LEGISLATION FOR ENVIRONMENTAL PROTECTION: TRENDS IN THE REGION AND NATIONAL LEGISLATION*

LEGISLATION FOR ENVIRONMENTAL PROTECTION: <!--[if gte mso 10]> LEGISLATION FOR ENVIRONMENTAL PROTECTION: TRENDS IN THE REGION AND NATIONAL LEGISLATION* By Dr. Parvez Hassan, LL.B.(Pb), LL.M.(Yale), S.J.D. (Harvard) Regional Councillor International Union for Conservation of Nature and Natural Resources and Consultant to ESCAP on Environmental Protection Legislation A. INTRODUCTION The common realization that prevails today not only in this region but in the global community as a whole is for the growing need to protect the environment from pollution and degradation. In fact, whether it is the impact of deforestation in Nepal, or the consequences of oil spills on the marine environment, or the pollution of rivers by the regular discharge of industrial wastes or by accidents such as the one that recently afflicted the Rhine a few months ago or unbearable noise levels in various busy metropolises in Japan, they bring a common message to humanity at large; that industrial development and national planning efforts must integrate environmental factors to minimize resource degradation and to resultantly prevent the deterioration of the quality of human life. * Paper read at Seminar on Environmental Management of Administrators Pakistan Administrative Staff College, Lahore from 25th to 29th January, 1987. The impact of the above realization is perceived in the development of the, political will in several countries to plan the utilization of their resources in a balanced and rational manner so as to aim for optimum sustainable yields and to thereby avoid environmental damage. The development of such a political will is the first manifestation of a country's commitment to take into account environmental factors at all levels in its national planning. The gradual evolution of this political will finds ultimate implementation through institutions and legislation which are the next phases of the environmental programme of a country. Both institution building and legislation are, in turn, facilitated by a growing public awareness of the importance of the environment to the quality of life. Such public awareness is also deliberately planned through education and mass awareness campaigns initiated with the support of both the government and the public. From political will to institutions to legislation to public awareness is the cycle each society goes through in planning its environmental destiny. This paper shall concern itself only with the legislative aspects of environmental protection in Pakistan. Because of my exposure to the experiences of the countries in the Asian and Pacific region, I shall, within the constraints of this presentation, compare these with our efforts in Pakistan. B. PAKISTAN'S REGULATORY REGIME 1. Constitutional Setting What dominates the entire ethos of environmental management in the region is the increasing realization of its importance. So much so that some Constitutions such as that of Papua New Guinea state as a national policy that all natural resources are to be utilized in trust for future generations. Such acknowledgement at the level of a country's Constitution has been an important ingredient of a successful environmental policy. The 1973 Constitution of Pakistan does not go that far. It does, however, include "Environmental Protection and Ecology" in its Concurrent Legislative List (Item 24). The Federation and the provinces, therefore, have the ability to legislate in this area. As per the general constitutional scheme in respect of matters covered in the Concurrent Legislative List, the primary responsibility in the field of environmental protection would seem to lie with the Federal Government. It could be the pacesetter of national policies and laws which orientation can be integrated in provincial laws on specific s objects. The Federation is thus enabled to provide leadership while leaving, matters of detail, if appropriate, to the provinces. In this manner, the philosophy enunciated at the federal level can be synthesized with the resource management and the implementational ability of a province. 2. Environment Ordinance, 1983. It was in the final days of 1983 that Pakistan promulgated the Pakistan Environmental Protection Ordinance, 1983 (the "Environment Ordinance"). Much work and effort had preceded this Ordinance. Earlier, a more ambitious draft Ordinance was prepared and released in 1977 but the events in that year relegated environmental protection to a secondary position. Fortunately, the priority was retrieved in 1983 in the shape of the less comprehensive but yet welcome legislation. The Environment Ordinance is today the principal statement of our national commitment in this area. Our periodic Five Years Plans had, over recent years, been acknowledging the importance of environmental planning but it was through the Environment Ordinance that Pakistan for the first time in 1983 brought environmental concerns to the forefront of public action. In spite of the progress in 1983, the Ordinance remains largely unimplemented. Todate, neither the high-powered National Environmental Protection Council established by it has met nor the important National Environmental Protection Agency which is to administer the Ordinance has been established. Equally disappointing is the fact that the Rules and Notifications required to implement the substantive provisions of the Ordinance have still not been made. The result is that while we have a National Environmental Ordinance highlighting our legislative priorities, the political will to translate it into action has been markedly absent. 3. Other Laws In addition to the Environment Ordinance there is a host of legislation--both federal and provincial--dealing with environmental matters. These include specific laws on factories, forest conservation, parks and wildlife. Many of these predate the Environment Ordinance and, therefore, lack the specific environmental thrust of our recent priorities. Each of these will be noted in the following review of the specific issues of environmental protection. C. SPECIFIC ISSUES AND LEGISLATIVE RESPONSES 1. Environmental Impact Statement Economic development in its various manifestations generally contributes to ecological disruptions. The building of a hydro-electric dam may displace wildlife habitats or interfere with the upstream breeding patterns of certain kinds of fish life. The emissions in the air of a cement plant near a city might contribute to the respiratory and other diseases of the inhabitants of that city. The discharge of industrial wastes in the public waters by a chemical plant might prejudice the agricultural effort in the region when such waters are used for irrigation. The establishment of a noisy factory in the heart of a residential area would disturb the rest and peace of the inhabitants of that area likely resulting in their psychological disorders. Such unplanned economic activity and the policy of ad hoc development has been the bane of our past vision. Nothing would be more important for the present and the future than to ensure that no project in Pakistan be allowed to be built unless the Government has, prior to its establishment, reviewed the consequences that such a project would have on the surrounding environment. The environmental feasibility of the kind being proposed would be similar in concept to the economic feasibility that a project proponent is required to submit to the Government for his project. If the Government has to satisfy itself about the economic viability of a project such as the availability of raw materials and the existence of a market for the end-product why should the Government not also review the environmental feasibility of such a project. Costly mistakes can be avoided by an environmental analysis at the initial phase of project evaluation. Otherwise, some projects become a lasting burden on a nation's soul. The Mathura Oil Refinery that haunts the beauty of Taj Mahal or the Cement Plant being set up near Islamabad are mistakes .that could have been avoided had environmental considerations being taken into account at the time of the approval of these projects. In Pakistan, the only project that I am aware of that was re-sited because of environmental considerations was the Pakistan Steel Mills. It is 'believed that had the Mills been located at the original site, several of Karachi's beautiful beaches such as Sandspit and Hawkes Bay would have been unuseable today. The Environment Ordinance, happily, acknowledges the primacy of an Environmental Impact Statement ("EIS") in the future economic development of Pakistan. Section 8 provides for EIS to be submitted to the Pakistan Environmental Protection Agency (the "Agency"): (2) Every proponent of a project the construction or completion of which is likely to adversely affect the environment shall file with the Agency, at the time of planning the project, a detailed environmental impact statement including information on: (a) the impact on the environment of the proposed industrial activity: (b) the treatment works of the proposed project; (c) the unavoidable adverse environmental, effects of the proposed project; and (d) the steps proposed to be taken by, the project proponent to minimize adverse effects. The Agency is to review the EIS and may either approve it or "recommend to the Federal Government that the project be modified or rejected in the interest of environmental objectives" Left at that, the statutory scheme appears to be satisfactory but the earlier part of Section 8 provides that the section would apply to only such (a) persons or class of persons; or (b) industrial activity or class of industrial activity; or (c) category, type or volume of discharges of air pollutions or wastes, (d) area or class of areas; or (e) classes of public waters. "as may be prescribed by regulations". Unfortunately well over three (3) years after the Ordinance was promulgated, the Regulations have not been prescribed and the result is that the Section has not been applied to any activity in Pakistan. Inasmuch as this section is the core of the entire environmental effort in the Ordinance, it is disappointing to note that it remains entirely unimplemented. I urge the Government to implement section 8 without any further delay and to formulate the guidelines for the preparation of the EIS which it is required to do under section 8(3). In making such regulations and taking action under section 8, my recommendations to the Government would be as follows: (1) The requirement of EIS should be 'immediately extended to all projects that require to be funded by the development financial institutions such as PICIC, IDBP, NDFC and Bankers Equity. If related agencies such as Pak-Libya Holding Company, Pak Kuwait Investment Company and Saudi Pak Industrial and Agricultural Investment Company Limited are also included under Section 8, a substantial portion of Pakistan's economic development would have been covered by section 8. (2) EIS evaluation should be a condition of projects financed by international lending institutions such as World Bank, I.F.C. and Asian Development Bank. (3) The requirement of EIS should be introduced in certain ecologically degraded areas such as industrial estates. Because of the existing level of environmental degradation, even a small but new project in Kala Shah Kaku may bring about unbearable, ecological burdens. (4) The requirement of EIS should be immediately extended to certain high pollutant industries such as leather industries wherever they may be located. (5) To promote public awareness in environmental matters, the Government should require a public disclosure of the EIS. This should be followed by public participation in the evaluation of the EIS. Thus, if the goal is to improve the quality of life, the people who will be affected by an industrial activity in the neighbourhood should be consulted. While on the subject of EIS, I would note the recent announcement of the Punjab Government through the Punjab Small Industries Development Corporation to bring about a massive industrialization in the rural areas of the Punjab. I would caution the Punjab Government in this regard and state that if such development is carried out without consideration of environmental factors, it may bring about an undesirable effect on the quality of life in our rural areas. During a recent Environmental Mission to China, I found that after the dismal environmental impact of industrialization on its cities, the Chinese Government has now moved to its rural areas for its ongoing industrial development. This policy is equally foredoomed as industrial activity in the rural areas without regard to environmental factors would be repeating mistakes already made in the cities. China has developed an inimitable political will to resolve its environmental crisis. Given that commitment, it will turn the destiny of its people for the better but Pakistan should not make the mistake of industrializing its rural areas without due regard to environmental considerations. Ignoring this today might confront us with an irretrievable legacy of pollution beyond our urban centres. The requirement of EIS in Pakistan follows a regional as well as global trend. Many countries in the Asian and Pacific Region have developed procedures for EIS evaluation. Effective examples would be that of Australia and the Philippines. The provisions of the Environmental Quality Acts of Thailand and Malaysia also enable the production of EIS type information. Even where there is no statutory requirement of an EIS, several Governments in the region routinely consider environmental factors in the approval stages of any project. 2. Water Pollution The rivers of Pakistan, so important to its history, are a vital source of life for its people and its livestock. They provide irrigation to our farmers and thereby contribute to the backbone of our agricultural development which is the mainstay of our existence. The rivers also provide drinking water and fish which are important in our food chain. They `provide much recreation to our people. The majesty of some of the rivers has inspired our poets and mystics. Many a. folklore romance has evolved around the rivers of this country. If concrete action is not urgently taken to prevent the fast deterioration of the quality of public waters, the historic use of our rivers may become a part of the past. For, rampant industrial activity, indiscriminate use of fertilizers and pesticides and the uncontrolled discharge of domestic wastes is spoiling the quality of our public waters. Industries discharge chemicals into canals and rivers. Such contaminated water is consumed for direct drinking by livestock and, sometimes, by human beings in several rural areas thereby placing the health of the consumers in jeopardy. Discharged chemicals also find their way into our irrigation system thereby contaminating the food cycle. Because of the vital need to preserve clean public waters, most countries in the region have specific legislation on the subject. Clean Water Acts of several States provide for the classification of water categories, set quality standards for discharges, impose a licensing system therefore and peg licensing costs to the volumes of such discharges. Many of them impose discharge fees and thereby acknowledge the Polluter Pays Principle. In China, the payment of discharge fees is an important element in the carrot and stick policy aimed at introducing environmental controls. If, for example, a project instals, within a stipulated period, pollution abatement equipment which treats the industrial wastes before discharge into public waters, the entire discharge fee paid in preceding years is refunded to be spent for the betterment of the employees of that project. This has motivated many a Chinese industry to zealously work to introduce new technology that would reduce the harmful nature of its discharges. India has set up Water Pollution Control Boards to implement its Water (Prevention and Control of Pollution) Act, 1974. The Indian Standard Institution has already helped evolve certain water quality standards. Some regional countries also undertake specific water quality monitoring programmes while others require such monitoring activity to be conducted by the dischargers who report thereafter to the Government. Grievances in Pakistan against pollution of public waters are becoming ominously common-place. Only in December 1986, for example, the Wafaqi Mohtasib pointed out the adverse effects of a fertilizer plant in Multan on the public water of that city. Yet, we do not have a national Water Quality Act. Much is left to the language of Section 8 of the Environment Ordinance which covers "public waters" but it has been noted that no regulations have to date been made to implement that Section and the result is that the industrial entrepreneurs in Pakistan have a free license to pollute and contaminate our public waters. Beyond Section 8 of the Environment Ordinance, some potential is seen in its Section 4(1)(f) which enables the Pakistan Environmental Protection Council to give directions to; any Government agency, a body or a person requiring it or him to take measures to control pollution being caused by such e2eney, body or person or to refrain from carrying out any particular activity ,prejudicial to public interest or the purposes of this Ordinance. I do not believe that the above section can be the central focus of the environmental effort in Pakistan. The said section does not have any provision for show-cause and hearings and it is unlikely that the directions given under it would be upheld by a Court of law without the indicated safeguards. In the resultant analysis, the public waters of Pakistan are today left to the fragmented provincial legislation in the field of public health and factories. The setting up of the Water and Sanitation Agency under the Lahore Development Authority Act, 1975 is an example of a local response. Similarly, Section 20 of the Lahore Development Authority Act enables LDA to remove sources of pollution. Section 14 of the Factories Act, 1934 deals with disposal of wastes and effluents. But these laws are basically too general and do not have an appropriate environmental input. In any event, even they remain unimplemented by the provinces. The Government should immediately either introduce detailed regulations for the protection of its public waters under section 8 of the Environment Ordinance or, preferably, it should introduce a specific national Water Quality Act which deals with matters such as discharge of wastes into public waters. Provisions should also be made for the licensing of dischargers, discharge fees and the periodic reporting of discharges by industries to the Government. Economic incentives should be extended for industries to introduce pollution abatement equipment which will treat their wastes before discharge. Tax writ-offs and exemptions from customs duty might provide the necessary inducement to our industrialists. 3. Marine Pollution Several countries in the region have recognized the importance of protecting their marine environment through specific legislation in this area. In the Philippines, Presidential Decrees restrict the discharge of oil, oily mixtures, noxious substances and refuse matters into the sea, bays and shores. Malaysia's Environmental Act, 1974 regulates oil discharges and requires the party causing the pollution to bear costs for removing it. Some countries in the region, such as Singapore, have also ratified the International Convention on Prevention of Pollution of the Sea by Oil, 1954. Attention is also invited to other International Conventions such as the one on Civil Liability for Oil Pollution Damage, 1969 and the International Convention relating to Intervention on the High Seas in cases of Oil Pollution Casualties, 1969. Finally the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1971 visualizes compensation for damage which may be attributable to oil spills out of a fund created under the Convention. A comprehensive national response to their marine belts would require Governments to ratify these Conventions. Pakistan has not become a party to any of them. It does not even have an oil spill contingency plan. There is no specific law in Pakistan that would constrain pollution of our seas. Section 21 of the Ports Act, 1908 bars discharge of ballast or rubbish into a port but generally to enable safety of shipping only. This is particularly distressing in view of the expanded scope of our interest in the 200 miles Exclusive Economic Zone ("EEZ") declared in our Territorial Waters and Maritime Zones Act, 1976. Under existing international law and the Conventions on the Law of the Seas, each country has exclusive jurisdiction to the 200 miles EEZ. This for Pakistan is a vast area that could be managed and harvested for the betterment of our peoples. With a rapidly increasing population, the EEZ may well represent the future food-line for Pakistan. None of our legislations impact on the larger aspects of coastal zone management. It is time that we give immediate attention to the development of our fisheries and marine resources, aqua culture, and the related mangrove forests. Each of these would seek to prevent damage to our marine environment by pollutants being discharged from land-based activities as well as from sea-going vessels. Attention should also immediately be given to regulating offshore drilling, and mineral exploration in the EEZ. A specific marine pollution law would well serve Pakistan's interests. Such a law should identify and provide against marine pollution from the principal sources: (1) land-based pollution, (2) coastal construction projects, (3) offshore oil exploration, (4) vessels, and (5) dumping of wastes: The proposed law should establish legal liabilities and entitle an individual who has suffered damage to claim compensation from the polluter. It is further recommended that the law require that all vessels beyond a certain tonnage using our marine waters should be required to be fitted with anti-pollution equipment. Also, vessels of lesser tonnage should be required to have special containers for recovering residual wastes. Only last month, the Government announced the setting up of a Pakistan Maritime Security Agency to generally look after Pakistan's interest in the maritime zone and the EEZ. As the EEZ would represent an area of 100,000 square miles--larger than any province of Pakistan--its administration poses a unique challenge and promise. Laws need to be introduced to facilitate the organized development of-'the potential of this new "province" of Pakistan. 4. Air Pollution Air pollution emanates from stationary sources such as industrial activity and some mobile sources such as vehicular traffic. The assimilative capacity of the air is somewhat greater than the public waters but yet air pollution is becoming a pressing urban problem in Pakistan. This is particularly so in areas where industrial activity is concentrated or in our larger cities where the carbon monoxide discharged by rickshaws and other vehicular traffic is posing a great danger to human health. Yet, our legislative responses are negligible. Even the antiquated Section 14 of the Factories Act, 1934 remains unimplemented. Similarly, Section 39 of the Provincial Motor Vehicles Ordinance, 1965 has not prevented the growing pollution in our cities from discharges of motor vehicles. Even legislations for metropolitan areas such as the Lahore Development Authority Act, 1975 with specific provisions against pollution from "vehicular exhaust" (Section 20) have been totally ineffective. Countries in the region such as Australia, Iran, Malaysia, Philippines, Singapore, Thailand and the USSR have specific air quality legislation. During the visit to China last year, we were informed that China is about to introduce a major air quality legislation. Growing international concern for air and noise pollution due to industrial activity is also found in several I.L.O. Conventions such as the Working Environment (Air Pollution, Noise and Vibration) Convention, 1977. While the potential of section 8 of the Environment Ordinance encompasses air pollution, no measure has been taken thereunder. The Government should consider promulgating a separate air quality law with provisions on emission standards, licenses for emissions, discharge fee and monitoring thereof. Motor vehicles should be subject to more stringent pollution safeguards and there should be periodic inspection of vehicles to monitor their emissions. 5. Noise Noise is caused by activities such as construction, loudspeakers, traffic (road, rail and air) and industrial activity. Scientific studies have shown that if noise levels persistently exceed certain decibels, the normal development of a human being exposed to such noise is prejudiced. Noise levels in the Asian and Pacific Region have presently not reached a crisis level and, therefore, legislative responses are fragmented. Singapore subjected aircraft landings and take offs as from 1970 to Company Noise Statement Procedures. Presidential Decree 1152 of the Philippines covers noise from vehicles, construction sites and factories. Noise levels are of concern in Pakistan only in some cities where industrial activity has been sited so close to residential areas as to prevent rest and recreation by the residents of the neighbourhood. Further, the practice of not using the silencers in rickshaws and constant honking of vehicular traffic has raised noise levels beyond bearable limits in some cities. Other than the routine provisions on "public nuisance" (Section 268) in the Pakistan Penal Code, 1860, no law prevents a source from destroying the peace of a city. Pakistan should, therefore, take some legislative initiative in the matter of noise pollution for its big cities. China visually shows noise levels in some of its major cities through noise meters installed at busy intersections in the city. This could be emulated in Pakistan with two objectives: (1) Constant monitoring would ensure reduced levels of noise. (2) Such noise meters would have the salutary effect of creating public awareness of noise abatement. 6. Forest Conservation The dominant concern in the field of environment in the region is in respect of the need to save the forest wealth of the region. Deforestation has played havoc with the quality of life, particularly, in China and Nepal. India has recognized the importance of preservation and promotion of its Forest wealth. It is presently aiming to raise the area of its land under forest cover from 14% to over 30%. Pakistan, on the other hand, continues to be oblivious to the importance of forest as an important natural resource. Our forest cover is below a dismal 4% with no prospects of improvement. Our Forest Act, 1927 continues to have the in-built colonial thrust which facilitated the exploitation of our forest resources for the benefit of the colonial master. It was not a conservation-oriented legislation. This orientation needs to be replaced through the repeal of the Forest Act, 1927 and its substitution by a contemporary legislation on forest. The new forest order should evolve around the change in the contemporary philosophy in the need to preserve rather than to exploit the forest wealth. We could learn from Nepal's recent experience which found that no forest order can be successful unless it involves peoples' participation in the management of the forests. Our forests are being ravaged for food, fodder, fuel and construction materials. Areas are cleared to introduce agriculture. Livestock grazing also destroys forests. Unless the Government created alternative sources for these needs, our forest wealth will remain under constant pressure. 7. Wildlife Conservation and National Parks Wildlife is a precious resource in any country. In this age of developmental pressures it survives if, among others, its habitat is preserved. Also important in` wildlife conservation is the need to introduce gaming laws which impose ban and season limits on hunting. Of course, such species that are in danger should be totally free from hunting. "Recent" legislations in all provinces such as the Punjab Wildlife (Protection, Conservation' and Management) Act, 1974 recognize the importance of wildlife conservation. These legislations are "contemporary" but what is lacking is the political will and the ability to implement them. I am happy to note that the Government is presently giving increased importance to wildlife conservation by a public campaign in our national news media. As a member of the Board of Governors of the World Wildlife Fund Pakistan, I am happy to report that we have supported this Government initiative in the matter of wildlife conservation. We have been successful with the reintroduction of the beautiful Black-buck in the Cholistan area, in promoting the nesting of the Green Turtle in the Karachi beaches and the multiplication of the Dolphin population in the Indus. We are sensitive to the survival of the Snow Leopard in our northern areas. Our efforts to protect the Houbara Bustard have, however, been less successful. We have not been able to get the five (5) years moratorium on hunting this bird by the Arabs in Pakistan. Such a ban is vital to the survival of this threatened species. The need for wildlife conservation in Pakistan is not a "law"--that already exists. The requirement is a proper implementation of the law. Wildlife conservation is combined with the related development of national parks and wildlife sanctuaries as is done under regional laws such as the National Parks and Wildlife Conservation Act, 1975 (Australia), the Wildlife Preservation -Act, 1973 (Bangladesh), the Wildlife Protection Act, 1972 (India), the Fauna and Flora Protection Ordinance (Sri Lanka) and the Wild Animals Preservation and Protection Act, 1960 (Thailand). National Parks in Pakistan include the Kirthar National Park in Sind and Lal Sohanra National Park in Bahawalpur. The Kalabagh reserve and the Khunjerab range are other protected areas. 8. Pesticides and Fertilizers The Agricultural Pesticides Ordinance, 1971 could adequately meet the threat to our environment by the indiscriminate use of pesticides in the agricultural effort of Pakistan. Its Section 4 enables the Government to disallow registration of a pesticide if it is detrimental or injurious to human or animal health or to vegetation except weeds. But its implementation remains an elusive goal. The quality of our soil and of our public waters is being greatly affected by such use. The need is to regulate the use of such products. Pakistan has no specific legislation on the use of fertilizers. There is a statutory basis, however, for the regulation of the use of both pesticides and fertilizers under the Philippines Environmental Code. The approach- in Papua New Guinea is yet more futuristic: its Environmental Contaminant Act defines an "environmental contaminant" to include "any substance which causes an alteration of the environment so as to adversely effect its beneficial use". Included herein could not only be pesticides and fertilizers but also toxic substances and radioactive materials. 9. Cultural Environment The beauty of a country is a part of its environmental heritage. Not only should our mountains, rivers and seas be immunized from pollution but we should seek beauty in our day to day life. The Islamabad (Preservation of Landscape) Ordinance, 1966 is an effort in this direction. Cultural environment is sought to be protected through' legislation such as the Antiquities Act, 1975 and the recent Punjab Special Premises (Preservation) Ordinance, 1985. This trend accords with the regional interest in this field. D. CONCLUSIONS The above review would have shown the-total lack of political will to protect our environmental legacy in Pakistan. The approach is at best a fragmented one whereas the need is for an overall integrated effort where all the aspects of pollution have to be considered in their proper perspective. It is already getting late to retrieve the damage in some areas to our environment and it is my view that if we do not move immediately today, tomorrow will be too late. Providing legislations in the specific areas noted above will by itself, of course, not solve all our problems. For it is well known that legislations by themselves cannot alter the harsh reality of a threatened environment. Equally important is the need to develop the political will to implement these legislations. This is admittedly handicapped by the conditioning factors such as lack of funds, lack of manpower, lack of technical facilities such as laboratories and testing equipment, illiteracy of our people, rampant poverty and general lack of environmental concern and awareness among our masses. Environmental protection would likely remain an elusive goal in Pakistan unless a concerted attempt is made to appropriately improve the setting in which the proposed legislative order is sought to be implemented. The Swiss-based International Union for Conservation of Nature and Natural Resources ("I.U.C.N."), on whose governing council I serve as a representative from this region, has recently been invited by our Government to draw up the National Conservation Strategy for Pakistan. I am happy to inform you that the preliminary draft of such a strategy shares many of the concerns of this paper. RELEVANT PUBLICATIONS BY THE AUTHOR (1) Institutional and Legislative Framework for Environmental Management in Pakistan, a paper presented at the Workshop on National Conservation Strategy of Pakistan held in Islamabad in August 1986. (2) Legislation as a Tool for Environmental Management, a paper presented at the International Seminar on "Environment and Urban Development" in Islamabad in September, 1981. (3) Institutional and Legislative Framework for Forestry Management in the ESCAP Region (ESCAP, 1985). (4) Status of Environmental Protection Legislation in the ESCAP Region (ESCAP, 1978). (5) Fighting Pollution in China, P L D 1986 Journal 284-297. ***