Think Green, Go Green : The Environmental Laws in Bangladesh

Fabliha Afia:

Protection of the environment is important. To quote United Nations Secretary-General António Guterres, ‘Protecting the environment is preserving life itself’.^[1]

ENVIRONMENT PROTECTION IN BANGLADESH

There are laws in Bangladesh to preserve and protect the environment. Article 18A^[2] of the Constitution states that the State shall endeavour to protect and improve the environment and to preserve and safeguard the natural resources, biodiversity, wetlands, forests and wildlife for the present and future citizens. Thus the constitutional provision shows the significance of the environmental protection in Bangladesh.^[3] Another principal legislation to protect the environment is The Environment Conservation Act of 1995.^[4] This was enacted to conserve the nation’s environment. Its main goals are to ‘provide for the conservation of the environment, improvement of the environmental standards, and control and mitigation of environmental pollution’. This enactment has been amended by The Bangladesh Environment Conservation (Amendment) Act, 2010. Some of the important provisions of the 1995 Act are as follows: s.2^[5] has defined environment as the inter-relationship existing between water, air, soil and physical property and their relationship with human beings, other animals, plants and microorganisms. According to s.5,^[6] if an area is in an environmentally critical situation then the Government can take the necessary steps for improvement of the critical situation. S.6^[7] of the Act seeks to regulate the emission of smoke from vehicles injurious to the environment. S.6A^[8] seeks to regulate the manufacture, sale etc. of articles, such as polythene to protect the environment. S.6B^[9] imposes restrictions on cutting hills. S.6C^[10] seeks to control the production, storage, transport, disposal etc. of hazardous waste. ‘Hazardous waste’ means any kind of waste, due to its physical or chemical properties or contraction with other waste or substances create toxicity, infection, oxidation, exploration, radioactivity, decay or other harmful effects to the environment.^[11] S.6D^[12] imposes restrictions on pollution due to ship breaking. S.6E^[13] seeks to preserve water reservoirs. According to s.12,^[14] Environmental Clearance Certificate will be required, to establish any industrial unit or project. The remedial measure under the Act is that compensation and corrective measures can be imposed for injuring the environment under s.7.^[15] Further, according to s.15, imprisonment and fine can be imposed for non-compliance of a direction.^[16] Thus the 1995 Act addresses many aspects of the environmental issues to maintain sustainability.

There are more laws related to the protection of the environment. Some of them are The Environment Conservation Rules 1997, The Forest Act 1927, The Bangladesh Water Act 2013, The Protection and Conservation of Fish Act 1950, The Brick Manufacturing and Brick Kilns Establishment (Control) Act 2013, The Environment Court Act 2010, etc.

The Environment Conservation Rules 1997 is made in accordance with the Environment Conservation Act of 1995, to provide additional guidance for specific components of the Act. For example, the rule elaborates the procedure for issuing Environmental Clearance Certificate, classification of industrial units, the environmental standards for air, water, sound, odor, gaseous emissions, and other components of the environment, etc.^[17]

The Forest Act 1927 aims conservation of the forests. The Act consolidates the law relating to forests, the transit of forest-produce, and the duty leviable on timber and other forest-produce.^[18]

The Bangladesh Water Act 2013 makes provision for integrated development, management, abstraction, distribution, use, protection and conservation of water resources.^[19]

The Protection and Conservation of Fish Act 1950 aims to protect and conserve fish. Accordingly, the Government may prohibit for a specified period the catching, carrying, transporting, offering, exposing or possession for sale or barter of fishes below the prescribed size of any prescribed species throughout Bangladesh or any part thereof.^[20]

The Brick Manufacturing and Brick Kilns Establishment (Control) Act 2013 aims to control activities relating to brick manufacturing and brick kiln establishment for the interest of conservation and development of environment and biodiversity.^[21]

The Environment Court Act 2010 provides for the establishment of courts for the trial of offences relating to environmental pollution.^[22]

From the above analysis it can be seen that there are national laws in place to protect the environment. There is also provision for courts to particularly resolve environment related offences. There are also relevant national policies and strategies such as the National Forest Policy 1994,^[23] National Energy Policy 1995,^[24] National Fisheries Policy 1998,^[25] National Policy for Safe Water Supply and Sanitation 1998,^[26] National Agriculture Policy 1999,^[27] National Environment Management Action Plan (NEMAP) 1995, etc.^[28] Bangladesh is also a signatory to many international conventions, treaties, and protocols, etc. in connection with the conservation and protection of the environment and ecology, such as Convention on Biological Diversity,^[29] Nagoya Protocol,^[30] Cartagena Protocol,^[31] UNFCCC,^[32] Kyoto Protocol,^[33] Paris Agreement,^[34] UN Convention on Non-navigational Uses of International Watercourses,^[35] Basel Convention,^[36] Vienna Convention for the Protection of the Ozone Layer,^[37] Montreal Protocol,^[38] Transforming our world: the 2030 Agenda for Sustainable development,^[39] etc. Thus there are also international guidelines, informing the goals that needs to be achieved to maintain a sustainable environment.

THE NEED FOR EFFECTIVE IMPLEMENTATION

Despite the different national laws and international guidelines, adequacy of environmental protection is still questionable in Bangladesh. Dhaka, the capital city of Bangladesh has been cited as the most polluted city in the world, according to US Air Quality Index (AQI) in January 2018.^[40] Since the report, the air quality has improved but it is still unhealthy according to AQI.^[41] The main sources of outdoor air pollution in Bangladesh are brick kilns and construction works according to Ziaul Haque, director of Air Quality at Department of Environment.^[42] There are 9,700 brick kilns in the country according to a former additional director-general (ADG) of the Department of Environment, Abdus Sobhan.^[43] Brick kilns are considered as the major sources of air pollution in the country.^[44]  It is one of the largest sources of greenhouse gas emissions, estimated to be on the order of 15 million tonnes of carbon dioxide annually, according to a research conducted by the Housing and Building Research Institute of the Housing and Public Works Ministry.^[45] It is also a major source of land degradation and deforestation.^[46] According to Abul Kalam Azad, director general of Directorate General for Health Services, air pollution is one of the major causes of deaths in the country. Exposure to air pollution lead to strokes, heart attacks, lung cancer and chronic lung diseases. More than 37,000 Bangladeshis die annually from diseases related to air pollution, according to the World Health Organization.^[47] To address the issues, The Brick Manufacturing and Brick Kilns Establishment (Control) Act 2013 has been enacted. It has mandated the kilns to change and adopt green technology, to relocate and has also imposed restrictions on the use of fuel, etc. to protect the environment.^[48] However not all brick kilns has abided the law. According to environmental experts, the rest of the non-modernised brick kilns pose threat to the environment, and also responsible for polluting the air, damaging agricultural lands and causing hazards to human health.^[49] Thus effective implementation of the law is required to mitigate the alarming issues and to protect the environment. All other sources of air pollution such as industrial emissions,^[50] vehicular emissions,^[51] etc. should also be addressed.

Another major criticism against adequate environmental protection is that industries are being set up within 10 kilometres of Sundarban, which is an Ecologically Critical Area (ECA).^[52] “Ecologically Critical Area” means such areas which are rich in unique biodiversity or due to the importance of environmental perspective necessary to protect or conserve from destructive activities.^[53] Setting up of industries in ECA is prohibited according to the Environment Conservation Act 1995. Sundarbans is one of the largest mangrove forest in the world. It is enlisted in the UNESCO World Heritage.^[54] The Sundarbans provides sustainable livelihoods for millions of people in the vicinity of the site and acts as a shelter belt to protect the people from storms, cyclones, tidal surges, sea water seepage and intrusion.^[55] Environment experts think all these industrial activities near Sundarbans are posing serious threats to the forest.^[56] Thus proper implementation of the law is required to adequately protect the forest and the environment.

CONCLUSION

There are more contemporary environmental issues like plastic pollution,^[57] water pollution,^[58] land degradation,^[59] global warming,^[60] noise pollution,^[61] biodiversity loss,^[62] wildlife extinction,^[63] extinction of marine life,^[64] coral reef extinction,^[65] greenhouse effect,^[66] degradation of ocean,^[67] degradation of forest,^[68]  etc. in Bangladesh. From the above analysis it is apparent that there is room for further improvement to better safeguard the environment. Bangladesh has strong environmental laws, policies and regulations, thus proper implementation of the law is required to  adequately protect the environment and to reach the SDG goal of sustainable environment.^[69] Along with effective implementation, there is a need to integrate environmental protection and management into national planning and also strengthen environmental institutions.^[70]

An Act of Parliament is also required to address the alarming issue of plastic pollution. It is a global challenge. Plastic waste ends up in landfills, litters parks, streets, beaches, etc., pollutes waterways, lakes, rivers, streams, oceans. It also harms wildlife and marine life.^[71] Every year, one million birds and over 100,000 sea mammals worldwide are injured or die when they mistake plastic for food or become entangled. Globally, one garbage truckload of plastic waste enters the ocean every minute, and that amount is increasing steadily. Immediate action is required for plastic pollution.^[72] Accordingly, to protect and preserve the environment for now and future generations^[73] the following recommendations should be codified:

1. Ban harmful single-use plastics (such as plastic bags, straws, cutlery, plates, stir sticks, cups, boxes, etc.) where supported by scientific evidence and warranted, and take other steps to reduce pollution from plastic products and packaging;^[74]
2. Introduce standards and targets for companies that manufacture plastic products or sell items with plastic packaging so they become responsible for their plastic waste;^[75]
3. Support alternative innovations, and promote the use of safe and affordable alternatives;^[76]
4. Ensure the collection and disposal of plastics;^[77]
5. Ensure that no plastic which is not capable of being recycled is produced or used;^[78]
6. Include a list of plastics and uses of plastics that should be designated as essential;^[79]
7. Set target dates by which plastics and uses of plastic deemed not to be essential should be eliminated;^[80]
8. Include remedial measures which may include, but not restricted to-^[81]
9. the collection of plastics for reuse, recycling and safe disposal;
10. taxes;
11. subsidies;
12. regulation;
13. licensing;
14. prohibitions;
15. labelling;
16. research and innovation;

the

^[1] United Nations, ‘Earth Hour 2018’ <https://www.facebook.com/unitednations/videos/10156359040330820/> accessed 22 May 2018

^[2] The Constitution of the People’s Republic of Bangladesh, Article 18A

^[3] Arif Ahmed, ‘Conservation of ECAs’ The Daily Star (06 June 2017) <https://www.thedailystar.net/law-our-rights/conservation-ecas-1415971> accessed 23 May 2018

^[4] The Environment Conservation Act of 1995

^[5] The Environment Conservation Act 1995, s. 2

^[6] The Environment Conservation Act 1995, s. 5; amended by The Bangladesh Environment Conservation (Amendment) Act 2010, s.3

^[7] The Environment Conservation Act 1995, s. 6

^[8] The Environment Conservation Act 1995, s. 6A

^[9] The Environment Conservation Act 1995, s. 6B; amended by The Bangladesh Environment Conservation (Amendment) Act 2010, s.4

^[10] The Environment Conservation Act 1995, s. 6C; amended by The Bangladesh Environment Conservation (Amendment) Act 2010, s.4

^[11] The Environment Conservation Act 1995, s.2(aaa); amended by The Bangladesh Environment Conservation (Amendment) Act 2010, s.2(a)

^[12] The Environment Conservation Act 1995, s. 6D; amended by The Bangladesh Environment Conservation (Amendment) Act 2010, s.4

^[13] The Environment Conservation Act 1995, s. 6E; amended by The Bangladesh Environment Conservation (Amendment) Act 2010, s.4

^[14] The Environment Conservation Act 1995, s.12; amended by The Bangladesh Environment Conservation (Amendment) Act 2010, s.6

^[15] The Environment Conservation Act 1995, s. 7

^[16] The Environment Conservation Act 1995, s.15; amended by The Bangladesh Environment Conservation (Amendment) Act 2010, s.7

^[17] The Environment Conservation Rules 1997

^[18] The Forest Act 1927

^[19] The Bangladesh Water Act 2013

^[20] The Protection and Conservation of Fish Act 1950

^[21] The Brick Manufacturing and Brick Kilns Establishment (Control) Act 2013

^[22] Imtiaz Ahmed Sajal, ‘Common People’s Access to the Environment Courts of Bangladesh: An Appraisal’ (2015) <http://bdlawdigest.org/environment-court-act-2010.html>  accessed 28 May 2018

^[23] National Forest Policy 1994

^[24] National Energy Policy 1995

^[25] National Fisheries Policy 1998

^[26] National Policy for Safe Water Supply and Sanitation 1998

^[27] National Agriculture Policy 1999

^[28] National Environment Management Action Plan (NEMAP) 1995

^[29] The Convention on Biological Diversity 1992

^[30] The Nagoya Protocol 2010

^[31] The Cartagena Protocol on Biosafety to the Convention on Biological Diversity 2000

^[32] The United Nations Framework Convention on Climate Change (UNFCCC) 1992

^[33] The Kyoto Protocol 1997

^[34] The Paris Agreement 2015

^[35] Convention on the Law of the Non-navigational Uses of International Watercourses 1997

^[36] Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal 1989

^[37] The Vienna Convention for the Protection of the Ozone Layer 1985

^[38] The Montreal Protocol 1987

^[39] UNDP Bangladesh, ‘Sustainable Development Goals’ <http://www.bd.undp.org/content/bangladesh/en/home/sustainable-development-goals.html> accessed 22 May 2018

^[40] Tribune desk, ‘Dhaka most polluted city in the world’ Dhaka Tribune (04 February 2018) <https://www.dhakatribune.com/bangladesh/environment/2018/01/30/us-aqi-dhaka-worst-air/> accessed 1 June 2018

^[41] Dhaka US Consulate, ‘Air Pollution: Real-time Air Quality Index (AQI)’ <http://aqicn.org/city/bangladesh/dhaka/us-consulate/> accessed 26 June 2019

^[42] Mohammad Al-Masum Molla, ‘Air Pollution in Bangladesh: Steep rise continues’ The Daily Star (19 April 2018) <https://www.thedailystar.net/backpage/air-pollution-bangladesh-steep-rise-continues-1564513> accessed 20 June 2018

^[43] Anisur Rahman Khan ‘Half of brick kilns in country run illegally’ The Independent (Bangladesh, 15 January 2018) <http://www.theindependentbd.com/post/132764> accessed 21 June 2018

^[44] Mohammad Al-Masum Molla, ‘Air Pollution in Bangladesh: Steep rise continues’ The Daily Star (19 April 2018) <https://www.thedailystar.net/backpage/air-pollution-bangladesh-steep-rise-continues-1564513> accessed 20 June 2018

^[45]Anisur Rahman Khan ‘Half of brick kilns in country run illegally’ The Independent (Bangladesh, 15 January 2018) <http://www.theindependentbd.com/post/132764> accessed 21 June 2018

^[46] UNDP Bangladesh, ‘GREEN Brick (Improving Kiln Efficiency in Brick Making Industry)’ <http://www.bd.undp.org/content/bangladesh/en/home/operations/projects/environment_and_energy/improving-kiln-efficiency-in-brick-making-industry-.html> accessed 21 June 2018

^[47] Mohammad Al-Masum Molla, ‘Air Pollution in Bangladesh: Steep rise continues’ The Daily Star (19 April 2018) <https://www.thedailystar.net/backpage/air-pollution-bangladesh-steep-rise-continues-1564513> accessed 20 June 2018

^[48] The Brick Manufacturing and Brick Kilns Establishment (Control) Act 2013

^[49] Anisur Rahman Khan ‘Half of brick kilns in country run illegally’ The Independent (Bangladesh, 15 January 2018) <http://www.theindependentbd.com/post/132764> accessed 21 June 2018

^[50] Mohammad Al-Masum Molla, ‘Living in toxic air’ The Daily Star (06 March 2019) <https://www.thedailystar.net/frontpage/dhaka-second-most-polluted-air-city-in-world-living-toxic-air-1711213> accessed 24 May 2019

^[51] Muhammad Mahadi, ‘Air Pollution In Dhaka City’ <https://www.bangladeshenvironment.com/index.php/polution-s/air-polution/291-air-pollution-in-dhaka-city> accessed 24 May 2019

^[52] Pinaki Roy, ‘Critical area at a stake’ The Daily Star (04 October 2016) <https://www.thedailystar.net/frontpage/critical-area-stake-1293748> accessed 22 June 2018

^[53] The Environment Conservation Act 1995, s.2; amended by The Bangladesh Environment Conservation (Amendment) Act 2010, s.2(gg)

^[54] UNESCO, ‘The Sundarbans’ <https://whc.unesco.org/en/list/798> accessed 23 June 2018

^[55] Ibid.

^[56] Pinaki Roy, ‘Critical area at a stake’ The Daily Star (04 October 2016) <https://www.thedailystar.net/frontpage/critical-area-stake-1293748> accessed 22 June 2018

^[57] Mia Seppo, ‘Beat Plastic Pollution’ The Daily Star (05 June 2018) <https://www.thedailystar.net/opinion/environment/beat-plastic-pollution-1586287> accessed 23 June 2018

^[58] Mir Aftabuddin Ahmed, ‘Water pollution: Solutions that actually work’ The Daily Star (06 January 2018) <https://www.thedailystar.net/opinion/environment/water-pollution-solutions-actually-work-1515562> accessed 24 June 2018

^[59] G. M. Jahangir Alam, ‘Environmental Pollution of Bangladesh – It’s Effect and Control’  <http://www.bangladeshenvironment.com/index.php/polution-s/294-environmental-pollution-of-bangladesh-it-s-effect-and-control> accessed 24 June 2018

^[60] Editorial, ‘Bangladesh and global warming’ The Independent (08 March 2018) <http://www.theindependentbd.com/printversion/details/140382> accessed 25 June 2018

^[61] Shohel Mamun, ‘Noise pollution: A bane of Bangladeshi urban life’ Dhaka Tribune (25 April 2018) <https://www.dhakatribune.com/bangladesh/2018/04/25/noise-pollution-bane-bangladeshi-urban-life/> accessed 25 June 2018

^[62] Ramisa Rob, ‘How to save lives, before it’s too late’ The Daily Star (23 May 2019) <https://www.thedailystar.net/opinion/environment/news/how-save-lives-its-too-late-1747390> accessed 24 May 2019

^[63] Ibid.

^[64] WCS Bangladesh <https://bangladesh.wcs.org/Wild-Places/Coastal-waters> accessed 23 May 2019

^[65] Ibid.

^[66] Md. Anisul Hoque, ‘Greenhouse effect’ The Daily Star (26 August 2011) <https://www.thedailystar.net/news-detail-200180> accessed 20 May 2019

^[67] The World Bank, ‘Bangladesh: Protecting The Environment And Natural Resource Management’ (14 October 2016) <http://www.worldbank.org/en/results/2016/10/07/bangladesh-strengthening-bangladeshs-environment-natural-resource-management> accessed 23 May 2019

^[68] Ibid.

^[69] UNDP Bangladesh, ‘Sustainable Development Goals’ <http://www.bd.undp.org/content/bangladesh/en/home/sustainable-development-goals.html> accessed 22 May 2018

^[70] The World Bank, ‘Bangladesh: Protecting The Environment And Natural Resource Management’ (14 October 2016) <http://www.worldbank.org/en/results/2016/10/07/bangladesh-strengthening-bangladeshs-environment-natural-resource-management> accessed 23 May 2019

^[71] Justin Trudeau, Prime Minister of Canada, ‘Canada to ban harmful single-use plastics and hold companies responsible for plastic waste’ (10 June 2019) <https://pm.gc.ca/eng/news/2019/06/10/canada-ban-harmful-single-use-plastics-and-hold-companies-responsible-plastic-waste> accessed 24 June 2019

^[72] Ibid.

^[73] William J. Ripple, Christopher Wolf, Thomas M. Newsome, Mauro Galetti, Mohammed Alamgir, Eileen Crist, Mahmoud I. Mahmoud, William F. Laurance, and 15,364 scientist signatories from 184 countries, ‘World Scientists’ Warning to Humanity: A Second Notice’ (2017) <http://scientists.forestry.oregonstate.edu/sites/sw/files/Warning_article_with_supp_11-13-17.pdf>  accessed 20 March 2018

^[74] Ibid.

^[75] Ibid.

^[76] Ibid.

^[77] UK Parliament, ‘Plastic Pollution Bill 2017-19’ (1st Reading: House of Commons 25 February 2019) <https://services.parliament.uk/Bills/2017-19/plasticpollution.html> accessed 25 June 2019

^[78] Ibid.

^[79] Ibid.

^[80] Ibid.

^[81] Ibid.

The writer is a Barrister-at-Law