Pakistan

Pakistan has a tradition of public interest litigation and has seen several high profile cases of climate litigation focused on human rights. It is also one of the countries that has already suffered the most severe impacts of climate change, making the stakes of climate litigation and global mitigation high.

The strong precedent established by Leghari has made Pakistan an international leader in climate litigation based upon human rights. Leghari has served as a model for further human rights litigation in Pakistan and could serve as a model for climate litigation across the Global South.

Cases
All climate litigation cases in Pakistan to date have been brought against the government. Cases have relied heavily on human and constitutional rights arguments, alleging the government has failed to uphold the rights of citizens by failing to address climate change.


 * Leghari v. Federation of Pakistan was the first climate case in Pakistan. The case began when Ashgar Leghari, a farmer, sued the national government for a general failure to carry out the National Climate Change Policy of 2012. Justice Syed Mansoor Ali Shah, of The High Court of Lahore, ruled in favor of Leghari, and ordered government ministries to create a climate change focal person and establish a Climate Change Commission to oversee the governments efforts. The ruling was a major climate litigation victory and made Leghari an important precedent, particularly as a model for cases in the Global South.


 * Sheikh Asim Farooq v. Federation of Pakistan accused the government of failing to protect the forests of Punjab, thereby violating statutory requirements and the petitioners constitutional rights. The court ruled that the government had failed to protect the forests and Pakistan and ordered the government to meet its commitments under the law.


 * Ali v. Federation of Pakistan built upon Leghari and alleged constitutional rights and public trust doctrine violations resulting from a number of actions and inactions by the Pakistani government, most prominently the pursuit of coal mining in the Thar desert region.


 * In Khan v. Federation of Pakistan, a coalition of women brought a suit on behalf of themselves and future generations arguing that the government had failed to protect their constitutional rights. The case also built upon Leghari but went further, arguing that the government's inaction violated equal protection under the law and was discrimination on the basis of sex because climate change would have a disproportionate impact upon women and future generations.


 * While not a climate litigation case, Zia v. WAPDA set important precedents for reading a right to a healthy environment into the Pakistan constitution and incorporating the Precautionary Principle into Pakistani case law.

Resources

 * Pakistan Cases (Sabin Center Database)
 * Pakistan Climate Laws (Grantham Research Institute)
 * https://www.openglobalrights.org/courts-in-pakistan-are-facilitating-climate-dialogue-between-state-and-citizens/

Organizations

 * Asia-Pacific Centre for Environmental Law (National University of Singapore)
 * Go Green Lahore