EcoWatch
A 7-year-old girl, Rabab Ali, through her father and pro bono
environmental attorney Qazi Ali Athar, and on behalf of all the
Pakistani people, filed a
climate change lawsuit Tuesday against the Federation of Pakistan and the Province of Sindh in the Supreme Court of Pakistan.
The
Constitution Petition asserts that, through the exploitation and continued promotion of fossil fuels, in particular dirty
coal,
the Pakistan and Sindh governments have violated the Public Trust
Doctrine and the youngest generation's fundamental constitutional rights
to life, liberty, property, human dignity, information and equal
protection of the law.
"The protection of these inalienable and fundamental rights is
essential if we are to have any chance of leaving our children and
future generations with a stable climate system and environment capable
of sustaining human life," said Qazi Ali Athar, public interest
environmental attorney representing his daughter as youth petitioner in
the case.
"Pakistan is rich in
renewable energy
resources such as solar and wind, more than enough to meet the energy
needs of current and future generations of Pakistanis.
Yet the federal
and provincial governments of Pakistan, along with the vested interests
in the country and the region, are exploiting Pakistan's most
environmentally degrading and carbon intensive fuels—low-grade coal from
the Thar Coal Reserves—in violation of the Pakistani people's
constitutionally protected fundamental rights."
The petition details how the Pakistan government has acknowledged the
particular vulnerability of Pakistanis to the effects of climate
change, including the increasing frequency and severity of
extreme weather events
such as heat waves, droughts, flooding and cyclones.
The government has
also recognized, in the National Climate Change Policy (NCCP) and the
Framework for Implementation of Climate Change Policy (Framework),
Pakistan's "role as a responsible member of the global community in
combating climate change … giving due importance to mitigation efforts."
And in Pakistan's Intended Nationally Determined Contribution (INDC)
submitted in December 2015 prior to the climate talks in Paris, the
government admitted, "Potential for mitigation exists in all sectors of
[Pakistan's] economy" and made the commitment that "Pakistan will
promote and support low-carbon, climate resilient development."
Yet,
completely antithetical to these statements and in violation of the
fundamental rights of the people of Pakistan, the government, in its own
climate change policy documents and Pakistan's INDC, promotes and plans
for a significant increase in Pakistan's CO2 emissions through the
exploitation of large untapped low-grade coal reserves.
Ali hopes that by bringing this petition, her government will start
doing its share "as a responsible member of the global community" in
reducing atmospheric CO2 and achieving global climate stabilization and
that the Supreme Court will order the government to develop and
implement science-based mitigation actions, tiered to achieving such a
goal, as part of the NCCP, Framework and INDC.
The petition includes the
prescription for achieving global climate stabilization from the
renowned climate scientist,
Dr. James Hansen,
which says that to restore a stable climate system, the dangerous
levels of CO2 currently in our atmosphere must be reduced to below the
maximum safe level—350 ppm atmospheric CO2—by the year 2100.
"Last year, to celebrate 'World Earth Day,' I pledged allegiance to
the Earth and to the flora, fauna and human life that it supports, with
safe air, water and soil, economic justice, equal rights and peace for
all," said Youth Petitioner Ali.
"I want my government to take a similar
pledge, by creating a plan that will allow me and future generations a
safe environment to grow up in."
Youth global legal action
"Youth are rising up globally and taking their governments to court
to seek protection of their inalienable rights to a stable climate
system," said Julia Olson, executive director for the nonprofit
organization
Our Children's Trust and lead counsel on a climate lawsuit brought by
21 young people
against the U.S. government.
"This case filed today in Pakistan builds
on similar cases brought by young people in Uganda, Ukraine and the U.S.
Our Children's Trust is working in partnership with young people around
the world to elevate their voices and provide them with legal and
scientific support, including youth who are mobilizing in India, Canada,
France, England, Australia and elsewhere. This youth legal movement is
growing."
"This bold action is indeed evidence of a global movement of citizens
demanding science-based climate action from their governments, which
the
Paris agreement
did not achieve," said Roger Cox, attorney for URGENDA who recently
secured a court order in the Netherlands ordering the Dutch government
to decrease emissions.
"Like the court found in our Dutch case,
governments have a duty to safeguard the climate for present and future
generations.
"Valuable legal precedents are being set that will hopefully
become an avalanche of successful climate change court cases against
governments worldwide.
"In the absence of sufficient political action to
tackle the climate crisis, courts have the authority and the
constitutional duty to prevent and protect society from climate change
related damages, casualties and infringements of fundamental rights and
civil liberties.
"What courts do in these cases will have implications
for the rest of the world and for the degree of climate change we will
all face in the years to come."
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