KARACHI, May 22: While government agencies are still in the process of their capacity-building and addressing the weak areas of environmental legislation, it is the citizen who can stand out against polluters and contribute to a better of environment.

This was stated by majority of the participants of an orientation workshop held for Sindh environmental magistrates (EMs) on Thursday. The participants felt that environmental magistrates themselves could not take a suo motu action against the environmental offenders, but they could be moved and approached by citizens to institute a case against those committing any offence identified in the Pakistan Environmental Protection Act (PEPA) 1997.

Taking part in the deliberations, some of the class-I magistrates, who have been notified as EMs in Karachi, stressed that the role, jurisdiction and powers of the EMs be clarified and explained further.

The notification pertaining to the additional responsibilities of first class judicial magistrates as EMs was issued in 1999, but no case/complaint has so far been lodged with them by an aggrieved citizen, police or some other agencies, one of the EMs pointed out. This, he added, was a clear indication that there existed a room for improvement in the procedural rules. He suggested that awareness in masses on environmental issues and people’s right to have safe and clean atmosphere should be created.

Deficiencies in the PEPA-97 was also discussed at the workshop and it was urged by the EMs and experts of the workshop that relevant rules and regulations for the implementation of the Act should be notified at the earliest. It was further felt that Sindh Environmental Protection Agency (SEPA) should enhance its enforcement capacity to perform regulatory functions properly.

The one-day workshop was jointly organized by the SEPA, IUCN, Programme for Environmental Research & Training and Pakistan Environmental Law Association. The EPA, in coordination with the conservation organizations, would hold similar workshops for the orientation of environmental magistrates at Hyderabad and Sukkur during the next week.

Speaking as chief guest at the inauguration ceremony, adviser to the CM on Environment, Faisal Malik, said that while the problems arising out of air and noise pollution by vehicular traffic had definitely caught the attention of all, it would be appropriate if citizens themselves complied with the environmental laws without inviting the EMs to play their role.

Keeping in mind the importance of environmental laws, the adviser continued, the government had already established environmental tribunals which were expected to start functioning soon. He said that scope and limits of a tribunal in Karachi had been forwarded to the law ministry.

The Director General of EPA, Shafiq Ahmad Khoso, said that the environment in Pakistan, like many other countries, was under constant pressure from air, water and land pollution because of deforestation, desertification, high energy consumption, urbanization, population explosion, loss of biodiversity, drought, involuntary resettlement, climatic changes, etc.

About the role of EMs, he mentioned that the magistrates, under section 24 of the PEPA-97, were assigned the jurisdiction of ‘handling of hazardous substances and regulation of motor vehicles.’ They are further authorized to impose judicial penalties on those failing to comply with licences or orders of the federal or provincial EPAs, he added.

The provincial Secretary, Environment and Alternative Energy Department, Aslam Sanjrani, stressed the need for strengthening the prosecution side which, according to him, always remained weaker than the defence.

The IUCN’s country representative, Abdul Latif Rao, said that development activities should not be undertaken at the cost of future generation. He said that environmental conditions in the country could be improved through an equal participation of community, conservation bodies and industries in such efforts.

The magistrates who participated the orientation workshop were awarded certificates by the Sindh Ombudsman, Justice Haziqul Khairi, at the conclusion of the deliberations. He appreciated efforts by the Sindh EPA and other concerned organizations in creating awareness in masses as well as their role in checking environmental pollution.