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STORY OF LAHORE civil society combating vehicular air pollution through judicial intervention

STORY OF LAHORE civil society combating vehicular air pollution through judicial intervention Syed Mansoor Ali Shah Advocate Supreme Court of Pakistan AFRIDI, SHAH & MINALLAH Lahore manlive@brain.net.pk www.asmlaw.com.pk. CONCERN OF THE CIVIL SOCIETY

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STORY OF LAHORE civil society combating vehicular air pollution through judicial intervention

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  1. STORY OF LAHORE civil society combating vehicular air pollution through judicial intervention Syed Mansoor Ali Shah Advocate Supreme Court of Pakistan AFRIDI, SHAH & MINALLAH Lahore manlive@brain.net.pk www.asmlaw.com.pk

  2. CONCERN OF THE CIVIL SOCIETY Life threatening diseases on the increase such as cardiovascular effects, bronchial irritation, lung cancer, anemia, asthma, eye irritation, nervous system impairment, and lowering of IQ. Some concerned residents of Lahore filed a public interest environmental litigation (Writ petition) against the growing menace of vehicular air pollution at the Lahore High Court in 1997.

  3. Petitioners were lawyers and students from LUMS-not professional environmentalists or NGOS but ordinary residents of Lahore who felt the need to raise their voice against vehicular pollution. These petitions were the first petitions on the subject before the Lahore High Court.

  4. The Petitioners relied upon fundamental rights and principles of policy, in particular, article 9 of the Constitution which ensures right to a cleaner and healthier life. .

  5. Judicial response Initially courts did not take it seriously and thought of it as a fancy academic matter. However, after almost six years (in 2003) the case came out of hibernation when Mr. Justice Sair Ali of the Lahore High Court took it as a high priority concern. (pollution levels around the High Court might have triggered this)

  6. Judicial Innovation The Hon’ble High Court considering air pollution as an issue of public importance, formulated a consensus based Commission to make recommendations for effective future action to bring about a meaningful change in quality of Vehicular Air pollution, rather than passing ineffective directions as previously been done in similar cases.

  7. The Commission was known as the LAHORE CLEAN AIR COMMISSION (LCAC) – it comprised lawyers, EPD, City Government, Punjab Government, Nazim, environmental scientists and civil society members. The Terms of Reference of LCAC were to submit a report on feasible and practical long and short term solutions and measures for monitoring, controlling and improving the vehicular air pollution in the city of Lahore. .

  8. The Commission worked for over a year, met a number of stakeholders. During this process LCAC made contact with ADB’s Clean Air Initiative. Watershed CAI assisted in organizing a National Workshop for the improvement of Urban Air Quality in Pakistan in Dec, 2004. This brought the technical expertise to Pakistan from all over the world.

  9. Problems identified by LCAC before the experts NO RELIABLE DATA TO BEGIN WITH • Excise and Taxation record of registered cars in Lahore – 2004 • SUPARCO’s study on ambient air quality in the City (not on vehicular pollution)– 2004 • City Governments ambient air quality survey – June, 2003 • TEPA study on traffic in Lahore - 2003

  10. Data not sufficient (perhaps not fully reliable) • Not specific to vehicular pollution • No information regarding source apportionment.

  11. NO STANDARDS FOR VEHICULAR EMISSION • Currently the NEQS for motor vehicle exhaust and noise introduced in 1993 and revised in 1999 are as follows:

  12. Comparison with international standards shows that we need to have standards for Nitrogen Oxide, Sulphur Dioxide, PM and Hydro Carbon. • In the absence of these standards no effective policy or strategy can be evolved. • No meaningful inspection or maintenance can take place. • Implementation of the law is also not possible without the standards. • Standards for ambient air need to be introduced.

  13. CLEANER FUELS & LUBRICANTS • Pakistan has no standards for vehicular fuels and lubricants. • Gasoline lead free but no standards for benzene which is a proven carcinogen. • Diesel imported: 5,000 ppm local: 10,000 ppm mixture: approx 7,000-8,000 ppm • In the region – Diesel standards are at 500ppm going towards 350ppm

  14. International Standards

  15. One of the major problems is the production and import of sub-standard fuel in the informal sector patronized by a strong mafia. • Being more economical (in the absence of any stringent standards) this low standard fuel is largely used by public transport and two wheelers.

  16. Sub-standard lubricants another source of worry. Even available at the petrol pumps (without the knowledge of the oil companies). No regulation to check this menace. No enforcement mechanism • reconditioned air and oil filters. • Unless better fuel is introduced high technology / catalytic converters not possible. • Alternate fuels - CNG, LPG, etc

  17. CLEANER VEHICLES • Lahore has 1.1 million registered vehicles (source - Excise and Taxation Department- 30th September, 2004) • Public transport - 10.8% of the total vehicle population (“TVP”) in Lahore. • Two wheelers (motor cycles)- 620,158 i.e., 55.6% of the total vehicular population.

  18. Three wheelers 50,662 i.e, 4.5 % of the TVP • 60.1% (55.6% + 4.5%) of the TVP are two and three wheelers. • Recent data shows that there is 5% increase in the registration of the three wheelers in three months time (between 30-6-2004 and 30-9-32004).

  19. Government has announced that manufacturing of two stroke engines shall be banned from January, 2005. However there is no policy regarding the exiting two stroke plying in the city and there is no ban on registration of two stroke. • There is also no ban on the import of the two stroke engines (doubtful due to lack of information).

  20. Diesel Vehicles are 11 % of the TVP. • Gasoline Vehicles 88% of the TVP • Gas (CNG/LPG) – 0.85% of the TVP • Who is the real polluter ? Poor data • Problem- two and three wheelers and substandard fuel

  21. Better or alternate technology vehicles are required in addition to cleaner fuels, under a Government policy. • CNG to be encouraged ?

  22. INSPECTION & MAINTENANCE • Average vehicle life longer in Asian Countries therefore I & M plays a pivotal role. • There is no effective infrastructure for inspection or maintenance.

  23. The enforcement and policing is very poor or practically non existent. • Lack of proper equipment /technology and trained manpower. • Linkages with registration and annual renewal • Effective displays of road worthiness certificates on windscreens

  24. Law is penalty driven which needs a revisit providing for reform and more innovative and more effective penalties. e.g. impounding the vehicle, etc. • Inspection and Maintenance to be outsourced or partnered with the oil companies or manufacturers.

  25. TRAFFIC & ROAD PLANNING. • Congested areas need a serious revisit • Two wheelers need their own space- design issue. • “Pedestrianization” needs to be encouraged

  26. The Commission fine tuned the draft recommendations formulated at the Conference with the approval of all the stake holders-who signed the final document The Recommendation were finally submitted before the Lahore High Court in May 2005

  27. RECOMMENDATIONS OF THE CLEAN AIR COMMISSIONSUBMITTED BEFORE THE LAHORE HIGH COURT IN RESPECT OF BUSES: 1.INTRODUCTION OF DEDICATED CNG OR BUSES FOR PUBLIC TRANSPORT CONFORMING TO EURO- 2 STANDARDS.   2.PHASING OUT OF EXISITING BUSES IN TWO YEARS i.e. by 2006.

  28. Buses continued 3. CERTIFIED CONVERSION OF THE EXISTING BUSES FROM AUTHORIZED WORKSHOPS. PENALTY IN CASE THE CERTIFICATION POLICY IS VIOLATED. 4. CAP AGE FOR BUSES IS 10 YEARS. OVER-AGED BUSES TO BE SCRAPPED.  5. SETTING UP DEDICATED BUS LANES IN THE EXISTING TRANSPORT PLANNING.

  29. IN RESPECT OF WAGONS 6.PHASING OUT OF THE WAGONS FROM THE URBAN CENTRES AND REPLACE THE SAME WITH BUSES WITHIN ONE YEAR. 7. ROUTES WHERE THE PLYING OF BUSES IS NOT FEASIBLE NEW WAGONS WHICH ARE EURO-II COMPLAINT BE USED.

  30. IN RESPECT OF AUTOCAB RICKSHAWS: 8. INTRODUCTION OF NEW FOUR STROKE CNG AUTOCAB RICKSHAWS IN LAHORE. 9. PHASE OUT OF THE EXISTING AUTOCAB RICKSHAWS IN ONE YEAR FROM LAHORE. 10. BAN ON THE REGISTRATION OF TWO STROKE AUTOCAB RICKSHAWS BY JANUARY, 2006.

  31. Rickshaws continued 11. NOMINATION OF DEDICATED STATIONS FOR PROCUREMENT OF PRE-MIX TO BE USED BY THE EXISTING TWO STROKE RICKSHAWS. 12. TEMPORARY SHIFTING/CONVERSION TO CNG ON THE EXISITING TWO STROKE AUTOCAB RICKSHAWS

  32. IN RESPECT OF MOTORCYCLE RICKSHAWS 13. THE USE OF TWO STROKE MOTORCYCLE RICKSHAWS SHOULD BE PROGRESSIVELY ELIMINATED FROM LAHORE WITHIN SIX MONTHS. 14. IMMEDIATE INTRODUCTION OF NEW FOUR STROKE PETROL MOTORCYCLE RICKSHAWS. 15. INTRODUCTION OF NEW FOUR STROKE CNG MOTORCYCLE RICKSHAWS WITHIN TWO YEARS.

  33. MOTORCYCLE RICKSHAWS continued 16.BAN ON THE REGISTRATION OF TWO STROKE MOTORCYCLE RICKSHAWS IN LAHORE BY JANUARY, 2006. 17. NOMINATION OF DEDICATED STATIONS FOR PROCUREMENT OF PRE-MIX TO BE USED BY THE EXISTING TWO STROKE RICKSHAWS. 18. ALL CBU VEHICLES (completely built up units) IMPORTED INTO PAKISTAN SHALL COMPLY WITH EURO-II STANDARDS WITH IMMEDIATE EFFECT.

  34. IN RESPECT OF AIR QUALITY AND FUEL STANDARDS: 19. SETTING, BY 2006, AMBIENT AIR QUALITY STANDARDS 20. SETTING, BY 2006, VEHICULAR EMISSION STANDARDS AND FUEL STANDARDS. SHORT TERM AND LONG TERM PLANS. 21. NEW VEHICLE EMISSION STANDARDS AND CORRESPONDING FUEL QUALITY FOR LAHORE

  35. Vehicle Category 1-7-2008 1-7-2010 1-7-2013 2-wheel Euro II Euro III Vehicle Category 1-7-2007 3-wheel Euro II OR 4-STROKE CNG Euro III Vehicles Categories 1-7-2008 1-7-2010 1-7-2013 Cars Euro II Euro III Euro IV Vehicle Categories 1-7-2006 1-7-2010 LCV (wagons) Euro-II Euro-III HDV (buses) Euro –II Euro-III *Current Fuel: Sulfur Content: Import: 0.5% Local: 1% All unleaded gasoline/petrol

  36. IN RESPECT OF FINANCIAL INCENTIVES. 22. TO SET UP A GREEN FUND TO INCENTIVSE CLEANER FUEL AND VEHICLES. 23. TO INVOLVE THE FINANCIAL SECTOR THROUGH THE STATE BANK OF PAKISTAN IN FACILITATING GREEN FINANCING FOR THE INDUSTRY.

  37. IN RESPECT OF MONITORING 24. PRIORITIZE THE ETABLISHMENT OF AMBIENT AIR QUALITY MONITORING SQUADS & STATIONS BY THE CITY DISTRICT GOVERNMENT. 25. PRIVATISING INSPECTION & MONITORING STATIONS (SUCH AS THROUGH THE OIL MARKETING COMPANIES AND MANUFACTURERS) BY JANUARY, 2006.

  38. IN RESPECT OF CAPACITY BUILDING AND AWARNESS RAISING 26. CAPACITY BUIDLING PROGRAMS BY CITY DISTRICT GOVERNMENT. 27. AWARENESS RAISING FOR CNG USE

  39. IN RESPECT OF A STANDING BODY TO MONITOR THE IMPLEMENTATION OF THESE RECOMMENDATIONS: 28. THIS HON’BLE COURT MAY CONSIDER THE ESTABLISHMENT OF A STANDING COMMITTEE COMPRISING OF REPRESENTATIVES FROM THE PRIVATE AND PUBLIC SECTORS TO MONITOR AND IMPLEMENT THESE RECOMMENDATAIONS AND TO PERIODICALLY REPORT THEREON TO THIS HON’BLE COURT.

  40. The Recommendations of LCAC were thoroughly tested by the Court by inviting public objections to the Recommendations through public advertisement and through notice to all the respective ministries and departments. This process took nearly a year spread over almost 15 hearings.

  41. The public interest petition and the judicial innovation of marrying the civil society with the government to address air pollution changed things for Lahore. Once consensus was arrived at- Court (Justice Hamid Ai Shah- the new green judge at Lahore) played a proactive role.

  42. Court stood by to cut through bureaucratic inertia and to speedily resolve the dissenting voice of the powerful groups that had strong economic interests in status quo.

  43. After approval of the recommendations the Court directed the civil society, city government and the Punjab Government to come up with an ACTION PLAN. Over the next few months the following action plan has been devised for Lahore.

  44. MOTOR CAB RICKSHAWS 29-3-2006 • Introduction of new four stroke CNG auto cab rickshaws. • Phasing our of the existing motor cab rickshaws by December, 2007. • Ban on registration of two stroke auto cab rickshaw already w.e.f January, 2006

  45. MOTOR CYCLE RICKSHAWS • Two stroke motorcycle rickshaws to be progressively eliminated from Lahore within SIX months. • Introduction of FOUR stroke CNG Motor Cycle rickshaws within two years. • Ban on the registration of two stroke motor cycle Rickshaws in Lahore by January, 2006.

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