Environmental Policies and Laws in
Bangladesh
Dr Mohammed Nasir Uddin
Professor & Former Head
Department of Agricultural Extension Education
Bangladesh Agricultural University (BAU, https://agext.bau.edu.bd/)
Mymensingh -2202
&
Former Associate Fellow
Center for Asian Climate and Environmental Policy Studies (CACEPS, https://www.caceps.ca/)
ON, CANADA
Email:
[email protected],
http://agext.bau.edu.bd/profile/AGEXT1011
Cell: 01716026164
Contents of the Presentation
• Definition of Policy and Law
• Concept of environmental policy
• Development of international
environmental laws and policies
• Environmental laws: British,
Pakistan and Bangladesh regimes
• Environmental policy in
Bangladesh
Policy and Law
Policies are outline what a government is
going to do
Laws are set standards, principles, and
procedures that must be followed in society.
Laws are framed for bringing justice to the
society, a policy is framed for achieving
certain goals.
A law is more formal as it is a system of
rules that are derived for the welfare and
equity in society.
A policy is just informal as it is just a
statement or a document of what is
intended to be done in the future.
What is Environmental Policy?
Environmental policy refers to the actions taken by a state to
prevent, reduce or alleviate any harmful effects on nature and its
natural resources
Environmental policy usually covers air and water pollution, waste
management, ecosystem management, biodiversity protection, and
the protection of natural resources, wildlife and endangered
species.
Proper policies at the national and the international levels can
reduce the deadly pollution and help protect biodiversity and natural
resources
Why the study of Environmental Policy?
1. Scientific Understanding:
-To understand the causes and consequences of policy
decisions, which will improve our knowledge on
environmental concerns and issues.
2. Problem Solving:
-To study the courses of actions or activities taken in the
policy to seek solutions of environmental problems on
the ground.
3. Policy Recommendations:
-To assess and review the success of Policies based on
actual or perceived effect in addressing the
environmental problem.
Objectives of Environmental Policy in Bangladesh
1. To maintain ecological balance and overall development
through protection and improvement of the environment
2. To protect the country against natural disasters
3. To identify and regulate activities which pollute and degrade
the environment
4. To ensure environmentally sound development in all sectors
5. To ensure sustainable, long-term and environmentally
sound use of national resources
6. To actively remain associated with all the international
environmental initiatives to the maximum possible
Development of International Environmental
Laws and Policies
1. The Stockholm Declaration, 1972 (as result of Stockholm
Conference held on 5-6 June, 1972)
- Declaration contains 26 principles and an action plan for Environment
with 109 Recommendations (for UN member states)
- Establishment of UNEP (United Nations Environmental Programme),
15 Dec.”
Development of International Environmental Laws and Policies
Formulation of treaties at Global levels:
• The World Heritage Convention, 1972
• The Convention on International Trade in Endangered Species, 1973
• The London Ocean Dumping Convention, 1972
• The International Convention for the Prevention of Pollution by Ships
(MARPOL
• The UN Convention on the Law of the Sea (UNCLOS), 1982
• The Vienna Convention for the Protection of Ozone Layer, 1985
Formulation of treaties at Regional levels:
• The Convention on the Conservation of Nature, 1985 --- by ASEAN
• The Bamako Convention on Hazardous Wastes, 1991 --- in Africa
• The Treaty on European Union, 1992 --- in Europe
Development of International Environmental
Laws and Policies
The World Charter for Nature, 1982 --- adopted by UN General
assembly
• The World Conservation Strategy, 1980
• The Caring for the Earth Strategy, 1991
2. The Rio Declaration on Environment and Development,
1992
- Adopted 2 binding instruments and 3 non-binding instruments for
the states Binding Instruments:
I. The UN Framework Convention on Climate Change ----- UNFCCC
II. The Convention on Biological Diversity.
Development of International Environmental Laws
and Policies
III. The Kyoto Protocol (adopted in Kyoto, Japan, on 11 December 1997)
- Commitment for the Climate Change Adaptation Fund Introduced three
Mechanisms:
- - International Emissions Trading
- - Clean Development Mechanism (CDM)
- - Joint Implementation
IV. The Millennium Summit, 2000 (held on 6-8 Sept. 2000 in New York)
-Adopted a "United Nations Millennium Declaration“
• -Setting of Millennium Development Goals (MDGs).
V. The World Summit on Sustainable Development, 2002 (held in Johannesburg,
South Africa, in August 2002)
—As Rio+10 Johannesburg Declaration, 2002 Reaffirmation of UN Millennium
Summit Goal
Environmental Laws: British Regime
Main strategy of the British laws were to expedite optimum economic return
from resources:
References:
1. The Bengal Irrigation Act 1876,
2. The private fisheries protection Act 1889,
3. Forest Act 1927O
Other laws:
4. The smoke nuisance Act 1905,
5. The juvenile smoking Act 1919,
6. the Fatal Accidents Act 1855,
7. The Public Parks Act 1904,
8. Coalmine Labour Welfare Act 1947
Environmental Laws: Pakistan Regime
Major Environmental Laws:
1. The Protection and Preservation of Fish Act 1950
2. The Embankment and Drainage Act 1959
3. The Pure Food Ordinance 1959
4. The Government Fisheries Ordinance 1959
5. The Private Forest Ordinance 1959
6. The Agricultural Pesticides Ordinance 1971
Development of Environmental Law was not satisfactory
because of:
7. Political instability,
8. Lack of environmental concern locally and globally,
9. Lack of Government initiatives.
The Environmental Laws in Bangladesh
1. The Wildlife Preservation Order, 1973
2. Environment Pollution Control Ordinance, 1977
3. The Environmental Conservation Act (ECA) of 1995
- According tothis act (Section 12), no industrial unit or project shall be established or
undertaken without obtaining, in a manner prescribed by the accompanying Rules,
an Environmental Clearance Certificate (ECC) from the Director General of DoE.
4. The ECA 1995 was amended in 2010
-This amendment empowered the government to enforce more penalties than before.
Moreover, affected persons were given provision for putting objections or taking legal
actions against the polluters or any entity creating nuisance to affected person.
The Environmental Laws in Bangladesh
4. The Environment Conservation Rules, 1997
- Declaration of ecologically critical areas
- Classification of industries and projects into four categories
-Procedures for issuing the Environmental Clearance Certificate
-Determination of environmental standards.
5. Bangladesh Environment Court Act, 2010
-Establishing justice over environmental and social damage
-This act allows government to take necessary legal action against any
parties who creates environmental hazards
-According to this act, government can take legal actions if any
environmental problem occurs due to RMIP interventions.
The Environmental Policy, Bangladesh
Environment Policy for Sectors/Areas (policies)
1. Land Resources Management (14)
2. Water Resources Management (42)
3. Air Pollution Control (17)
4. Safe Food and Water (11)
5. Agriculture (26)
6. Public Health and Health Services (14)
7. Accommodation, Housing and Urbanization (17)
8. Education and Mass Awareness (12)
9. Forest and Wildlife (16)
10. Biodiversity, Ecosystem Conservation and Bio-safety (16)
11. Hill Ecosystems (12)
12. Fisheries and Livestocks (37)
The Environmental Policy, Bangladesh
Environment Policy for Sectors/Areas
13. Coastal and Marine Ecosystem (22)
14. Ecotourism (6)
15. Industrial Development (15)
16. Energy and Mineral Resources (11)
17. Communication and Transportation (16)
18. Human Resources Management (6)
19. Climate Change Preparedness and Adaptation (14)
20. Disaster Management (12)
21. Science, Research, Information and Communication Technologies (9)
22. Management of Chemical Substances (7)
23. Other Pollution Control (9)
24. Environment Friendly Economic Development, Sustainable Production and Consumption (23)
The World Bank Environment and Social Standards
No Standard Focused Areas
1 Environmental & Social Standard 1 Assessment & Management of Environmental & Social Risks & Impacts
2 Environmental & Social Standard 2 Labor & Working Conditions
3 Environmental & Social Standard 3 Resource Efficiency & Pollution Prevention & Management
4 Environmental & Social Standard 4 Community Health & Safety
5 Environmental & Social Standard 5 Land Acquisition, Restrictions on Land Use & Involuntary Resettlement
6 Environmental & Social Standard 6 Biodiversity Conservation & Sustainable Management of Living Natural Resources
Indigenous Peoples/Sub-Saharan African Historically Underserved Traditional Local
7 Environmental & Social Standard 7
Communities
8 Environmental & Social Standard 8 Cultural Heritage
9 Environmental & Social Standard 9 Financial Intermediaries
Environmental & Social Standard
10 Stakeholder Engagement & Information Disclosure
10
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