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Another major challenge in responding to climate change risks is the “threat multiplier” nature of climate change. Climate change is not a discrete subject. Instead, climate change threats should be thought of as putting additional stress on already over-burdened state infrastructure in all sectors. A provincial policy, like the NCCP, would have to be inter-disciplinary and would require inter-Department coordination at the provincial and local levels. Water security and flooding, for example, are matters in the domain of the Irrigation Department. Food security issues are the domain of the Food Department.
With water management and irrigation provincial subjects under the Constitution, one would imagine provincial governments would have taken notice, especially in light of floods in 2010, 2011 and 2013, of climate change. But this is not the case. There is even potential for provincial governments to take steps towards ensuring disaster protection to farmers and the agricultural supply chain by introducing insurance products. However, given the clear demarcation of responsibilities in the Federal and Provincial Rules of Business, climate change has never been seriously considered at the provincial level and it is probably too much to expect each Department concerned with climate change risks to devise and seek budget allocations for individual climate change programs. In the current political climate, I do not see political interest supporting such an initiative. It is therefore suggested that a lead department be designated for designing provincial climate change policies.
This may be done by introducing the new responsibilities for formulating and implementing province-specific policies, strategies and programmes regarding climate change and desertification to the Environment Protection Departments of provincial governments. This will require an amendment in provincial Rules of Business, which may be done by notification. It will be relatively easier to receive the political support necessary to ensure a single-Department prepares a provincial climate change policy. One of the first things any provincial initiative on climate change must do is carry out a review of the climate suitability of existing legislation. Legislation in the irrigation sector, for example, is from the 19th Century. A review would seek to examine the suitability of existing legislation and the regulatory framework they operate within to the modern challenge of climate change.
Given the scenario in Pakistan described above, where there is little political attention given to climate change and no specific climate change legislation, there is little by way of support other than Constitutionally protected Fundamental Rights. There is plenty of public-interest environment jurisprudence developed by the Superior Courts of Pakistan to cover the proposition that climate change risks are risks to the right to life. The State has the obligation, as per Shehla Zia, to pro-actively protect the Fundamental Right to life. This Constitutional obligation should be the starting point of any initiatives towards formulating climate change policy and enacting climate change law in Pakistan.