says.
“The oversight and monitoring is the weakest link. Steering committees comprising relevant government departments and eminent experts from the civil society should meet regularly and monitor progress of various activities and action plans,” says the report.
The report suggests that in order to accord priority and give necessary authority, the committee at the national level should be headed by prime minister and by respective chief minister at the provincial level.
It also recommends that the Office of the Federal Ombudsman, along with the Law and Justice Commission, can steer the implementation process for the next 90 days to provide necessary impetus at the initial stage, and then the relevant authorities can continue with the implementation process as per their legal mandate.
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