Legislative Measure On Pops

LEGISLATIVE MEASURE ON POPs LEGISLATIVE MEASURE ON POPs By Muhammad Yasin Hatif, LL.M. (London) Advocate, Supreme Court of Pakistan Persistent Organic Pollutants (POPs) are hazardous chemicals1 which persist in the environment and are sources of diseases. They are group of chemicals which are very toxic and can lead to negative health effects both in male and females2 causing endocrine disruption3, cancer, birth defects, affecting reproductive system and synergistic effects on them at large. People and animals are exposed to POPs mostly through their diet as they accumulate4 in the fatty tissues which don't degrade quickly over the time and these POPs travel vast distances via air and water. To restrict the production, storage, usage and improper disposal of the POPs, the international community conducted the Stockholm Convention5 on 22 May 2001 which was entered into force on 17 May 2004 (the "Stockholm Convention"). POPs exert negative effects6 on the environment through the processes of long range transport, bioaccumulation and bio magnification and over 90% of exposure comes from animal product foods due to its bioaccumulation in the fat tissues. Initially the Stockholm Convention recognized only twelve POPs which were called as "Dirty Dozen" for their adverse effects on human health and the environment like Aldrin, Chlordane, Dieldrin, Dioxins Polychlorinated biphenyls (PCBs), etc. but subsequently this list was updated with further addition in it counting to 26 in numbers7 in different period of the years. POPs pose particular threat to the human being due to consumption of contaminated marine mammal8 species in traditional diets. The Stockholm Convention requires parties to take measures to eliminate or reduce the release of POPs in the environment. In the Asia-Pacific Region POPs can easily cross national boundaries, from the developed countries despite international restriction under Basel and Stockholm Convention, which has caused the extensive use of toxic/ hazardous substances in these countries which really is a challenging issue requiring evidence-based policymaking and stringent legislation there. More consistent and integrated approach could strengthen national, regional and sub-regional control of trans boundary movements and transportation of POPs by effective monitoring, sound management and stern action. The Stockholm Convention was based on two earlier international treaties i.e. the Basel Convention in 1989 on the control of Trans boundary Movements of Hazardous Wastes and their disposal and secondly the Rotterdam Convention in 1998 on the Prior Informed Consent Procedure for certain hazardous Chemicals and Pesticides in international trade with broader scope to conserve humans and environment from being exposed to adverse effects of hazardous chemicals and wastes. Keeping in view these conventions in mind the United Nations Environment Program Governing Council in the year 1997 established an intergovernmental negotiating committee to develop a legal binding international agreement on POPs and Unintentional Production of POPs (UPOPs) which led to the adoption of Stockholm Convention. The earlier two Conventions are still in field with addition of Stockholm Convention which addresses to control the production, usage, trade, stockpiles and release of POPs with certain restrictions and exceptions to them. In order to ensure the coherent and effective control of POPs, the Stockholm Convention9 adopted the Precautionary approach set forth in Article 1 of the Convention which was previously adopted in Principle 15 of the Rio Declaration on Environment and Development to protect human health and environment. The Convention requires parties to develop respective national legal framework in consonance with the Convention's objectives. Although Pakistan has ratified the Stockholm Convention but after 18th Amendment the subject of Environment was devolved upon the Provinces to promulgate respective laws in consonance with the constitutional and legislative requirements and further to give effect to the international commitments. The existing legislation, in current scenario, requires robust regulatory measures to make policies in context to Convention's objectives. Pakistan has to design, establish and implement effective and efficient legal framework that will ensure the environmentally sound management of the POPs. The existing legal and institutional framework for chemical management is not compatible with the international regulatory measures so required under the Stockholm Convention. Legislation governing the remediation of land and water on contaminated sites, which addresses POPs, is also missing amidst the legislative measures which are vital for the cleaning up of sites affected by POPs as a consequent of pollution causing activity. POPs released into the environment in shape of pesticides for plant protection efforts, usage in shape of oils, as dielectric and cooling fluids in capacitors and transformers, for wood preservation etc. with chemicals like polychlorinated biphenyls (PCBs) and pentachlorophenol which either spills or evaporate in the environment. Although, in agricultural sector, "The Agricultural Pesticides Ordinance 1971 (the Agricultural Ordinance) in Punjab, which was amended subsequently in other provinces too, is over there which regulate the import, manufacture, formulation, sale, distribution and use of pesticides with permission in shape of license but such Agricultural legislation neither speaks about the handling of POPs in the country nor the same apply to pesticides that are consider to be POPs. Such legislation does not include the assessment criteria of risks to human health and the environment that are presented by specific pesticides. Wastes containing POPs are regarded as hazardous wastes including pesticides with specific composition. Sections 13 and 14 of the Punjab Environmental Protection Act, 1997 (Amended in 2012) restrict the import of hazardous waste into the province except with the permission to generate, collect, consign, transport, treat, dispose of, store, handle or import under a license from the competent authority. The definition provided under the aforesaid Act ousts the POPs in category of Pesticides as defined in the Agricultural Pesticides Ordinance, 1971 (II of 1971). Under Stockholm Convention the purpose of hazardous waste legislation was to protect human health and the environment from the risk of adverse impacts due to improper management of wastes. Pakistan has not developed plan to compile national inventory of all chemicals yet or even has not adopted UN's Globally Harmonized System (GHS) of classification and labeling of chemicals inside the country which system is the internationally agreed-upon standards managed by the United Nations. National chemicals and hazardous waste policy is a dream in the country along with its implementation plan. Although Pakistan aims to promulgate legislation to control chemicals being imported into and exported outside the country but still a potential work is missing to legislate on policy, regulations and on an Act to control the hazardous substances. The enactment process in Pakistan requires priority actions under an appropriate legal and regulatory framework in order to address the POPs which is missing in the national environment agenda to meet the requirements of Stockholm Convention. *The writer is an environmental lawyer and activist and the above analysis in the article reflects personal views of the author onl