CIIAPTER IV

LEGAL FRAMEWORK FOR ENVIRONMENTAL PROTECTION AND MEASURESFOR IMPLEMENTATION

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Ee*ing Legal Framcrcrk in SAARC Countries Environmentalconcernscan be translatedinto action in a variety of ways. Governments can restrict the harmful activitiesof their citizensthrough law, they can formulate policies and developinstitutionsto monitor and implementenvironrnental programmes and priorities, and they can alter the behaviourof their citizensby building up public awareness about environmentally soundpractices. In the last of thesethree tasks,they can be assisted by citizensgroups and nongovernmental organizations. Environmental legislation in SAARC countriesis in a state of evolution, with several countrieshavingenacted environmental laws,manyof whichhavebeenamended to reflect changing needs and the experienceof implementation. In the same period, a variety of environmental institutions have come into existencein the region, with high level environmentalinstitutions emergingin different countries.Theseperform the tasksof formulating environmental policy and the monitoring of environmental phenomena and activitiesthat affect them. Finally, in most SAARC membercountries,.efforts havebegunto try and influence the public in their interaction with the environment.This Chapterprovides an overview of developments in the SAARC countries that relateto theseareasof activity.

National Environmental Lauils Bangladesh In tacklingthe environmental problems of the countrylawshavebeenenacted and passed from time to time in Bangladash. Here, as in some other countries,environmentalissuesare handledby different sectorallegislations.Bangladesh has environmental lawsthat deal specifically with land use,air andwaterpollution,noise,toxicchemicals, solidwaste, forestconservation, wildlife protection, mineral resourcesand coastalzone management, industry, environmentalhealth and sanitation, and other relatedsubjects. Some of theselaws now in force -- suchas the Forest Ad,.Oyn) -- were inherited from pre-independence times., Other lawswerebroughtinto forcebetween1947and197l.. Somelaws wereenacted after Bangladesh's in 1971.Sectoral lawsdealing with differentenvironmental issues in Bangladesh havethereforebeenenacted duringdifferentperiodsof time.

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The primary law on the environment in Bangladeshis the Environment pollutim Cmtr'ol Ordinare Oym. The Ordinance dealswith air, water and soil pollution. In order to make the ordinance more comprehensive and the penaltiesmore stringent,a revised ordinance is under consideration. A number of local governmentlaws also relate to the protectionof the environmentand public health. Thesedealwith subjects suchaswater supply,public bathingplaces, and control and administrationof public water courses. The Bangladesh Municipal Ad. (lgl2]| also deals with problernsof sanitation, watersupply,con5ervancy services (includingsolid wastedisposal)and other activities related to environmental health. The Twn Imprwenent Ad (19f,1) and the Fartmbs Ad (1965) have provisionsrelating to the protection of the health of workers and for adequate sanitarymeasures in factories. The latter act also empowersthe Chief Inspector of Factoriesto managethe use and disposalof toxic and other pollutants. The PesticidesOrdinance Qn\ provides for the regulation of import, manufacture, formulation, sale,distribution and use o[ pesticides in order to preventensurethe safetyof public health. The Bengal Motor Vehicle Act (1939) and the Motor Vehicles Rules (19t0), modified in L983,provide for the preventionof undue noise or the emissionsof harmful gasesand other substances. Punishments for acts that directly or indirectly causeenvironmentalpollution are provided for under the BangladeshPenal Code (1960). Theseare used in particularly bad casesof pollution. No current legislationrequiresenvironmental impact assessments (EIA) for industrial or infrastructure projects. However, the proposedBaagladeshEnvironment preserviation Ordinane has provisionsfor EIA and related subjects. Bangladesh does not yet have a complcte set of approved environmental qualitystandards, but draft standards havebeenpreparedand it is expected that it will be approvedsoon. At present, there is a tentativeset of standards for water quality,and for certain categories of industrial effluent.

Bhutan Bhutan'slegal systemis basedon age old traditions. Only recentlyhas a modern system of lanrsand regulationsbeen developed. As a result, legal methodsto deal with environmental problemshaveoften been inadequate.Most of the environmental legislationin Bhutan dealswith forests, which are one of the country's major resources. The managementand use of forest resources is regulatedby a number of laws,includingthe Bhutan Forcst Act (lqtg), the Natknal Ftrest Policy (lrn4), the Draft Forest Act and Forest Policy (1985),and the Charter that established the Bhutan LoggingCorporarionin 1984. The ForestAct of 1969consolidated a number of directives relating to forest rightg forest products,and royalties. The Act converted all landsover which no one had a permanent,heritable, and transferable right of useand occupancy, into government reserved forests. Hunting, fishing the

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nationalparla felling of trees,and the settingof forestfires by shiftingcultivatorsin forest reserves, havebeen banned,and penaltieslaid down for violators. Tree felling and or wildlife sanctuaries grazingrights on forest lands havebeenbrought under the control of the ForestryDepartment. According to the directivesof the National Forest Policy of 1974,ffi per cent of the permits countr/s total area is to remain under forestcover. In an effort to restrict encroachment, of permits havebeenintroducedfor entryinto forestsfor fuelwoodcollectiononly upon presentation issuedby the Department of Forests(DOF). Commerciallogging has been prohibited, and all contractorsin approvedareas. Since logging activitiesare to be carried out by the department's the taskof undertaking direct export,in 1979the DOF hasbeenassigned waslater transferred This responsibility to the Bhutan an attemptto minimiseover-exploitation. l,ogging Corporationwhich was createdfor this specific purpose. a higher priority to forest The Draft National Forest Policy of 1985 clearly a.ccorded Act of 1991 follows the same conservationthan to revenuegeneration. The proposedForest forests and forests on privatelands. An to encourage community principles, but with somechanges in that the cadastral survey of the forestpolicyand legislation obstacle to the full implementation is only in its early stages. land ownership, of the country,whichwill firmly establish A Draft National PasturePolicy has been prepared and is under considerationby the in terms of the carryingcapacity of the government. The policy aims at improvedproductivity and to bring about of pastureandrangelands ownership, the system at rationalising existingpastures, proper demarcation betweenforestgrazingland and agriculturalland. A Draft Mining Regulation it is intended to controlminingoperations. is alsoproposed;

India Under the Constitutionof India, it is the duty of both the state and the irtizen to protect in 1976. However,the first and improvethe environment.This duty wasincludedin the statutes wasenactedin 1972, namely,the Wildlife (Protection)Act. specificenvironmentrelatedlegislation The other specificacts which followed are the Water (Preventionand Control of Pollution) Act, Act, L980to preventdiversionof 19'14 to protectthe qualityof water;the Forest(Conservation) and Control and exceptwhere unavoidable; the Air (Prevention forest land for other purposes pollution; (Protection) Act, 1"985 as an restrict and, the Environment air Pollution)Act, 1984to government of anykind. These to dealwith environmental offenders to enable umbrellalegislation Act, are administered by the stategovernments and their acts,exceptfor the Forest Conservation agencies. This leads to a variation in implementationand proceduresbut uniformity is brought about by establishingnational standards. The laws are reviewedperiodically and if necessary to make them more effective.Ruleshaverecentlybeenratified under the Environmental amended substances. Similarly,guidelinesfor controlling ProtectionAct of 1986for handlingof hazardous microorganisms havealsobeen issued under the Act. engineered of genetically the release

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dealingwith environment, a host of other enactments Apart from Central laws specifrcally for example,has provisions harrea direct bearing on specific aspects. The FactoriesAct of 194{1, for ensuring industrial safety and control of effluents and emissions. The handling of toxic insecticides is regulatedby separatelaws. The ExplosionAct, Boilers Act, Motor and pesticides Act etc.haveprovisions basedon environmental considerations. VehiclesAct, Drugs and Cosmetics Many State level acts are also powerful instrumentsfor environmentmanagement.For example, legislationrelated to land seeksto control land use. Town and country planningactsare effective tools for regulating urban and regional development. Municipal Acts have numerous clauses relevantto environmentalconcerns. havealsobeenusedto dealwith environmental issues.In 1985 Administrativeprocedures the Union government notified 22 types of highly polluting industries which would require before being granted a licenseor registration. environmentalclearancefrom State governments which are potentiallydamagingto the environment,are now scrutinised Public sectorinvestments, required under the Forest by MOEF before clearance. This is in addition to the clearances (Conservation)Act of 1980,the Air and Water Pollution Control Acts, and other statutesand procedure is usefulfor appropriate assessment siting planning and regulations.This environmental designof new, large projects. Since the environment issue is so wide in scope, there is no single, comprehensive policy statementof the government.A nationalconservation strategyis now under environmental and reiteratesthe preparationby a group of experts.The nationalforest policywasrevisedin 1988, nationalpolicieson land goal of a 33 per cent forest coverfor the country. There are alsoseparate use and water.

Maldi\rcs The Ministry of Planningand Environmentin Mddives formulatespoliciesbasedon the after approvalby the President. Various ministries recommendations of the National Commission by the Presidenthas on the Commission.A six memberCommitteeconstituted are representatives Theselegislations coverall the vital aspects formulatedenvironmental legislations. of environmental quality conservation and management.Environmentallegislationrelatesto 20 vital areas,manyof which are relatedto the specialmarine-dominated of the islands. Theseareasinclude environment causeways, water and air, sewage and solid wastedisposal, coral and sandmining,jetty construction, and useof fertilizersand pesticides.Legislativemeasures for bridge and breakwaterconstruction, protectionincludea prohibition on catchingcertainundersized turtles, tortoisesand environmental lobsters,and bans on coral and sandmining in specifiedareas. The Housing Code,which is aimed at ensuringproper sanitaryand hygenicconditionsin project can Male, wasintroducedin 1987.Under law, no major government or privatedevelopment without submitting an environment impactstatement. be undertaken

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Nepal lrgislatiw provisionsthat deal with environmentalissuesin Nepal include the Soil ad Watcrshed Comervation Act (1982),(amendedin 1989). His Majesty's Government of Nepal has endorsedthe National ConservationStrategl for Nepal and various policies related to environment maoagement havebeen incorporatedinto the long-termplan.

Patistan Environmentallegislationin Pakistancoversa rangeof diversesubjectgincludingforestg health, hazardoussubstances and the use of water, soils and lands. laws also cover agencies issues; dealingwith environmental for instance, local bodiesresponsible for planning development of urban and rural settlements.The Punjab l,and Preservation and management Act (190); the C-analand Drainage Ac (1:W3);the Sindh Inigation Act (1879);the Greater lahce Water Supply, Sc*crage and Drainage Ordinance (lW and the ForestsAq Oyn).

A recent law on the environment is the Pakistan Environmental Protection Ordinane (1983). (PEPO) This law provides for an Environmental Protection Council headed by the Presidentof Pakistan,to ensurethe enforcementof the ordinance;to establisha comprehensive nationalenvironmental policy;to give appropriatedirectionsto conserve renewable and expendable resources; to ensurethat environmental considerations are interwoveninto national development plansand policies; and to ensure the enforcement of national environmental qualitystandards. The .1984 Council was established in and has 33 members. Its membersinclude governmentofficials, technicalexpertsand NGO representatives. The law also providesfor the settingup of a National Environmental Protection Agency. protection Environmental agencies havealsobeenestablished at the centraland provincial levels and the ordinancehas delegatedpowersto provincial environmentalprotection agencies, enablingthem to implementthe ordinanceat the provinciallevel. Local government and municipal laws also have specificprovisionsfor pollution control in rural and urban communities. The most significantdocumenton the environmentis the National Conservation Strategy (NCS) (1992).The NCS is designed as a broad basedpolicy programmeaimed at the sustainable use of renewableresources,preventiveaction against pollution and other adverseeffects of industrialand urban growth,mandatoryEI.Asof new projects,and more stringentcontrolson toxic chemicalsand hazardous substances. It identifiesL4 areasof policy action with a view to shift the focus of policy torvardsintegratedconcerns. The investment programmeproposedunder the NCS representsan increasefrom the eisting level of 4Vo to 8Vo of GNP in environment related investment.

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g1i f qnka

Sri I -"ta has a numberof lawsthat dealwith variousaspects protection of environmental however, and management.It is necessary, to updatetheselaws. The earlylawsof the 1fth century were not enactedprimarily to protect the environment, but manyof them were enactedduring the colonial regtmeand wereorientedtowardsthe exploitation of naturalresourcegrevenuecollectio4 and the maintenance of law and order. The 1980s witnessed greater emphasis on environnental management, and this new attitudeis reflectedin the environmental lawsenacted during this period. protectionand management The need for environmental is recognised in the 1978Constitutionof Sri Lanka as a fundamentalright, an obligationand the responsibility of the State and the people. The National Environmental Act (1%0), cameinto operation in 1981and was amendedin 1988to introduce a licensingprocedureand to provide legislativesupport to EIA procedures for projects. The amendment development setsdown new water, soil, air and noisepollution control standards.They amendments the CentralEnvironmental alsoauthorise Authority to requirean EIA of any project which would have significantimpact on the environment. Sri l,anka has a number of other ordinances, laws,acts,regulations and byelaws relatedto the environment, whichcovera wide areaand varietyof situations.Legislation on the aquatic environment includes lawson water resources, water supply, water for irrigation,waterpollution,and supplyof energlr.

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Table IV.l below providesa summaryof the laws and the main policiesin the SAARC countries.

Table tV.t EnvironmentalLaw and Policy in the SAARC Region - A ComparativeGlance.

Coutry Bangladesh

Major lrgislation Bangladesh PollutionControl Ordinance Ggn). Other laws include:ForestsAct (19T1), Bangladesh MunicipalAct (L932), Factories Act (1965). NlostLaws relateto forests. Iv{ain legislation- ForestAct (1969) (currentlybeingupdated). Environment Protection Act (L986), Water Act (1974), Air Act (1980), Wildlife ProtectionAct (1972). Environmental legislation in 20 vital HousingCode (1987). areas. Soil and WaterConservation Act (1e82).

Policy and Implementation ElAs not mandatoryunder law. No approvedenvironmentquality standards at present.

Bhutan

National Forest Policy (1985),National ForestPolicy(draft).

India

EIAs required,National Forest Policy revisedin 1988.National policy statements on air and water use also exist. EIAs mandatoryfor any development project.NationalCommission recommends policies. NationalConservation proposed. Strategy

Maldives

Nepal

Pakistan

Pakistan Environmental Protection National Conservation Strategyin place. (1983). Ordinance Several sectoral lawson a numberof specific issues. NationalEnvironment Act (1980), several other lawsdeal with various of the environment. aspects Fundamental Right underthe Constitution. ElAs required for any projectslikely to havea significant impacton the environment

Sri Lanka

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bstitutional Frameworl for Environmental Monitoring and Surrcillance

Bangladesh The Department of Environment is the governmentagencyentrustedwith the task of surveillance and monitoring of environmental mattersin Bangladesh.The Department is however limited in terms of manpower,logisticsand laboratoryfacilities. The Department of Environment collects samples and anallzes pollution problemg includingthe impact of water pollution on hsheriesand pisciculture. However,the unit has been dealingwith water, air and noisepollution only. Informationon areaslike forest,wildlife and mines needsupdating.Researchhas been carried out in Bangladesh to exploit organicwastesand there are about20 biogascentres currentlyoperative. The Meteorological DepartmentandSPAARSOcarryout monitoringactivities with respect to meteorological data. They are currentlyengaged in research and surveys which studytrends in rainfall,temperature and climatechange, but on a limited scale. The Water Development Board, with the assistance of the Master Plan Organizationcarry out monitoring of river flows and groundwatertable levelson a regularbasis.The Soil Research Institute carriesout research on soil quality, salinity problems etc. Some NGOs are also involvedin impact assessment with special reference to climatechanee.

Bhutan There hasso far been a low level of environmental monitoring activitiesin Bhutan,mainly because constraints.No systematic water qualitymonitoringeffortshavebeenmade, of resource althoughplansare under way to establish a three-tiermonitoringstructure. A number of basic research projectshavebeenundertaken, environment-related or are currentlybeing conducted in specificareas,but no focal point hasbeendesignated which would allow for a systematic collection, collationand analysis of data. The NES programme is expected into a documentation to develop andconsultative centre. A nationaldata baseon naturalresources will alsobe createdwithin the National Environment Secretariat. In addition, a communications strategyinvolvingpublic consultations and awareness building will be designed. Some activities under this programme will include national, zonal/regional, and local level meetings and seminars, and publicationof newsletters and other informationmaterials.

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India dataat the micro-levelis a problem which pervades The lack of accurate environmental the environmentsectorin India. The Indian MeteorologicalDepartmenthas a network of monitoring stationswhich have developeda strong data base. Climate modelling and weatherforecastingis (DST). The Departmentof Spacehas and Technology beingrefined by the Departmentof Science (NRMS),whichconducts Management launched calledthe NaturalResources System a programme zones soils,and coastal throughremotesensing.The DST research in aspects suchasforestcover, programme DataManagement called the NaturalResources whichaims is executing another System for creatingdatabases to be usedin micro-levelplanning for example, methodologies at developing regions, coastal in mountainareas, semi-arid and offshoreregions. is a prime input in any environmental informationdata The surveyof naturalresources a survey of the floral wealthover about60 per Survey of India hascompleted base. The Botanical Survey of India hassurveyed about one-thirdof the country, cent of the country. The Zoological The ForestSurveyof India is engaged identifying and collecting aboutone million specimens. in 'State of Forests' the reports. the forestsof the country,and publishes analyzing are carricd out by the Surveyof India, the Geological Surveyof Other surveyactivities India,the Groundwater Survey, Agency. Specific monitoringof and the NationalRemoteSensing indicatorsis being carried out under the National Water Quality Monitoring environmental Programme. A nationalnetworkfor monitoringambientair qualitywas initiatedin 1984. The (ENVIS) was startedin 1982by the Indian government.The Environmental InformationSystem whichconcentrate of 10 centres on networkpresently consists energyand coastal Each centre ecology. differentissues suchas pollutioncontrol,toxicchemicals, it through is expectedto collect and store data on the subjectallotted to it, and disseminate publications however, still needsto draw upon the to queries.The entire system, and in answers in the country. vastreservoirof environmental data collected by differentinstitutions (CSIR) carry out research The Councilof Scientificand lndustrial Research through a directlyrelatedto the environment, networkof laboratories, someof which conductresearch for ResearchInstitute, Nagpur; the Industrial example,the National EnvironmentalEngineering ToxicologyResearchCentre, Lucknow;and, NationalInstitute of Oceanography, Goa. Other Institute,Madras,the CentralPulp and Paper laboratories suchas the CentralLeatherResearch Pune,occasionally Research Institute,Saharanpur, carry out and NationalChemicalLaboratory, relatedsubjects.In addition, research on specific environment there is a largeamountof ongoing Usefulwork is alsobeingdoneby some research in Indianuniversities andInstitutes of Technology. NGOs. Researchin forestry and wildlife is almost entirely coordinatedby the Ministry of The apexbody for forestry Environmentand Forestswith somesupportby Stategovernments. researchis the Indian Council of Forcslry Rcsearch and Education,Dehradun. The premier

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research body under it is the ForestResearch Institute, Dehradun.Wildlife research is conducted by the Wildlife Instituteof India,Dehradun. MOEF has also developed centresof excellence in the fields of environmental educatioq ecologicalresearch, mine environment, and ornithologyand naturalhistory,and providesthem with financialsupportin priority areasof research.In addition,the GovindBallabhpant Instituteof HimalayanEnvironmentand Development hasrecentlybeenestablished to coordinateand promote research in India'sHimalayanregions.

Mddircs Maldiveshasdesignated specificareasof priority with respect to environmental assessment. Theseare: coralreefs;marinepollution; marinefishstocks; aquifers; coastal erosion; futureclimate patterns; wind and tidal patterns; environmental impactassessment; terrestrialresources; energy consumption patterns;vulnerabilityof human settlements to episodicnatural disasters; energy efficientbuilding materialsand buildingdesigns; and, environmental implications of inter-island transportdevelopment.

Nepal In Nepal the need to developa data baseon the environment has been realisedvery recently. The institutionsestablished for the purposeare inadequate at present. With the establishment of the Tribhuvan University,ecologicalproblems have been concentrating on environmental protection research. Several otherinstitutions suchasRECAST,RONAST,ICIMOD, IAAS (Rampur),and KMTNC are alsoengaged in or are sponsoring.environmental research. The rudimentary natureof environmental planningin Nepaland its difficult terrainmake it difficult to monitor the environment. Resource limitationsand lack of know how have been further impediments. One major consequence of this is that there is no national plan for environmentalmanagernent. There is a critical need to establishprofessional centres for environmental planning. The distortionsthat have emanatedfrom the impositionof external analytical modelson Nepali problemshavelimited the creationof indigenous perceptions on the environment' Furthermore, there is no system to monitor and utilise the research conducted bv individualagencies in the country. A system to transferknowledge is absent.

Pakistan A numberof organisations in Paki.stan carryout research and development work whichis directly related to conservation and environmental issues. These organisations work on issues relating to agriculture, forestry, frsheries,irrigation, energy, industry, wildlife, information

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disseminationand environmental planning.The more important of these in the context of the problem are the Green house Pakistan Space and Upper Atmospheric Research Council (SUPARCO), the Pakistan Meteorological Department, and Water and Power Development Authority (WAPDA), and the National Institute of Oceanography

Sri I ^nla In Sri LantA the CEA has emphasised the establishment of an information network on environmentas one of its major responsibilities.SinceL982,CEA has initiated a large number of programmes to collectinformation and developa data base. A statusreport studiesand research on soil erosioq detailed studies on water pollution in the lower Kelani river, collection of information on stationary pollution sources,and developmentprojects to implernent the EIA proceduresand researchon highly polluted industrial areas,havebeen undertaken. An assessment of the natural resourcebase was carried out to prepare the National were studiedin detail for the preparationof Conservation Strategy. ln addition,coastalresources Plan. Basicinformationhas also been collectedfor the compilation a CoastalZone Management of a series of directories and inventories.As a first step towards the establishmentof an environmentaldata base and a referencecentre,various stepssuch as the strengthening of the environmental library in CEA and setting up of district environmental libraries have been undertaken.

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Instittrtional Framernrk for Environmental Managementand Protection Nodal Gcernmental Bodies Banglade.sh In Baryladesh,a new department calledthe Departmentof EnvironmentPollution Control was formed inl9Tl, under the EnvironmentPollution Control Ordinanceas part of the Ministry and Cooperatives.The Departmentworked as an arm of lncal Government,Rural Development pollution. for monitoringand controlof environmental The Department of Environment Pollution Control was later reconstituted into the Department of Environment and placed under the new Ministry of Environment and Fore$tsin protection August 1989. The Department'sobjectives are now broader and includeenvironmental quality of life. in addition to pollution control, in an attempt to raise the oraerall and management The Department'sheadoffice is in Dhaka and there are four divisionalofficesin different parts of the country. The Departmentof Environmenthasa paucityof staff,money,and logisticalsupport, though it is expectedto enjoy greater power in the near future. There is no approvednational

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environmental policy as yet, but a Bangladesh National Conservation Strategris under preparation and the Department of Environrnenthas proposeda Draft National Policy on the environmcnt.

Bhutan Bhutanhasonly recentlyformeda specific government agency to dealwith the environment. This is the National Environment Committee, which is a high-level cross-sectoral committee consisting of the Minister PlanningCommission, the Minister of Home Affairs, the Joint Secretary Trade and Industry, the Deputy Minister, Ministry of Agriculture, the Director General of the Forestry Department, a representative of RSPN, and the head of the National Environment Secretariat. While the existing structure of government ministries and departments treats environmentissuessectorally,an integratedapproachto environmentalproblem solving wi1 be facilitatedby the formation of the NEC. The NEC will provide the institutionalmechanism for a more coordinated environmental management programme. The NationalEnvironment Secretariat, mentioned above, is the bodyset up to implement decisions of the Royal Governmentof Bhutan as part of the planningcommission. The long term objectivesof the NES are to define and establishpolicies,plans, organizations and actionsthat integrateresource sustainability with everyaspect of the country'ssocialand economic development. The short term objectivesare: to formulate a nationalenvironmental strateg5r that will serveas a planning guide for the country, to enhancethe knowledgeand understanding of environmental matters and sustainabilitythroughout the Bhutanesecommunity, and to institutionalise environmental impactassessments.

India Although India has a long history of forest institutions,it was only in the 19?0sand 19g0s that institutions dealing with modern environmentalconcernswere established. A separate Department of Environmentwas createdby the Central governmentin 1980,and after a seriesof administrativeadjustments, a separate Ministry of Environmentand Forests(MOEF) was created in 1985. Its mandate is to formulate national policies,make laws, and adviseand assist State governments on environmental protection. The MOEF wasdeclareda "scientific ministry"in 1987, givingit greaterflexibility. Its staff is largely made up of scientificpersonnelfrom a wide range of disciplines, and of forest ofgrcers. It also drawsupon the availablescientificand technicalexpertisein the country through an expert committee. However,the ministry is involvedin implementation of laws and regulationsonly to a limited extent becausethe Constitution places the main responsibilityfor most sectors of the environment on Stategovernrnents (for example, wildlife,air andwaterpollution, landmanagement, urbandevelopment etc).

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MddivEs of its uniqueenvironment.At the national Maldivesgiveshigh priority to the preservation this responsibility to the Ministry of Planningand Environment. level,the governmenthasassigned To bring about coordinationamongall the important ministries,the government has established a National Commissionfor the Protection of the Environmentto examinepolicy issuesand make recommendation-s to the President. At the regionallevel the atoll administrationis responsible to implement the decisionsof the government. At the local level, the island chief reports matters with the environmentto the atoll chief and helpsin enforcingregulations. connected

Nepal bodyto dealwith environmental is the Ministry of In Nepal,the primarynational activities Forestsand Environment. It wasonly after 1950that someconsideration wasgivento the need to management. Among the premier nationalinstitutions developan infrastructurefor environmental for (KMTNC), the the King Mahendra Trust National Conservation that havebeen est3blished are ResearchCentre for Applied Scienceand Technology(RECAST), the Royal Nepal Academy of (RONAST), and the Departmentof Soil Conservation Science and Watershed and Technology Management in the Ministry of Forestsand Environment. Recently,His Majest/s Governmentof (CCNCR) and of Nature and Cultural Resources Nepal formed the Council for the Conservation Commission. Thereis alsoa policyto establish Environment Divisionin the NationalPlanning an Unit in all line asencies. Environment

Palistan apparent on the environmental Typically,there are threetypesof agencies scenein Pakistan (i) governmentorganizations directlyresponsible for planningactivitiesfor the control of pollution (ii) government line agencies of the livingenvironment and naturalresources and the preservation for resourceexraction, with resourceconservation as a secondary responsible objective,and (iii) and NGOs donor asencies the international At the nationallevelthe Environmentand Urban Affairs Division (EUAD) of the Ministry is responsible for issuesrelating of Housing and Works, which has handledthe subjectsince1972, provides coordinationwith PakistanEPA and in turn PEPA provides to the environment.EUAD Coordination coordinationbetweenthe federaland provincialministriesfor policyimplementation. is throughthe provincialEPAs. The broad function betweenPEPA and the provincialgovernments of PEPA is to administerPEPO and preparethe nationalenvironmentalpolicy, developnational pollution monitoringsystems. The organisation standards, and establish in the environmental provincesare different, with environmentbeing assigned to the housing and physical planning departments.

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Sri I 'nle Despite its well developed administrative setup, Sri Lanka, until recently had no infrastructureto dealwith environmental problems.The responsibility for environmental protcction and management wasscattered amongseveral ministriesandgovernment institutions.The situation beganto changeafter global interest in environmentincreased.During the 1970qthe need for a central agency to dealwith environmental matterswasstressed in different forums. This led to the enactment of the National EnvironmentalAct of 1980. This in turn establishedthe Cjntral Environmental Authority in 1981 under the Ministry of Local Government, Honsing and Construction. The CEA initially did not haveany regulatorypowers,and remainedonly a potrsymaking body focusing on research and awareness programmes. However, is a result of increasing environmental degradation, the government amended the National Environment Act. This strengthened the powersand functionsof the CEA to control pollution and mitigateadverse impacts of development activitiesby introducinglegallybindingprocedures.The authorityconsists of three members, includinga Chairperson appointed by the president. A new Ministry for Environmentand Parliamentary Affairs hasrecentlybeen set up in Sri Lanka' The CEA remainsthe statutoryfocal point for environmentand the nodal agency for the coordination and implementation of environmental matters.

Other GorrcrnmentBodies and NGOs Bangladsh Besidesthe Department. of Environment,other governmentorganisations and ministries with environmental responsibilities are the Ministriesof Agriculture,Irrigation, WaterDevelopment and Flood Control, Industries,Labour and Manpower,and Health and population Contro! the Directorate of Fisheriesand the Department of Public Health Engineering. At the local level, municipalbodieslook after someenvironmental problems. Various NGOs also work on environmentalissuesand their focus is on the creation of public awareness for environmental preservation. Their contributionis, however, not yet significant.

Bhutan Severalgovernmentagenciesdeal with specific u.O".r, of the environment. The Department of Forestrymanages the country'sforests;regulates access to and utilisation of forest

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resources;and, enforces restrictions and collects taxes and dues. All logging operations are nationalised, and now rest with the newlyestablished Bhutan l,oggng Corporation. The Department of Agriculture undertakesland development as one of its major programmes.The departmentencourages tracing,contourbundinganddrainageactivitiesto ensure proper land and soil management and to improvethe productivityof the limited agriculturallands of the country. It also seeksto convert as much of the tsheri cultivation area into permanent dryland farms. The Department of Animal Husbandry performs pasture developmentand rangelandsmanagement activities. The Departmentof Health Services is responsiblefor water quality, and surveillanceof water supply schemes. The department provides health education throughits 'health schools" and the NationalInstituteof FamilyHealth. The role of NGOs in assistingand supplementing governmentalefforts in coping with environmentalissuesis recognised by the governmentof Bhutan. Nature conservation issues, for instance, are beingaddressed by the RoyalSociety for the Protection of Nature (RSPN).

The CentralPollutionControlBoardis an autonomous bodyunderthe MOEF andadvises the Central Governmentand State Pollution Control Boardsin matters relating to air and water pollution. In the Union Territories,the CentralPollutionControl Board performsthe role of the StatePollution Control Boards. The Ganga/Ganges Project Directoratewas established as a part implement(throughstateagencies), of the Ministry in 1985to formulate, and monitor the Ganga Action Plan, an ambitiousschemeto restorethe water quality of the Ganga/Ganges. The NationalWastelandDevelopment Board was also established in l-985as a part of the Ministry to provide an impetusto afforestation programmes.The Ministry has a large number of other subordinateinstitutions, such as the Indian Council of Forest Researchand Education, Forestry ResearchInstitute, Indira Gandhi National Forest Academy,lndian Institute of Forest Management, ForestSurveyof India, ZoologicalSurvey of India, BotanicalSurveyof India. Wildlife Institute of India, National Zoological Park, G.B. Pant Institute of Himalayan Environment and Development, and SalimAli Centre for Ornithologyand Natural History. In addition,the Ministry providesfinancial assistance to a number of autonomous institutionsfor environmental education, awareness and research. The other ministriesand agencies of the government whichundertakeactivities with a direct or indirect bearing on the environment,function in consultation with the MOEF. However,long and medium term policiesin agriculture,irrigation,rural development, energyand communications do not as yet fully take environmental factorsinto account, and greater coordinationin this arca is needed.Sincethe primaryresponsibility for forestmanagement lies with StateGovernrnents, they all haveseparateforest departments.Most Stateshavetheir own training institutionsfor different levelsof forest officials,while the Indian Forest ServiceOfficers are trained at the Indira Gandhi

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National ForestAcademyin Dehradun. Someof the larger Statesalso havefacilitiesfor research, althougbthey are severelyhamperedby resourceconstraints. The lack of adequate training and research at the Statelevelis an acknowledged weakness. Most have established separateenvironmentdepartments, often combiningthem with otherssuch as energy, forests, scienceand technology,or urban development. There is no administrative jurisdiction over subordinate, field-levelagencies responsible for implementingenviroment related rules and regulations. The Central Government has initiated schemesto strengthen State environmentagencies like pollution control boardswith both technicaland financiatassistance to further law enforcement. India has seena significantrise in the numberof environmental voluntaryorganisations in past the decade. A recentsurveyshowsthat there are over 500suchorganisations, chieflyinvolved in education andawareness, afforestation, Iowcostsanitation, appropriate technologies (in rural and small scalesectors),energyefficiency,women'sparticipation,family welfare and health,and rural water supply. Theseplay a usefulrole in highlighting environmental problems,and somehaveeven taken offendersto courts. Both the Union and StateGovernments extendsupportto voluntary organisations.

Maldives A forum of "Writerson Environment (Maldives)" knownas"WE Maldives'wasformedin 1988. It publishes a weeklypagein one of the daily newspapers. The forum has beenorganising various activitiesfor creatingpublic awareness about environment. A monthly newspapercalled Veshi (Our Environment) is published and sentfree to all the islands and interested peoplein the country.

Nepal Despitethe limitedoutreach of development programmes, specific components embedded in the designof nationalprogrammes in Nepalenhance ecological consciousness. All the Integrated Rural Development Programmes in Nepalcontainenvironmental programmes. A few NGOs are also active in the management of environment. RECAST, Institute of Agricultural and Animal (IAAS), Rampur, and the EngineeringInstitute of Tribhuvan University have been Sciences conducting research in someareasof environmental technolory.

Pakistan In Pakistan,the Federal governmentis responsible for formulating National Economic Development (five-year Plans plans andannual development plans) andpreparing andimplementing

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projectsrelating to large scalemanufacturingpower generationand distribution,highwaygwater flood protectionandtelecommunications. Sectors like agriculture,medium resour@s development, health,housing drinking water supplyand sanitationare education, and small scalemanufacturing, provincial subjects. Local agencies, including developmentauthorities,municipal corporations, for the municipalcommittees, town committees, district councilsand union councilsare responsible provision and maintenance of basicutility services. The entire development and planningsystemis a part of the five-yearand annual plans formulated by the PlanningCommission. The system,represents a good degreeof inter-agency consultationsin project processingand decision making, which is an important element of (ElA). The planninginstitutionsprovide a ready made structure environmentimpact assessment for carrying out EIA proceduresif their technicalcapabilitiesare strengthened and the project processingmechanisms are rearranged.This would mean that the administrativecosts of EIA introduction in Pakistanis marginalcomparedto the expected benefitsin economicand ecological terms. in Pakistan. However,they NGOs havebeenrather slow in their growth and development shouldbe managed. havebeen a major sourceof innovativethinking about how natural resources and a sourceof information about alternatedevelopment They serveboth asearly warningsystems approaches.A large number of local NGOs havegrown during the past couple of years. Their charterand functionsrangefrom working towardsthe provisionof safedrinkingwater to organising for the protectionof environment.Committedindividualshavefor manyyears walks and seminars issues.The pollutionproblemsof Kesur which arise identifiedlocal and nationalenvironmental waste washighlighted duringa field trip of somemembers of the LahoreConservation from tannery Societv.

$1i r anke Act hasconstituted The National Environmental an EnvironmentalCouncil as an advisory body to the CEA. The Council comprisesof senior officers of developmentministries, NGO with implementing ministriesandagencies experts.Coordination representatives, andenvironmental is done through the Council. Under the aegis of the National EnvironmentalAct, District of 12 to 14 membersrepresenting EnvironmentalAgencieshavebeen set up. Each DEA consists involvedin environmental activities andleadingNGOs of the district. The DEA dealswith agencies ecologicalimplicationsof new projectsin the district and stepshavebeen taken to strengthenthe activitiesof the DEAs. in recentyearsto dealwith specilic Other new publicinstitutionshavealsobeenestablished (1981), National Aquatic These include: of Coast Conservation areas. the Department environmental Authority (1987).There are a number of Agency (1981),and, Urban Development Resources activities. The agencies (roughly about 75 in number) which are involvedin environmental framework requires natureof the institutional a high degree of coordination to dealwith scattered

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problems. Apart from the variouscouncils, environmental suchas the EnvironmcntalCouncil and the National Health Council, coordinationis largelydone through ad hoc committees. The successful protectionof the environment ultimatelydepends on the commitmentof the people. NGOs play a vital role in mobilisingpeopleto act as watchdogs and agentsof change. ln Sri I-anka there is an impressive list of 80 nationallevel NGOs activein environnental protection, with a proventrack record. They havetakenactionagainstactivitiesthat threatenthe environment; for instance, loggingin the Singharaja forest,one of the richestecosystems in the world, had to be stoppedas a result of NGO pressure. In addition, NGOs have helped to create environmentalawareness among people and mobilise them into active participation. NGOs in Sri Lanka have now formed an umbrella organisation calledthe Sri Lanka EnvironmentCongress (SLEC). Apart from nationalNGOs,local and rural NGOs are also increasing rapidly and there are about 200 of them. The lack of financial and other resources havelimited the role of NGOs in somespecificareas. They are criticisedfor beingurban basedand,hence,reflect viewsof the urban intelligentsia.Governmentinstitutionssee NGOs as biasedtowardsconservation and unnecessarily criticalof development activities.NGOs are now working in close collaborationwith CEA with financial assistance from e1ernal donor agencies.

Public Awarenessand Education

Bangladesh Commonknowledge of the problemof environmental degradation in Bangladesh cameinto the forefront in the mid-1970s.Natural scientists and plannersplayeda major role in developing greaterawareness of environmental issues.In the last decade and a half, attemptshavebeen made through seminarsand workshopsto create mass awareness of the problem. [n an attempt to educatepeopleon the subject,the environment was introducedas a subjectinto the curriculumof primary and secondary classes as "Paribesh Parichiti"or "knowyour environmento.Environmental education, however, is still quitelimitedand mostpeople are not conscious aboutthe problems and the issues. A more recent plan is to involve the public in the upazilla afforestationprogramme, which shouldincrease massawareness of the degradation caused by deforestation.

Bhutan

Bhutan has launcheda number of environmental awareness and public participation programmes aimed at promotinga broad understanding of environmental issuesand enlisting popular support and participation in the government'senvironment programmes. In commemoration of the coronation of the King of Bhutan, June2 hasbeenalsocelebrated asSocial

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ForestryDay since1985. The day'scelebration involves severalschools with teachers and students; governmentofficesand privatesectorenterprises; the Royal BhutanArmy, Police,and Bodyguards and; rural folk in a nationwidemasstree planting activity. lrctures and slide shows on the environmentare organisedin various schools. The Department of Forestry, though its publicity and extensionprogramme,has initiated an essay competitionrelated to nature conservation.Other activitiesinclude radio and video programmes. "Tsenden", The DOF hasalsorecently started a journalnamedafterBhutan's nationaltree,to serve as a forum for sharinginformationand ideason forestry,wildlife and other environmental concerns. The Royal Societyfor the Protectionof Nature has alsoinitiated variousenvironmental awareness projects.

India programmes Environmentalawareness in India are supportedlargelyby the government workshops, through training progfammes, seminars, eco-clubs and environmentcamps. A National (NEAC) hasbeenconducted EnvironmentAwareness Campaign annuallysince1985, and November 19 to December18 everyyear is observed as NationalEnvironment Month. Workshops, public meetings, rallies,audio-visual films, playsand essay camps, shows, competitions are organised to disseminate message the environmental as widelyas possible.The NationalMuseumof Natural History in Delhi is devotedto non-formalenvironmental education.A regionalmuseumis also beingestablished for Environmental at Mysore.The Centres Education at Ahmedabad andMadras receive financialsupportfrbm the Centralgovernment for developing non-formaleducational and awareness materialfor differentmedia,and communication materials to address problems specific suchas fluorosisand issues suchas alternative energy sources for rural areas. The Indian government extends supporttowardsthe organization of seminars on various technical environmentaltopics by colleges,universities, NGOs and professionalbodies. Indian regularly programmes. television environment telecasts Furthersteps publicparticipation to increase in environmentprotectionincludeprovisions for public interestlitigation under the Air and Water Pollution Control Acts, and the EnvironmentProtection Act of 1986. Some important judicial pronouncements, for example,for stopping limestonemining in the ecologicallysensitiveDoon Valley,havein fact resulted from privately initiatedlitigation.

Maldives The Government of Maldives hasbeentakingactionto createawareness amongpeople and encourage them to participatein environment matters. In 1981,the Presidentof Maldives calledupon everyMaldivianto plant a coconut tree. An afforestation Campaign beganin 1983. tn L985, the President inaugurated anothertree plantingcampaign and calleduponthe nationto plant

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two trecs for everytree felled. To createawareness amongpeople,weeklyprogrammeson radio and monthly programmeson televisionare organised.

Nepal Efforts havebeenmaderecentlythroughtheNepalPress Instituteand the King Mahendra Trust for National Conservationto conduct environmental camps for schoolchildren. The involvement of the public hasbeenencouraged especially throughthe media,but effortsin this area are limited.

Patistan During the last few years,press,radio and televisionin Pakistanhave begun to cover environmentalissues and events. Environmentalissuesarean important subjecton radio and TV and are included in different scientific programmes,documentaries,dramas and children's programmes,for which substantialtime is allocated, especiallyon TV. Radio Pakistaa has developeda schemefor regular broadcastof environmentrelated messages and programmes regularly.

Sri I mka Sincethe beginningof the 1980s, the Central EnvironmentAuthority of Sri l-anka hasrun a specialpublic awareness programme.This programme paysspecialattentionto problemsrelating to soil erosion, deforestation, waterpollutionand biomass management. The massmediain Sri Lankahasbeenincreasingly involvedin disseminating environmental newsand creatingpublic awareness on environmental issues.In additionto generalenvironmental news and feature articles, some newspapers publish weekly supplementson the environment. Weekly radio programmes on the environment havebeenbroadcast regularlyfrom 1985. Sri Lanka TV telecasts environmental news. Environmentalthemesare graduallybeing integratedinto teledramas,schoolplays,concerts, exhibitions, competitionsand newsprogrammes. Various eventsof environmental significance suchas the World EnvironmentalDay, Earth Day, Tree PlantingDay, etc.,are markedby activitiesthat involvepopular participation. Nationat regionaland rural NGOs are activelyparticipating in variousprogrammes aimedat enhancing public awareness on environment. The mass media and NGOs play a vital role in mobilising public opinionagainst activities that may degrade the environment. The PioneerBrigadeProgramme, Iaunched in Sri Lankanschools in 1984,now plansto set up environmental brigades comprising of about50 students between the agesof 12 and15,aimed

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at mobilisingstudents'participation and commitmenttowardsthe preservation of the environmcnt. About 100 suchbrigadeshavebeen established so far, and thesehave carried out projectswithin and aroundschoolpremises.In addition,environmental societies and clubsare beingset up in most urban and rural schoolsto undertakepromotional activitiesincluding seminars,exhibitions,quiz programmes, songsand plays. Environmental activitieshave also been undertakenby the National Institute of Youth by the government to look after the interests established of youngpeople. Although environmental education has been incorporated in the curricula at various levels in Sri l-ankan schools, not to be completely implementationappears satisfactory.Environmentally unfavourable attitudeg lack of training facilities, equipment and resources, lack of awareness, qualified teachersand teachingmaterials,contributeto the weak implementation of this programme. the majornodalandothergovernmental TableIV.2 belowsummarizes bodies in SAARC Countries.

Table fV2: Summaryof Major Nodal and Other Governmental Organizations in engaged environmentalManagementand Protectionin SAARC Countries.

Country

Nodal Government Organization

Other Major Gorernment Bodies SPAARSO, WDB, SRI National Environment Secretariat cPcB, l.IwDB, ICFRE, FRI, CSIR, NEERI, NRMS NCPE RECAST, RONAST, CCNCR, KMTNC, WECS, PEPA CEA, EnvironmentalCouncil, NARA. UDA

Bangladesh Bhutan India Maldives Nepal Pakistan Sri Lanka

Ministry of Environment and Forests NationalEnvironment Committee Ministry of Environment and Forests Ministryof Planning and Environment Ministry of Forests and Environment Env. and Urban Affairs Div. MinistrvOf Housingand Works Ministry for Env. and Parliamentary Affairs

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