Leghari v. Federation of Pakistan
Leghari v. Federation of Pakistan was the first climate case in Pakistan. As with Urgenda, it is an example of a court ruling a government's response to climate change to be insufficient, making it one of the most important climate litigation precedents.
In the case, Ashgar Leghari, a farmer, sued the national government for failing to carry out the National Climate Change Policy of 2012 and the Framework for Implementation of Climate Change Policy (2014-2030). The case was decided in favor of Leghari and the Pakistani government was ordered to take additional steps to address climate change.
Background edit
Ashgar Leghari, a law student and farmer, brought the case as an individual petitioner. He sued the national government for a general failure to carry out the National Climate Change Policy of 2012 and the Framework for Implementation of Climate Change Policy (2014-2030). Leghari argued that the government had failed to take adaptive steps to protect food, water, and energy security from climate change, a failure which violated the fundamental rights of Pakistanis.
Relevant Law and Principles edit
Ruling edit
In 2015, the Lahore High Court ruled in favor of Leghari, finding "the delay and lethargy of the State in implementing the Framework offend the fundamental rights of the citizens." As a remedy, the court 1) directed several government ministries to each nominate "a climate change focal person" to help ensure the implementation of the Framework, and to present a list of action points by December 31, 2015; and 2) created a Climate Change Commission composed of representatives of key ministries, NGOs, and technical experts to monitor the government's progress. On September 14 the court issued a supplemental decision naming 21 individuals to the Commission and vesting it with various powers. On January 25, 2018, the court issued took note of the submission of a report from the Climate Change Committee noting that during the period from September 2015 to January 2017 66% of the priority actions from the Framework for Implementation Climate Change Policy have been implemented[1].
Takeaways edit
The Leghari decision was a landmark ruling. It was the first climate change case from the Global South to generate world-wide scholarly and journalistic attention.[2] The decision rested upon rights guaranteed under the Pakistani Constitution, specifically Article 9 (the right to life) and Article 14 (inviolability of human dignity), as well as international environmental law principles such as the public trust doctrine and precautionary principle.[2] The Leghari case established a constitutional right to a clean and healthy environment and a climate capable of sustaining human life, a right which has served as a foundation for other cases in Pakistan such as Ali v. Federation of Pakistan.