Asghar Leghari, a Pakistani farmer sued the national government for 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 should pursue climate mitigation or adaptation efforts, and that the government’s failure to meet its climate change adaptation targets had resulted in immediate impacts on Pakistan’s water, food, and energy security. Such impacts offended his fundamental right to life.

On September 4, 2015, an appellate court in Pakistan granted the Leghari's claims, describing climate change as a defining challenge of our time. Citing domestic and international legal principles, the court determined that "the delay and lethargy of the State in implementing the Framework offend the fundamental rights of the citizens." The court reasoned that the constitutional rights to life and human dignity (under articles 9 and 14 of the constitution) included the right to a healthy and clean environment. Further, interpretation of these fundamental rights must be guided by (i) the constitutional values of democracy, equality, and social, economic, and political justice; and (ii) international environmental principles of sustainable development, precautionary principle, intergenerational and intragenerational equity, and the doctrine of public trust.

Although the government had formulated a climate change policy and implementation framework, the court concluded there had been no real progress with implementation. To oversee the execution of the policy, the court (i) 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 (ii) created a Climate Change Commission composed of representatives of key ministries, NGOs, and technical experts to monitor the government's progress. On September 14, 2015, the court issued a supplemental decision naming 21 individuals to the Commission and vesting it with various powers. 

On January 25, 2018, the court 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. After dissolving the commission, the court constituted a standing committee, creating an ongoing link between the court and the executive. 

In its final order, the court nominated climate justice as the successor to environmental justice. Environmental justice—said the court—revolved around enforcing national laws, with decisions informed by international legal principles. It focused on shifting or stopping pollutive industries. Climate justice, as the court envisioned it, adopted a human-centered approach. It linked human rights with development. It sought to safeguard the rights of vulnerable peoples and share “the burdens and benefits of climate change and its impacts equitably and fairly.” Climate justice was “informed by science, responds to science and acknowledges the need for equitable stewardship of the world’s resources”. However, realizing that climate justice was challenging, the court acknowledged that polluters often fell beyond national borders and were difficult to identify. Finally, the court outlined its vision for water justice as a human right to access clean water and a sub-concept of climate justice.

Leghari v. Federation of Pakistan

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Leghari v. Federation of Pakistan - decision

Filed

Asghar Leghari, a Pakistani farmer sued the national government for 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 should pursue climate mitigation or adaptation efforts, and that the government’s failure to meet its climate change adaptation targets had resulted in immediate impacts on Pakistan’s water, food, and energy security. Such impacts offended his fundamental right to life.

On September 4, 2015, an appellate court in Pakistan granted the Leghari's claims, describing climate change as a defining challenge of our time. Citing domestic and international legal principles, the court determined that "the delay and lethargy of the State in implementing the Framework offend the fundamental rights of the citizens." The court reasoned that the constitutional rights to life and human dignity (under articles 9 and 14 of the constitution) included the right to a healthy and clean environment. Further, interpretation of these fundamental rights must be guided by (i) the constitutional values of democracy, equality, and social, economic, and political justice; and (ii) international environmental principles of sustainable development, precautionary principle, intergenerational and intragenerational equity, and the doctrine of public trust.

Although the government had formulated a climate change policy and implementation framework, the court concluded there had been no real progress with implementation. To oversee the execution of the policy, the court (i) 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 (ii) created a Climate Change Commission composed of representatives of key ministries, NGOs, and technical experts to monitor the government's progress. On September 14, 2015, the court issued a supplemental decision naming 21 individuals to the Commission and vesting it with various powers. 

On January 25, 2018, the court 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. After dissolving the commission, the court constituted a standing committee, creating an ongoing link between the court and the executive. 

In its final order, the court nominated climate justice as the successor to environmental justice. Environmental justice—said the court—revolved around enforcing national laws, with decisions informed by international legal principles. It focused on shifting or stopping pollutive industries. Climate justice, as the court envisioned it, adopted a human-centered approach. It linked human rights with development. It sought to safeguard the rights of vulnerable peoples and share “the burdens and benefits of climate change and its impacts equitably and fairly.” Climate justice was “informed by science, responds to science and acknowledges the need for equitable stewardship of the world’s resources”. However, realizing that climate justice was challenging, the court acknowledged that polluters often fell beyond national borders and were difficult to identify. Finally, the court outlined its vision for water justice as a human right to access clean water and a sub-concept of climate justice. 

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An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Justice is the ethical and political framework that addresses fairness, including issues of responsibility, rights, and structural inequity.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

The management and allocation of funds, assets and investments to meet various objectives

Conditions that enhance the feasibility of adaptation options. Enabling conditions include finance, technological innovation, strengthening policy instruments, institutional capacity, multi-level governance and changes in human behaviour and lifestyles.

Actions or measures to adapt terrestrial systems to climate change.

Actions or measures to adapt freshwater systems to climate change.

Actions and measures to adapt and increase resilience of societies and the economy to climate change.

Actions or measures to adapt freshwater, coastal and marine systems to climate change.

A long-lived, colourless gas, chiefly emitted from fossil fuel combustion, deforestation and cement production.

Extreme weather refers to events where a weather variable exceeds (or falls below) a threshold. Meaning it is significantly different from the average or usual weather pattern.

A drought is an extended period of unusually dry weather marked by a significant and sustained lack of precipitation, falling below a specific threshold over a large area for more than a month

Terrestrial means "of the earth" and relates to the risks to ecological system that includes all living organisms and their interactions within land-based environments, such as forests, grasslands, and deserts.

Households employing domestic workers, for activities like cooking, cleaning and subsistence farming, for their own use.

The activities of industries that transforms raw materials into finished goods through industrial processes.

This sector involves the wholesale and retail selling of goods.

Activities that involve the cultivation of crops and raising of livestock for food, fibre, and other products essential for human life and industry.

Activities that relate to the production of goods and services from forests.

Activities involving the catching, processing, and selling of fish for food, recreation, and industry.

This sector involves the distribution, treatment, and conservation of water resources.

Climate change impacts our society by disrupting the natural, economic and social systems we depend on. Physical hazards and underlying vulnerabilities can lead to increased resource competition for food and water, which can heighten the risk of conflict.

Slow onset events evolve gradually from incremental changes over many years or from increased frequency or intensity of recurring events. As defined in the Cancun Adaptation Framework (2010), slow onset events include risks and impacts from rising temperatures, desertification, biodiversity loss, land and forest degradation, glacial retreat, ocean acidification, sea level rise, and salinization.

Heavy precipitation refers to any form of weather where substances fall from the sky, including rain, snow, sleet, or hail.

The cryosphere is the frozen part of the Earth—it includes sea ice, glaciers, snow, and ice sheets. It helps regulate the climate and weather by reflecting sunlight. Rising temperatures are causing melting, leading to sea ice loss, glacier collapse, and glacier landslides and avalanches. This threatens the livelihoods of around 700 million people who rely on the cryosphere for food, water security, and cultural practices.

Geohazards are adverse geological phenomenon's that are capable of causing widespread damage or loss to property, life and the environment, such as earthquakes, volcano eruptions and tsunamis. Climate change can increase the frequency and severity of some geohazards, such as landslides, and soil erosion.

Leghari v. Federation of Pakistan - decision

Risk

Greenhouse gas

Economic sector

Adaptation/resilience