The failure of environmental policies in BD: It’s time to let the cat out of the bag
The Bangladesh The Bangladesh
Today
Sadia Afrin Kumu : Bangladesh has a long legacy of environment related policies. Since the early 1980s environmental issues have started drawing attention of the policy planners in Bangladesh, the environmental policy in Bangladesh started to take shape. The 1990’s decade marks the beginning of the history of environmental policy in Bangladesh. The need for rapid industrial and economic growth introduced such a situation in Bangladesh that has resulted into a situation whereby healthy environment has become a huge task. Like all other nations of the world, Bangladesh also acted on the global call for the protection and conservation of natural environment and ecology.The concerns for environment protection were, however, reflected on the national planning process and several policies.
In the early 1990s, the government started to take measures, drafted the National Conservation Strategy, adopted the National Environment Policy1992 and revised the old law by enacting the Bangladesh Environment Conservation ActRules 1995, Environment Conservation 1997 and Bangladesh Environment Court Act environment justice system. The concerns for environment protection were, however, reflected in the national planning process that was started in 1973 in Bangladesh with the formulation of First Five Year Plan. The First (1973-78), Second (1980-85) and Third (1985-90) Five Year Plans laid thrust on the promotion of environmental security in Bangladesh. Inthese Five Year Plans, emphasis was made for the first time on the environmentally desirable integrated development.
In a nutshell, the concern about environmental issues has been reflected in different policy initiatives taken by the government of Bangladesh. The major policy initiatives, strategies and plans emphasized environment and natural resources management to achieve sustainable development. Since the 1990s environmental management has become a priority issue in Bangladesh. Already, successive governments have adopted a number of policies where environment and development issues have been addressedconsciously. Bangladesh is trying to adopt the laws and policies by either amending its constitution or by enacting new national legislation regarding environmental protection. Bangladesh is also trying to incorporate environmental friendly legislation, policy for the healthy and clean environment. But these laws, policies, initiatives are not getting enough success in Bangladesh.
Although the governments have deployed an series of environmental protection laws, our country continues to experience unprecedented environmental “crises,” including climate change, resource depletion, species extinction, ecosystem damage, and toxic air-water-land pollution. Despite the remarkable acknowledgment and recognition of these serious environmental issues, and despite of having a growing list of laws designed to address these issues, the reality is that these severeimpacts of environmental changes continue, and may even be worsening. There is an unavoidable problem of the countries like Bangladesh to implement the environmental laws because of inadequate national legal mechanism. However, some usual practices and constraints, in terms of institutional, legal, policy framework still lag behind these policies.
Inter- sectoral coordination in dealing with cross cutting issue like environment is a major issue in Bangladesh. The management responsibilities of different environmental components are divided into different sectors and ministries. This hinders smooth operation and execution of sustainable management regime.Such inconsistencies are responsible for the inter-sectoral conflicts, mainly due to lack of coordination. In the process, the subject of protecting the resources and the ecosystems does not happen to be treated with appropriate urgency and priority and thus creates inconsistencies. Sectoral policies are sometimes found to be in conflict with each other. This sort of conflicts among the policies is serious flows in this aspect.
On the other hand, there are few action programmes and a lack of skills and expertise to take appropriate actions to ensure that both government and private sector developments properly address environmental concerns. With few exceptions there is still a lack of institutional awareness let alone capabilities to address policy goals and objectives. Institutional capacity for implementing the various action measures identified for fulfilling the primary functions of environmental planning, monitoring and enforcement remains weak. This is due to a number of factors including lack of consistency among the policies and the institutional weakness of the line agencies of the Government. Most of the concerned Ministries and Departments lack institutional capacities in terms of human, technological and financial resources needed for proper implementation of the policies. They have shortage of adequate and trained manpower. There is lack of an information management system supported by a strong data bank to back up planning, policies and monitoring activities. Absence of regular training programs to support staff development.
Most significantly, the major constraint behind the failure of the environmental laws of Bangladesh is the low budget and funding in the environment sector. The sustainable development of a country requires a big amount of funding to ensure the proper implementation of the environmental policies. For the inadequate budget, the implementation of environmental policies lags behind. Poverty is one of the main factors of environmental degradation in a developing country. Poverty alleviation has been in focus in all the successive plans but the country had different experiments to face in different plans. Besides this, extreme pressure of a huge population of more than 170 million on a limited resource base, including land, has strained the country’s carrying capacity in terms of both the source and the functions of the environment. In such an pervasive predicament, the environment policy- making and implementation are intensely affected rather than overemphasized.
The institutional aspects reflect the need of inter-sectoral cooperation to tackle environmental problems that need new and appropriate institutional mechanisms at national levels. Environmental issues need to be dealt with the participation of all concerned, with the government and citizens at the relevant levels. This, unfortunately, Is almost absent in Bangladesh. Moreover international organizations and multinational corporations most often are pressing the government to adopt unsustainable policy, which cause serious degradation to the environment in developing countries including Bangladesh.
The formulated policies, although fairly rich in content, are not always supported by necessary actions of implementation. The policies are not that convenient to implement either. Though the policy states that “coordination’ will be established but the mechanism for that has not been spelled out. Besides these, due to the absence of an overall monitoring authority of these departments, no progress or suggestions for the improvement in this area has yet been achieved.
After the independence the growth of industries in the country has generally been unplanned without keeping the issue of environmental protection in careful consideration. There are many industries in the residential area causing pollution of air and water through smoke emitting chimney and dumping of untreated effluent. Industrial wastage have polluted the water of the Buriganga, the Shitalakhya, the Karnafuli and the Rupsha rivers. Effluents from tanneries are extremely harmful to human beings since they contain high concentration of chromium compounds. Industries are significantly responsible for environment pollution. But the government or law enforcement agencies fail to impose concerned environment laws for the arbitrary approach of the industrialists. They don’t pay any heed to the environmental laws.
It is worth mentioning here that, most of the politicians are from business sectors in the context of Bangladesh. They themselves are industrialists. Besides this, the industrialists, who are responsible for intense environment pollution, make the law makers biased by raising funds or incentives and thus the polluter dominate the policy making process of this country. This frustrating reality regarding the nexus between the politicians and polluters are sometimes responsible for the un-implementation of environmental laws strictly.
On the other hand, the majority of the environmental laws were passed under substantially different population and development conditions. These outdated laws and other improperly and incompletely updated laws are neither adequate to meet the present day needs of the country nor consistent with the changing environmental scenario of the world. A law passed two to five decades back cannot incorporate the concept of sustainable development or one’s right to healthy environment, which are the outcome of very recent concern about environment. Such laws can not play any effective role in combating environmental pollution in today’s Bangladesh, For example, Agricultural and Sanitary Improvement Act, 1920; Embankment and Drainage Act, 19 52; The Town Improvement Act, 1953 yet.Moreover, the existing laws can be criticized for their non-punitive approach.Only a few legislations like The Penal Code, Tea Plantation Ordinance, Wildlife (preservation) Order etc. provide for punishment, but these are also too marginal to influence people’s attitude.
There are some other barriers in the application of environmental laws in Bangladesh, such as lack of awareness about environment, lack of proper knowledge about the law at the operational level as well as duties, lack of political commitment, institutional weaknesses and the lack of policy orientation, uncertainties over the legal status of resources, absence of firm and long implemented by term policies in some sectors that are to be appropriate laws
Therefore, undertaking plenty of new laws would not bring in the desired change in the environmental order. The failure of the existing law is overwhelmingly attributable to the negligence of the implementing agencies. Strict accountability with compatible sanction need to be well stipulated and practised together with massive awareness programme. Enforcement of environmental legislations and standards has to begin with public agencies and sectors that control the key resources of the environment. The combatting of the pressing needs of the environment cannot be met without an effective legal framework and its proper implementation.
The writer is a student of the Department of International Relations of Bangabandhu Sheikh Mujibur Rahman Science and Technology University, Gopalganj.