FOLLOWING IN URGENDA’S FOOTSTEPS – ANOTHER LANDMARK CLIMATE CHANGE DECISION BY PAKISTANI COURT
According to the Climate Law Blog of the Columbia Law School, “Leghari v. Federation of Pakistan now joins the Urgenda decision in the Netherlands as an important judicial decision directing a national government to take action on climate change based on fundamental legal principles”. When a farmer in Pakistan sued his government for failing to carry out the country’s National Climate Policy and Framework, the High Court of Lahore ruled in September that “Climate Change is a defining challenge of our time...On a legal and constitutional plane this is clarion call for the protection of fundamental rights of the citizens of Pakistan, in particular, the vulnerable and weak segments of the society who are unable to approach this Court”. Citing the life-threatening dangers of drought and flooding in the country, the judge directed several government ministries to ensure the implementation of the Framework, with a deadline of December 31, 2015 for action plans. The court also created a Climate Change Commission with representatives from government, NGOs, and technical experts. An article in the Toronto Star (Oct. 3) quotes Canadian legal experts on the decision. See the text of the decision at the Environmental Law Alliance Worldwide website.