Environment Policy of Bangladesh: A Case Study of an Ambitious Policy with Implementation Snag
Salahuddin M. Aminuzzaman Environment Policy of Bangladesh:
A Case Study of an Ambitious Policy with Implementation Snag1
Salahuddin M. Aminuzzaman
Professor
Department of Public Administration
University of Dhaka, Bangladesh
saminzzaman@yahoo.com
1. Context
Since independence of Bangladesh in 1971, GDP has more than tripled in real terms, food
production has increased three-fold, the population growth rate has declined from around 2.9% per
annum in 1974 to 1.4% in 2006 and the country is now largely food secure. (GoB, 2009). Over the
last 20 years, growth has accelerated and the country is on track to become a middle income
country by 2021 when it celebrates its 50 years of independence. In four out of last five years the
economy has grown at around 6 %( GoB, 2008). The Percentage of people living in poverty
declined from 59% to 40% and the country's Human Development Index improved from 0.347 in
1975 to 0.547 in 2005. Child mortality has fallen substantially and gender parity in primary
education has been achieved (UNDP,2007). Despite these successes, more than 50 million of the
people still live in poverty. Climate change will severely challenge the country's ability to achieve
the high rates of economic growth needed to sustain these reduction indicators in poverty. During
the last three decades, the Government of Bangladesh has spent over $10 Billion (at constant
price of 2007) to make the country climate resilient and less vulnerable to natural disaster.
However in the global context, Bangladesh is considered to be one of the most critical countries
which is the victim of climate change in the coming decade. It is predicted that there will be
increasingly frequent and severe floods, tropical cyclones, storm surges, and droughts that would
challenge the survival of Bangladesh (GoB,2009).
Bangladesh, with an area of 147,570 sq. km, lies between 20°34' - 26°38' N and 88°01' - 92°41' E.
It is bounded by India to the west, the north and the north-east, by Myanmar to the south-east and
by the Bay of Bengal to the south. The country enjoys a sub-tropical monsoon climate with a
distinct dry season. In the winter (November-February) the temperature varies from 5° - 23°C, in
the summer (March-June) the maximum temperature shoots up to 40°C while the monsoon starts
in July and persists until October. The average annual rainfall varies from 1229 to 4338 mm
(WARPO, 2000). Forests cover about 14% of the country and per capita forest cover is 0.016 ha.
In the 1980s, the rate of forest destruction was 8,000 hectares per annum and the annual
deforestation rate is estimated to be 3.3%. Consequently, per capita forest land has declined from
0.035 ha in 1969 to 0.02 ha in 1995 (BBS, 2004).
Bangladesh is situated at the unique juxtaposition of the composite, sprawling, interlinked GangesBrahmaputra-Meghna river systems, the second largest river system in the world, which drains an
area of 1,086,000 square kilometers from China, Nepal, India and Bangladesh. Because of this
unique geophysical location, the country has been endowed with rich biological diversity, hosting a
rich variety of species superbly evolved to populate the ecosystems of the country. However, due
to various pressures of a growing population (with an already existing base of 145 million people),
development interventions, gaps in policy and legislation, and conflicting institutional mandates,
95% of Bangladesh’s natural forests and 50% of its freshwater wetlands are lost or degraded.
Bangladesh now has among the smallest areas of protected and intact forest in the world,
1
Paper presented to South Asia Climate Change Forum, organized by Monash Sustainability Institute, Monash University, Australia,
5 - 9 July, 2010.
1 Environment Policy of Bangladesh: A Case Study of an Ambitious Policy with Implementation Snag
Salahuddin M. Aminuzzaman consisting of 1.4% of its landmass. Many terrestrial wildlife species have been lost during the last
100 years. In addition, the World Conservation Union (IUCN) in 2000 classified 40% of
Bangladesh’s freshwater fish species as threatened with national extinction.
Bangladesh is recognized to be one of the most susceptible countries in the world, highly
vulnerable to climatic manifestations (short-term and long-term impacts of climate change) due to
its unique geographic location, hydro-geological characters like dominance of floodplains, low
elevation from the sea and lastly the socio-economical characters like high population density, high
levels of poverty, and overwhelming dependence on nature.
In the context of the environment, the Government of Bangladesh formulated an Environment Policy
in 1992. The objectives of Environment Policy are to:
•
•
•
•
•
•
maintain ecological balance and overall development through protection and
improvement of the environment;
protect the country against natural disasters;
identify and regulate activities which pollute and degrade the environment;
ensure environmentally sound development in all sectors;
ensure sustainable, long term and environmentally sound use of all national
resources; and,
actively remain associated with all international environmental initiatives to the
maximum possible extent.
2. Background of the Environment Policy formulation
In pursuance of the Stockholm mandate, the government of Bangladesh, like all other
developing and developed countries, actively participated in the evolutionary process of
protecting global environment. As a result, the first Water Pollution Control Ordinance was
promulgated in 1973 followed by the promulgation of the Environment Pollution Control
Ordinance in 1977. In 1985 Department of Pollution Control Ordinance was established which
subsequently renamed and structured as Department of Environment (DOE).
The idea of environmental protection through national efforts was first recognized and declared
with the adoption of the Environmental Policy 1992. In the formation of Environmental Policy,
different actors and factors played some direct and indirect roles. The actors were basically of
two types, external and internal. Among external actors, United Nations General Assembly,
international forum, international organizations, donor agencies (IDA, USAID, UNDP, ADB)
were major players. Internal actors include, environmental NGOs (CARDMA, BCAS, IUCN,
FEJB, ADAB) government agencies i.e. Ministry of Environment and Forest (MOEF), DOE,
Planning Commission, concerned ministries, consultants, bureaucrats, civil society and so on.
All the actors, whether external or internal, played very pertinent roles in the formulation of the
Environmental Policy. An important step in this regard was the formulation of the national
Environment Management Action Plan (NEMAP) by the Ministry of Environment with
participation by some NGOs and other organizations.
The Government of Bangladesh has also adopted a number of supplementary policies
where environment and development issues have been addressed. Important policy
documents in this respect are the Forest Policy (1994), the Fisheries Policy (1998), the Water
Policy (1998), the New Agriculture Extension Policy (1995), The Energy Policy (1995). Besides
these sectoral policies, the National Conservation Strategy (NCS) and especially the National
Environment Management Action Plan, 1995 (NEMAP) have been formulated to provide
action plans to respond to environmental issues and promote sustainable development.
2 Environment Policy of Bangladesh: A Case Study of an Ambitious Policy with Implementation Snag
Salahuddin M. Aminuzzaman The second Poverty Reduction Strategy has recognized environmental degradation as one of
the most crucial factors that causes and perpetuate poverty in Bangladesh. The PRSP also
asserted the need for a comprehensive strategic approach to address environmental challenges
and issues. Although some of these policies are not judicially enforceable according to the
Constitution of Bangladesh, they are still potentially important in guiding and influencing the
activities of the concerned Ministries and other governmental agencies.
The policies of the Bangladesh Government have been developed mostly from a sectoral
approach. However, the Water Policy, the Fisheries Policy and Agriculture Policy have crosssectoral approach and tried to address environmental issues. These policies call for a
precautionary approach to minimize impact from other sectors like industry, transportation,
urbanization, flood control etc. Policy documents generally refer to the principles that govern
the action directed towards given ends. It provides a basis for plans, prescriptions and
framework to maintain the dynamic growth of the sector.
3. Policy Formulation dynamics
In the formulation period, a number of external actors (i.e. outside the government) had played
significant role. These actors include – bilateral and multi-lateral donor2 agencies, donor
supported national and international consultants, NGOs dealing with environment and social
activists3. Although the MoEF was responsible for drafting the policy, in reality it was drafted by
an informally organized Task Force composed of the major actors. International donor agencies,
experts from selected NGOs and some civil society bodies provided technical and back up
support to the ministry. No separate funding was allocated for the drafting team of the
Environment Policy. In fact it was going parallel with NEMAP, NCS, and other environmental
projects of the government and which were financially supported by those projects. As a matter
of fact the same group of actors were involved in the first draft of Environment Policy, NEMAP,
and NCS. One expert observed that the “draft of Environment Policy was the by-product of the
NEMAP project. in which the role of the ministry was far too limited in the technical aspects of
the preparation of the policy. Another observer therefore noted that “Environment Policy was
essentially a brilliant policy document produced by a collation of external actors who not only
drafted the policy but also helped the government to get it operational” (Islam, 2007).
4. Major features of the environment policy
The policy covered all geographical regions and 15 development sectors like Agriculture, Industry,
Health & Sanitation, Energy and Fuel, Water Development, Flood Control and Irrigation, Land,
Forest, Wildlife and Bio-diversity, Fisheries and Livestock, Food, Coastal and Marine Environment,
Transport and Communication, Housing and Urbanization, Population, Education and Public
Awareness, Science, Technology and Research, Legal Framework and Institutional Arrangements.
UNEP, International Union of Conservation of Nature and Resources (IUCN) NORAD, USAID, CIDA, UNDP, ESCAP, ADB
2
3
Bangladesh Centre for Advance Studies (BCAS), International Institute for Environmental Studies and Disaster Management
(IIESDM), Multidisciplinary Action Research Centre (MARC), National Oceanographic and Maritime Institute (NOAMI), Centre for
Sustainable Development (CSD), Society for the Conservation and Protection of the Environment (SCOPE), Friends of the EarthBangladesh, Bangladesh Wildlife Society, Barind Protection Society, Forum of Environment Journalists (FEJB), Coastal Area
Resource Development and Management Association (CARDMA), Monsoon Region Environment Society (MONRES), Consumers
Association of Bangladesh (CAB), Bangladesh Wildlife and Nature Conservation Society, Prothikrit, Devpress, Bangladesh Birds
Prevention Society, Bangladesh Zoological Society, International Institute for Environment and Development (IIED), World
Resources Institute, World Wildlife Fund, Friends of the Earth International, Green Peace, International Organization of Consumers
Unions, International Union of Conservation of Nature and Resources (IUCN), Pesticide Action Network. These NGOs can be
divided into several categories with respect to their main activities such as: Research NGO, Awareness/ Media NGO, Activist NGO,
and Development NGO.
3 Environment Policy of Bangladesh: A Case Study of an Ambitious Policy with Implementation Snag
Salahuddin M. Aminuzzaman The policy mentioned the suitability of environmentally sound development on proper changes in
production management and relations of production of agriculture sector to guaranteeing
improvement of environment and sustainable use of its resources (Section 3.1). Moreover, the
policy necessitated firmly to review Environmental Impact Assessment (EIA) on industries of public
and private sectors and also encompassed the necessity of integrated environmental concerns that
shaped into the National Health Policy (Section 3.2.2).
The policy also recommends to ensure environmentally sustainable steps in the local, zonal and
national levels of Bangladesh on flood control and its related matters such as construction of
embankments, dredging of rivers, digging of canals etc and to make certain alleviated measures
of adverse environmental impact on flood control projects and water resources development
projects. The policy subsequently stated the formulation and application of national land use
policy to ensure sound and balance environment
and prevention of land erosion,
preservation and increase in soil fertility, conservation of environmentally sound
management of new accreted land, compatible land use system with various ecosystems, prevention of salinity and alkalinity on land (3.6.1 – 3.6.4). These uphold adaptation
mechanisms on land use systems will compress the risks and disasters of climatic change.
The policy emphasized the need for sustainable ecological balance on existing forests
conservation, expansion and development of forests to establish programmes on tree plantation
in all relevant development schemes and took measures to stop shrinkage and depletion of
forest lands and resources. The policy called for the protection viability of mangrove forests and
eco-systems against adverse appliance of fisheries and livestock and suggested alternative fish
culture upon environmental friendly conditions and environmentally sound conservation and
development of coastal and marine eco-systems and resources (Section 3.8.3, 3.8.4, 3.10.1).
In 1992 the National Environmental Policy was drawn up with the aim of providing protection
and sustainable management of the environment. The National Environment Policy 1992
embraces a number of related sectors including agriculture, industry, health, energy, water,
land, forest, fisheries, marine, transport, housing, population, education and science. The
central theme of the Environment Policy of 1992 is to ensure the protection and improvement of
the environment. It requires the Government of Bangladesh to ratify international convention
and protocols in view of its suitability. The National environment policy has introduced a number
of salient environment principles like precautionary approach and Environmental Impact
Assessment (EIA). It also assigned the Ministry of Environment and Forests (MoEF) with the
responsibility of coordinating the implementation of the policy. The policy has provided
guidelines for the following sectors:
Agriculture: Environmentally sound agricultural practices are to be encouraged and
ensured for attainment of self-sufficiency in food. Among the various specific measures,
use of natural fertilizers and insecticides is encouraged as opposed to the application of
agro-chemicals and artificial materials exerting adverse impact on the environment.
Industry: Environmental Impact Assessment (EIA) for new industries, corrective measures
for polluting industries, ban on establishment of polluting industries and development of
environmentally sound and appropriate technology is required for sustainable and efficient
utilization of natural resources.
4 Environment Policy of Bangladesh: A Case Study of an Ambitious Policy with Implementation Snag
Salahuddin M. Aminuzzaman Health and Sanitation: Healthy environment for rural and urban area, prevention of
activities, which are harmful to public health and healthy workplaces for workers are to be
ensured.
Energy and Fuel: Reduction of the use of fuel-wood and agricultural residues, exploring
alternative energy resources, precautionary measures against potentially harmful use of
nuclear energy and nuclear radiation, conservation of forest fuel and development of
improved energy saving technology are recommended options for the sector. Apart from
these, EIA has been made mandatory before implementing projects for exploration and
extraction of fuel and mineral resources.
Water: Environmentally sound water resource management is suggested in utilization and
development of water resources, construction of irrigation network and embankments,
dredging of watercourses and in taking measures against river pollution. EIA is required
before undertaking projects related to water resource development and flood control
measures.
Land: Activities that cause or result in land erosion, salinity and alkalinity, and loss of soil
fertility are prohibited. Compatible land use systems for different ecosystems and
environmentally sound management of newly accreted land are recommended.
Forest, Wildlife and Bio-diversity: Conservation and expansion of forest zones,
conservation of wildlife and biodiversity and conservation of wetlands are recognized as
priority areas for action.
Fisheries and Livestock: Conservation of fisheries and livestock, mangrove forest and
others ecosystems and prevention of activities that diminish the wetlands and natural
habitats for fishes are the basic objectives in this sector. The need for an inter-ministerial
co-ordination is indicated by requiring evaluation by the concerned agencies, of the
existing projects on water development, flood control and irrigation, in order to minimize
their adverse impact on fish growth and their habitat.
Food: Hygienic and environmentally sound method of production, preservation, processing
and distribution of food and measures to ensure prohibition of import of harmful food items
are recommended.
Coastal and Marine Environment: Coastal and marine eco-systems are identified as
potential areas for intervention, where all internal and external polluting activities should be
stopped. Fishing in coastal and marine environment within regeneration limits is
recommended.
Transport and Communication: Road, rail, air and water transport systems should be
operated without polluting the environment. EIA is required before undertaking any
projects in these sectors.
Housing and Urbanization: Environmentally sound planning and development of housing
and urban centers is required. Existence of water bodies in the cities is recommended for
maintaining environmental and ecosystem balance in the urban areas.
5 Environment Policy of Bangladesh: A Case Study of an Ambitious Policy with Implementation Snag
Salahuddin M. Aminuzzaman Population: Planned and proper utilization of manpower including ensuring the
participation and mainstreaming of women in all spheres is targeted for environmentally
sound development activities.
Education and Public Awareness: Eradication of illiteracy through formal and non-formal
education, building and raising public awareness of the environmental issues,
dissemination of environmental knowledge and information are the policy guidelines for
the conservation, improvement and sustainable use of natural resources.
Science, Technology and Research: Research and development institutes are required to
consider the incorporation of the environmental issues in their research programs.
To reinforce the policy, the Government of Bangladesh Environmental Conservation Act in 1997
that was subsequently amended in 2000.
For the implementation and leadership, the Ministry of Environment and Forest (MoEF) was
assigned to play the role of lead agency. A National Environmental Committee was created with
the Prime Minister as the as the Chairperson to give overall direction for implementation of this
policy. The policy emphasized that the MoEF would take timely steps for appropriate amendment
and modification of this policy on the backdrop of changes in the state of environment and socioeconomic and other needs of the country.
5. Bangladesh’s Environmental Laws
The majority of environmental laws in Bangladesh were passed under substantially different
population and development conditions. For example, the Factories Act of 1965 and some other
health protection laws were designed before industrial pollution and hazardous substances
became serious concerns. The Environment Policy of 1992 of Bangladesh has recognized the
need for a better and comprehensive approach to address environmental issues.
Very few of the elements of the Environment Policy, however, are yet to be translated into laws.
The only legislation which specifically deals with environment issues is the Bangladesh
Environment Conservation Act (ECA) 1995. The Act was passed for conservation and
improvement of environmental standards and for controlling and mitigating environmental
pollution. It however, provides very few substantive obligations relating to environmental
management of industries. Industries and projects would require environmental clearance from
the Department of the Environment, and any person affected or likely to be affected by such
activities can apply to the Director General seeking remedy of environmental pollution or
degradation4. The major limitations of the Act are its silences on the standards, parameters,
emission levels and management elements based on which the environmental clearance should
have been applied and obtained.
The Environmental Conservation Rules, 1997, were promulgated in furtherance of the
objectives of the ECA, 1995. Regarding management of toxic and hazardous substances, the
Rules have broadly defined guidelines for disposal of waste from different categories of
industries. But unlike the Environmental Protection Rules of India, The Environmental
Conservation Rules, 1997 have not specified the permissible extent of emissions or the
obligations of corrective actions (IUCN,2000).
Among Bangladeshi sectoral laws, environmental issues are seldom referred to, and when they
4
Section 4, 6-12 of the Bangladesh Environment Conservation Act, 1995. Section 15 of the Act provides that the penalty for breach of any
provision of the Act may extend up to five years’ imprisonment and/or one hundred thousand taka in fines..
6 Environment Policy of Bangladesh: A Case Study of an Ambitious Policy with Implementation Snag
Salahuddin M. Aminuzzaman are there, those are of no real substance. For example, Article 6 of The Bangladesh Petroleum
Act, 1975 provides that it shall be the duty of any person engaged in any petroleum operation to
ensure that the operation is carried out i) in proper and workmanlike manner and in accordance
with good oil-field practice, ii) in a manner that does not interfere with navigation, fishing, and
conservation of resources of the sea and sea-bed, and to consider factors connected with the
ecology and environment. The Act has not defined what the factors ‘connected with the ecology
and environment’ are and what management elements a company should establish and
maintain to discharge its obligations under the Act.
6. General institutional arrangement
Formal responsibilities of overall environment sector are vested with the Ministry of Environment
and Forest (MoEF). However, many other institutions, directly and indirectly, are involved in
managing or shaping the environment sector. These embrace public sector, private sector
and
civil society institutions. Major institutions involved in the development and
implementation of plans and policies are the Planning Commission, Department of Forest,
Department of Environment, Ministry of Agriculture, Ministry of Fisheries and Livestock, Ministry
of Water Resources, Ministry of Energy, Ministry of Health and Family Welfare, Ministry of
Education, Ministry of Housing and Public Works etc.
At the higher level, National Environment Council (NEC) headed by the Prime Minister and
Executive Committee of National Environment Council (ECNEC) headed by the Minister for
Ministry of Environment and Forest provide guidance to the sectoral Ministries/Agencies on
matters of national environmental management. At the Divisional level, Divisional
Environment Committee chaired by the Commissioner with representation from all other
government are supposed to deal with environmental issues at the local level. However,
these institutional arrangements are yet to be fully functional.
The MoEF bears the responsibility for working with other ministries to ensure that
environmental concerns are given due recognition in their development program. The
Ministry has an active role to play in policy advice and coordination of the implementation of
action plans across all sectors. MoEF is also responsible for reviewing and monitoring the
impact of development initiatives on the environment across all sectors.
Each of the Ministries has their own policy and program frameworks which provide a basis for
addressing fundamental issues of environmental management and protection in Bangladesh.
Institutional capacity of all the concerned ministries for implementing the various action
measures identified still remains weak. It was acknowledged in the NEMAP document that
neither the fledgling Ministry of Environment and Forest nor its Department of Environment has
developed the institutional capacity to substantially tackle problems of environmental
management and protection.
The Department of Environment (DOE), as the technical arm of the Ministry, is responsible for
environmental planning, management, monitoring and enforcement. The mandate of the
Department includes: assessment and monitoring of tasks such as on-site surveillance of
environmental improvement components of development projects; promoting environmental
awareness through public information program; and controlling and monitoring industrial
pollution; environmental impact assessment, and in formulating guidelines for line agencies
involved in activities affecting air quality, soil and water conservation, afforestation, wildlife,
critical habitats, fisheries and other natural resources issues. DoE has the legal authority to
declare any ecosystem as Ecologically Critical Area (ECA) and so far 8 ECAs have
been declared. However, management issue of declared ECAs has not been resolved. DOE
has been unable to consistently respond to its complaints largely due to lack of well positioned
field resources.
Forest Department (FD) is entrusted with the primary responsibility of managing all the
7 Environment Policy of Bangladesh: A Case Study of an Ambitious Policy with Implementation Snag
Salahuddin M. Aminuzzaman government owned forests of Bangladesh. The Forest Department, following the recent
reorganization, has 8,681 positions, headed by a Chief Conservator of Forest (CCF). Under
the CCF, it has 4 Deputy Chief Conservator of Forests, 9 Conservator of Forests, 44
Divisional Forest Officers, and other officers and staff of various ranks. The manpower in the FD
is far below the actual need. The manpower aspect is further aggravated since many of the
positions are lying vacant since long and due to FD’s large scale involvement in participatory
forestry activities.
Water Resources Planning Organization (WARPO) is the major institution involved in water
resource management. WARPO was established as the secretariat to the National Water
Resources Council (NWRC). NWRC is the water sector apex body chaired by the Prime
Minister that has the authority for formulating water policy and ensuring inter-agency
coordination. WARPO’s mandate is supported by the National Water Policy, 1999 and National
Water Management Plan (NWMP). WARPO is responsible for national water planning;
monitoring; formulation of water legislation and regulations; inter-sectoral coordination of
water plans and maintaining central data system.
The Department of Fisheries (DOF) is the primary institute engaged in managing fisheries
resources. DOF was created with strong focus on enhancing the production. DOF has been
steadily fulfilling its mandate mostly through aquaculture extension. The National Fisheries
Policy, 1998 address all aspect of fisheries. Policy statements related to inland fisheries
predominantly concern production, culture and enhancement but also emphasizes on the
ecological balance and maintenance of biodiversity. DOF is on the process of developing a
fisheries development plan to implement National Fisheries Policy.
7. Key Constraints for effective implementation of Environment policy
Bangladesh has been able to create an enabling policy regime for better management of its
environment and natural resources. The policies have adopted in principle the concept of
sustainable development and it has also recognized the importance of economic development
that goes hand in hand with the control of environmental pollution and maintaining ecological
balance. The formulated Environment Policy although fairly rich in content is not supported by
necessary actions of implementation.
Various research studies have noted that the implementation of the Environmental policy and
the Environmental Protection Act have been bogged down due to some institutional and
functional limitations (Khan, and Belal 1999, Hanchett, 1997).
• Various operational rules for effective implementation of the Policy and Act would require
complementary and detailed operational rules, many of which have not yet been
formulated. Furthermore, floods and cyclones are major concerns for environmental
management in Bangladesh but the Environmental Protection Act still have limited
concern and intervention for such disasters.
• Implementation of the Policy and Act demands a significant amount of funding and
investment, which is hardly placed in the revenue and or development budget of
Bangladesh.
• The DOE, the principal implementing agency severely lacks human and physical
resources to respond to the demanding tasks and responsibilities of both the Policy and
the Act.
8 Environment Policy of Bangladesh: A Case Study of an Ambitious Policy with Implementation Snag
Salahuddin M. Aminuzzaman • Lack of Inter-agency coordination is one of the major causes of poor and inefficient use of
the existing policy outline and rules on environmental protection and management.
Neither the policy nor the law presents clear operational guidelines for such inter-agency
coordination and synchronization of approaches.
• Empirical studies also noted that involvement of the effective engagement and
participation of the community in various environment management and operational
interventions have narrowed down the functional effectiveness of the policy and the Act.
Some of the other constraints in terms of institutional, legal, policy framework for an effective
implementation of environmental policy are discussed below.
7.1 Inconsistency with other policies: The policies of the Bangladesh Government have been
developed mostly from a sectoral approach. Although the Environment Policy emphasizes on
maintaining ecological balance and overall development through protection of the environment,
ensuring environmentally sound development and sustainable use of natural resources but
some other sectoral policies are not consistent to achieve these objectives.
The environment policy provides that environmentally sound agricultural practices are to be
encouraged. The use of natural fertilizers and insecticides is encouraged as opposed to the
application of agro-chemicals. The agriculture policy itself recognizes that chemical fertilizers
and pesticides used for increased crop production may lead to 'environmental pollution' but
does not explain how increased use of HYV seeds would not involve increased use of chemical
fertilizers and pesticides as well. The agriculture policy is silent about the need for assessing the
impact of the use of agro-chemicals on soil, water bodies, fisheries and overall biodiversity. The
said policy though mentions the need for crop diversification; specific emphasis is put only on
rice, wheat and maize. Its omission in addressing the guidelines for non-traditional crops is not
being helpful towards preserving the biodiversity of crops of the country.
The Fishery Policy also has failed to properly address the issue of small and indigenous fish
species, which are gradually disappearing. The policy should have dealt with this aspect more
seriously as the growth of small fishes has had very positive implication for maintaining biodiversity in rural aquaculture apart from supplying fish protein to the poor.
Although the release of untreated effluents from the industries into the water bodies is very
much harmful for the environment, the Industrial Policy has neither explicitly spelled out the
consequences of harmful effluent release into the open water bodies nor provided any guideline
for impact assessment in this connection.
Environmental Policy does not conform to the narrow objectives of the Export Policy. For
example, the Environment Policy stresses the necessity of “encouraging land use systems
compatible with various ecosystems”. It emphasizes the adoption of measures to “prevent
spread of salinity and alkalinity on the land”. On the contrary, the Export Policy 1993-1995
emphasizes the rapid expansion of traditional/semi-intensive cultivation of shrimp to increase
export.
7.2 Lack of inter-sectoral coordination: Inter-sectoral coordination in dealing with cross-cutting
issue like environment is a major issue in Bangladesh. The natural resource sectors such as
water, fish, forests, etc. are the worst sufferers in this context. Polices are thus often criticized
for their lack of directions for cooperation, coherence and coordination among the interested
parties involved there in. The management responsibilities of different environmental
9 Environment Policy of Bangladesh: A Case Study of an Ambitious Policy with Implementation Snag
Salahuddin M. Aminuzzaman components are divided into different sectors and ministries. This hinders smooth operation and
execution of sustainable management regime.
Coordination between the DOE, the Ministry of Environment and Forests (MOEF) and line
ministries is weak. Under the national Fisheries Policy, the MoFL is expected to “control all
aspects of fisheries sector”. However, no reference was made to the required linkage with the
numerous agencies and ministries those manage different aspects of fisheries. Though the
policy states that coordination will be established, but the mechanism for that has not been
spelled out.
Although the Department of Fisheries is responsible for the improvement of the fisheries sector,
but legally the owner of the water bodies are other government bodies. Access rights to
jalmohals larger than 3 acres are controlled by the Ministry of Land and Ministry of Youth and
Sport. The Ministry of Water Resources is responsible for haor development. Only recently a
small number of selected jalmohals have been handed over to DOF to develop community
based fisheries management. Often activities of the Water, Communication or Local
Government Ministry cause damage to the fisheries sector as well as to the natural ecosystems.
These give rise to inter-sectoral conflicts, mainly due to lack of coordination. In the process, the
subject of protecting the resources and the ecosystems does not happen to be treated with
appropriate urgency and priority and thus creates inconsistencies.
7.3 Lack of regulatory and Institutional capacity: Institutional capacity for implementing the
various action measures identified by the environment policy is still weak. Coordination between
the DOE, MOEF and line ministries is fragile. Most of the concerned ministries and departments
including the MOEF lack institutional capacities in terms of human, technological and financial
resources needed for proper implementation of the policies. It lacks essential baseline data on
resources and areas of environmental concern. Although it now acts as a "clearing house" for all
development projects put forward by the different line ministries, it lacks the necessary basic
technical expertise to effectively assess and monitor projects for their environmental impact and
it suffers from a shortage of basic facilities, equipment and logistic support. Besides due to the
absence of an overall monitoring authority of MOEF, no progress or suggestions for the
improvement in this area has yet been achieved. The Department of Environment and Forest
faces similar weaknesses. They have a shortage of adequate and trained manpower. There is
lack of an information management system supported by a strong data bank to back up
planning, policies and monitoring activities. DOE is a regulatory and enforcement department
but it is highly centralized and lacks significant presence at regional and local level.
7.4 Limitations of the environment laws: Following the environment policy the Environment
Conservation Act 1995 was adopted for the conservation, improvement of environmental
standard and controlling the pollution of environment. In addition Environment Conservation
Rule 1997 was passed to supplement the Act. Another milestone in this regard was the
Environment Court Act, 2000. This Act was passed for the purpose of trying cases involving
offences regarding violation of environmental laws. However still there are some limitations of
these environmental related laws. Evaluations of the legislation of environmental impact
assessments show that the law has not been adequately implemented. Transparency and
public consultation have been lacking in EIA implementation (ADB,2004).
Under section 7 of Environmental Conservation Act “if it appears to the Director General(DG) of
DOE that any act or omission is causing harm to the ecosystem the he may determine the
compensation and direct the person to pay it. However though punishment has been prescribed
for violation of the direction in this section but the Act or Rules of 1997 has yet to be spelled out
10 Environment Policy of Bangladesh: A Case Study of an Ambitious Policy with Implementation Snag
Salahuddin M. Aminuzzaman the procedure in which to calculate environmental damage for the purpose of paying
compensation.
Section 12 of Environmental Conservation Act imposes restriction upon free establishment of
industrial unit or project. Section 7 gives a detailed account of the procedure to be followed in
issuing environmental clearance certificate. For the set up of these industrial unit or project, the
application must be accompanied with no objection certificate of the Local government authority.
But the Conservation Act or Rules do not provide any procedures to be guided by the local
government authority in issuing such no objection certificate5. Such this provision of public
hearing has not yet been incorporated in the environment conservation Act or rules.
The current EIA system in Bangladesh is inadequate even to ensure environmental
sustainability at the project level let alone promote environmental consideration at the strategic
level. The major inadequacies are in legislative control of the EIA, procedural appropriateness of
current EIA system, institutional capacity and public participation. There is no specific guideline
for conducting and reviewing the environmental assessment of non industrial project , for which
currently , environmental assessment done by the project sponsor are sent to the DOE for
environmental clearance by the sectoral line agencies of the govt. In fact the DOE is still
following an adhoc based procedure for giving environmental clearance of non industrial project.
The environment court enjoys the exclusive jurisdiction for trial of an offence or for
compensation falling under the Environment Conservation Act and other environmental laws to
be specified by the government in official notification. But the government has not declared any
other law to be dealt with by the environment court. Moreover environment court is a special
type of court and the court must have separate rules to be followed for the proper adjudication
of environmental cases. Nevertheless, the government has not yet framed such rules to spell
out the procedures of the said court.
7.5 Outdated environmental laws as well as ignorance about these laws: All the important
policies including the National Environmental Policy of 1992 have been formulated in the last
decade and only a very few of them seem to corroborate well with the older legal instruments of
the given sector. Although the need of amendment of existing laws and formulation of new laws
were the main cause of having many of the policies revised or declared a fresh, only a very few
laws like ECA of 1995, ECR of 1997, ECA of 2000 etc could be tabled in this regard6.
Some of the environmental rules and related laws are outdated laws and others are improperly
and incompletely updated are neither adequate to meet the present day needs of the country
nor consistent with the changing environmental scenario of the world. Such laws cannot play
any effective role in combating environmental pollution in today’s Bangladesh, where
overpopulation, poverty and illiteracy are aggravating this crisis every day. For example,
Agricultural and Sanitary Improvement Act, 1920; Water Hyacinth Act, 1936; Embankment and
Drainage Act, 1952; The Town Improvement Act, 1953; Shops and Establishments Act, 1965 5
In India and some other countries there is provision for public hearing which means that before establishing any industry the
people of the locality will be convened by the concerned local government authority whether they have any objection to the erection
of the industry and what are the harm and risks which they think will occur to the environment.
6
It is to be noted here that in some countries addressing environmental issues are getting embedded in the Constitution. In South
Asia, India, Nepal and Sri Lanka have already amended their constitution by incorporating environmental provisions by making the
protection and improvement of environment a fundamental duty or right. Around 106 countries have enumerated specific
environmental provisions in their Constitution. But environmental provisions have not yet got place in the Constitution of
Bangladesh.
11 Environment Policy of Bangladesh: A Case Study of an Ambitious Policy with Implementation Snag
Salahuddin M. Aminuzzaman important environmental laws - have not been updated yet. These laws, having been passed
two to five decades back, cannot possibly have incorporated the modern concepts of
sustainable development or environmental protection which are outcomes of very recent
concerns about environment.
A research on the regulatory regime (Farooque and Rizwana, 1996) shows that there are
around 200 laws that have bearing on environment directly and causally. These laws provide for
measures relevant for environment conservation, offer protection against various environmental
offences and by prescribing or prohibiting certain activities, lay down rights and duties. A great
bulk of these environmental legislations were existent in the country right from the 19th century
although they remained either unenforced to a large extent and are hardly known to the public
agencies. Moreover, lack of consciousness amongst the implementers and the general public
as to the very existence and scope of these laws made those functionally ineffective.
7.6 Non-punitive approach of laws: The existing laws can be criticized for their non-punitive
approach. Only a few legislations like The Penal Code, Tea Plantation Ordinance, Wildlife
(preservation) Order etc. provide for punishment, but these are also too marginal to influence
people’s attitude. For example, the maximum punishment under the Penal Code for fouling
water is only three months’ imprisonment and that for making atmosphere noxious is only Taka
Five hundred ( US$7) in fines. Under the Agricultural Pest Ordinance, 1962, punishment for
transport or sale of infested crop is a maximum Tk 500 (US$7) fine and that under the
Agricultural Pesticides Ordinance, 1971 is a maximum Tk. 1000 (US$14).
7.7 Politician- Polluter nexus: Available evidences suggest that in most cases the environment
polluters are very powerful both financially and politically. There is an unholy nexus among a
section of public bureaucracy, leading political elites and the polluters. Recent evidences also
reveal that in formal meeting with a cabinet minister, a leading spokesman of the Real Estate
Association threatened the government to withdraw the Detail Area Plan of the Capital city
(which along with others emphasized the protection of natural water reservoir bodies), as it was
not in line with the expectation of the developers.
8. Way out
Given Bangladesh experiences, some of the immediate policy and procedural interventions
can be suggested to address the proper implementation of the Environmental Policy and
supplementary Acts and Rules.
8.1 Need for a Sectoral Policy Approach: The level of vulnerability of Bangladesh is likely to
increase as a result of severe land degradation, soil erosion, lack of appropriate technology
and sea-level rise (Huq, 1996). The main impacts of climate change will be on the water
resources and water-level changes, food security and agriculture, ecosystem and natural
resource management and biodiversity, and human health. A subjective ranking of key
climate change impacts and vulnerabilities for Bangladesh identifies water and coastal
resources as being of the highest priority in terms of certainty, urgency, and severity of
impact, as well as the importance of the resources being affected (Alam, 2005).
Therefore, policies should be formulated to balance conflict of interest between livelihood
requirements of the people and sound environmental resource management. The provisions
of sectoral policies should therefore be critically analyzed to synchronization and ensure
synergy.
8.2 Addressing Policy Gap: The examination and analysis of the
12 existing provisions
of
Environment Policy of Bangladesh: A Case Study of an Ambitious Policy with Implementation Snag
Salahuddin M. Aminuzzaman sectoral policies in the line with adverse impacts of climate change and potential future
impacts, it is found that existing policy directions don’t offer effective mechanisms to deal with
climatic change. It is worthy to mention here that, even environment policy did not mention
explicitly the term climate change and its adverse impacts. However, provisions incorporated
are very useful to mitigate and adapt with climate change, but need to be reformed with
the climatic vulnerability considerations. Experiences from other countries might be useful for
policy reforms. Necessary reform initiatives should be taken for effective policy intervention by
responsible public agencies through a coordinated effort among all the responsible agencies.
To ensure the feasibility of all national policies relevant to climate change, concerned policy
makers should take measures on mitigation and adaptation process to build up central
database and Management Information System (MIS). Input into the policies of data on geomorphological, meteorological, ecological, biological and hydrological data can make them
better informed to understand the causes and effects and interventions.
8.3 Regional and Bilateral Approach: Clear policy direction is required to solve the transboundary water issues with India. Existing Ganges Treaty should be reviewed
comprehensively to establish that its governing principles are in line with UN Water
Convention. However, Efforts need to be undertaken to promote a regional treaty to
include all other international rivers shared by the SAARC and other regional countries.
8.4 Public awareness campaigns and community involvement: Raising awareness and
information dissemination in order to have the stakeholders involved and concerned. These
campaigns would also give the opportunity to understand what the perception and views of the
public on climate change and adaptation are. Finally, user’s networks would be established to
ensure the follow-up and exchange of experiences between different stakeholders.
8.5 Changes in institutional, administrative and organizational arrangements would be
necessary to enhance the effectiveness of political decisions. This would be preceded by an
examination of the existing bodies in charge of climate change issues: national climate change
committees, their degree of representativeness and corresponding power and functions. Better
coordination/integration of the different sectoral departments would be encouraged and
institutionalized.
8.6 Strengthening the legal system: Since many environmental problems are partly due to nonenforcement of existing laws, the legal system would be strengthened. There is an immediate
need for the amendment of the environment related laws to make those meet the demand of the
time. Taking examples from the region, Bangladesh should seriously consider the inclusion of
provisions in the Constitution to provide broad guidelines to environment protection.
8.7 Strengthening fiscal measures: The introduction of public policies to encourage and support
adaptation of individuals and the private sector, particularly through the establishment of fiscal
incentives or subsidies, would be used as an option.
9. Conclusions
Case study of Bangladesh Environment Policy reveals some institutional learning and features:
a. the Policy was drafted by a very distinguished panel of experts drawn from civil society,
NGOs, academics, national and international consultants. However, the involvement of Ministry
of Environment and its officials were more of supportive than active engagement and taking
leadership - which ultimately had cost the political " ownership" of the Policy; b. with frequent
changes in the leadership positions of the Ministry and Department of Environment, the pace
13 Environment Policy of Bangladesh: A Case Study of an Ambitious Policy with Implementation Snag
Salahuddin M. Aminuzzaman and process of the implementation of the Policy not only bogged down but also seem to have
changed the directions and priorities; c. to begin with there were some "political enthusiasm",
but with the change of regime, political commitment seems to have faded out; d. due to lack of
inter-ministerial coordination, the Policy has not been translated fully in action or supported by
supplementary rules, regulations and necessary amendments of other rules and policies; e.
there has always been some form of tacit and open resistance to the Policy from the politically
powerful lobbies and vested interest groups, f. general understanding and awareness of the
public officials directly involved in the implementation of the Policy have been very much limited
and vague. g. like many other policies, the Environment Policy of Bangladesh was over
ambitious and did not take into account the mind-set of political leaders and bureaucracy, and
the institutional capacity and processes of public administration system; and, h. finally the Policy
to begin with also to a great extent failed to involve local government bodies at the grass roots.
The implementation of the Environment Policy is handicapped by some institutional limitations
and thus appears to be less effective in responding to the demand side of the service and
interventions. If such institutional issues are not rightly addressed, the Policy and the Act
therefore, as one observer noted that it served the “rhetoric purposes only for the central
politicians and bureaucratic leadership” (Khan, 1999).
The National Environmental Policy does not clarify the measures needed for integrated efforts
for environmental protection. It also fails to address the need for policy guideline concerning
issues like, bio-safety, intellectual property right, watershed management and transboundary
movement of hazards and environmental problems. However with some modifications the
National Environment Policy of Bangladesh can still be considered as a good foundation to
bring about necessary changes to address and mitigate the major challenges of environment
and to further improvement. Therefore, a broad based consensus among various stakeholders
to implement the Environment Policy with necessary modifications, will be crucial- with highest
political will, as a pre requisite.
14 Environment Policy of Bangladesh: A Case Study of an Ambitious Policy with Implementation Snag
Salahuddin M. Aminuzzaman References
Alam, Mahbubul, Rashid, A.Z.M.Manzoor, Furukawa, Yasushi, “Policy Implications and Implementation
of Environmental ICTPs in Developing States: Examples from Bangladesh, Electronic Green Journal,
1(26), 2008
Asian Development Bank, Country Environmental Analysis Bangladesh, 2004
Baqee, Abdul Environement Degradation: Issues and Challenges, Key Note Paper presented to 13th
Annual Cionference of the National Geographic Association, 17th April, 2010.
BBS (2004). Compendium of Environmental Statistics of Bangladesh, Dhaka, Bangladesh Bureau of
Statistics.
Centre for Policy Dialogue (2001), CPD Task Force Report, Policy Brief on “Environmental Policy”,
Clemett , Alexandra, (2004) A Review of Environmental Policy and Legislation in Bangladesh, BEEL
Environment Econiomics Unit (2006),Poverty and Environment in Bangladesh, Department of Economics,
School of Economics and Commercial Law, Goteborg University,
Farooque, M,Hasan, S. Rizwana, (1996) Laws Regulating Environment in Bangladesh, Dhaka: BELA.
Government of Bangladesh (1998), Fifth Five Year Plan, Planning Commission,
Government of Bangladesh(2008) Economic Survey, Ministry of Finance, Dhaka
Government of Bangladesh(2009), Bangladesh Climate Change Strategy and Action Plan 2009, Ministry
of Environment and Forestry.
Government of the People’s Republic of Bangladesh (2009), Steps towards Change - National Strategy
for Accelerated Poverty Reduction II, General Economics Division, Planning Commission.
Hanchett, S (1997) “Participation and Policy Environment: The Case of the Bangladesh Flood Action
Plan”, Development Policy Review, Vol 15, pp. 277-95
Hossain, M. Iqbal, International Environmental law Bangladesh Perspective, Ain Prokashan, Dhaka: 2004
Islam, Naznin, (2007), Dynamics of Public Policy: A Case Study of formulation of the Environment Policy
of Bangladesh, Unpublished PhD dissertation, University of Dhaka, Bangladesh.
Islam, Nazrul, Isabel Martinez, Ikechi Mgbeoji and Wang Xi (2001), Environment Laws in Developing
Countries: Selected Issues, IUCN, Glan, Switzerland and Cambridge UK.
IUCN-Bangladesh (2000), Review of the Laws and Policies Concerning Natural Resources Management
in Bangladesh.
Khan, Niaz Ahmed, Belal, Ataur Rahman (1999), “The Politics of the Bangladesh Environment Protection
Act”, Environment Politics, Vol. 8, 311-317.
United Nations Development Programme (2007), Human Development Report, New York.
15 Environment Policy of Bangladesh: A Case Study of an Ambitious Policy with Implementation Snag
Salahuddin M. Aminuzzaman Appendix A: Major laws and regulations in environment sector
Selected Laws and relevant Regulation
Major components
Environmental Conservation Act of 1995
The Environmental Conservation Act of 1995
empowered the MOEF to formulate rules and
guidelines for the management. It also designates
DOE to be responsible for enforcing the 1997 EIA
procedures air pollution, water pollution, noise.
Environmental Conservation
Rules of 1995 (amended in 2005)
Air pollution, water pollution, noise.
EIA Guidelines of Industries of 1997
The EIA process is categorized into four classes,
that is, green, amber A, amber B, and red,
according to the degree of impacts
Environment Court Act. 2000
The act is passed to establish Environment
Court for speedy disposal of cases concerning
environmental offences as defined in the
Environmental Law
Environmental Pollution Control Ordinance Including national water quality standards
1997
according to the WHO guidelines, air quality
standards, noise, solid waste management
Factories Act 1965
Motor Vehicles Act 1939
Non Agricultural Tenancy Act 1947
Air pollution, occupational health
Air pollution, noise
Land use
State Acquisition and Tenancy Act 1950
Land use
Acquisition of Waste Land Act 1950
Land use
Town Improvement Act 1950
Local Government Ordinance 1982,
2008
Land Reforms Ordinance 1984
Land Reform Board Act 1989
Chittagong Hill Tract Regulation Act 1990
Land use
Land use
Pesticide Ordinance 1971
Land use
Land use
Land use
Agricultural Pest Ordinance 1962
Amended in 1980
Toxic and hazardous substance
Toxic and hazardous substance
Dangerous Drug Act 1930
Dangerous Drug Control Order 1982
Toxic and hazardous substance
Toxic and hazardous substance
Agriculture
and
Sanitary
Improvement Act 1920
Toxic and hazardous substance
16 Environment Policy of Bangladesh: A Case Study of an Ambitious Policy with Implementation Snag
Salahuddin M. Aminuzzaman Poison Act 1930
Explosive Substances Act 1908
Explosive Act 1884
Toxic and hazardous substance
Modified in 1983
Toxic and hazardous substance
Toxic and hazardous substance
Municipality Ordinance 1977
Solid waste management
Private Forest ordinance 1950
Forest Conservation
Forest Act 1927
Modified in 1973
Forest conservation, biodiversity conservation,
Amended 1974.
Wildlife conservation, wetland management,
Biodiversity conservation
Wildlife (Preservation) Act 1973
Private Fisheries Protection Act
1889
Conservation and Protection of
Fisheries Act 1950
Marine Fisheries ordinance 1983
Coastal resources management,biodiversity
Conservation
Coastal resources management,biodiversity
conservation, marine pollution
Coastal resources management, marine pollution
Territorial Water and Marine
Zone Act 1974
Mines Act 1927
Mineral resources development and management
Petroleum Act 1934
Mineral resources development and management
Antiquities Act 1986
Cultural heritage
Antiquities Ordinance 1986
Cultural heritage
Policy for management of closed
waterbody (Jalmahal) 1990
Water supply and
Sewerage
Authority Ordinance 1963
Inland shipping Ordinance 1976
Water resources management
Amended in 1989
Water resources management
Water resources management
Embankment and Drainage Act
1952
Water Hyacinth Act 1939
Water resources management
Water resources management
IWTA Ordinance 1958
Water resources management
Canals Act 1864
Water resources management
Irrigation Act 1876
Water resources management
EPC Ordinance 1977
Marine pollution
17 Environment Policy of Bangladesh: A Case Study of an Ambitious Policy with Implementation Snag
Salahuddin M. Aminuzzaman Appendix B: Major Institutions involved in Environmental Planning and implementation
in Bangladesh
Organization
Assigned Role
Planning Commission Responsible for the preparation of development plans and allocating funds
to individual Ministries responsible for implementing specific projects.
Authorized to supervise and coordinate cross-sectoral and inter-ministerial
activities affecting the use of natural resources and the environment.
Department of
Agriculture
Department of
Livestock
Bangladesh Water
Development Board
(BWDB)
Responsible for extension of new technologies, to farmers at the field level
Local Government
Engineering
Department
(LGED)
Planning, designing, and implementing rural infrastructure development
projects; Thana/Union drainage and embankment planning, irrigation
planning, land and water use planning; small scale water schemes, canal
digging programs, town protection schemes
Roads and Highway
(RHD)
Constricting and maintaining primary and secondary roads
Department of public
health Engineering
(DPHE)
Water Supply and
Sewerage Authorities
(WASA)
Bangladesh Inland
Water
Transport Authority
Rural and urban water supply and sanitation
Works for improvement of livestock resources and production
Project planning and implementation; flood control and watershed
management; salinity control; maintaining water channels for
transportation; regulating water channels
Construction and upkeep of potable water supply, sewerage and storm
drainage in major cities
River conservancy work, including river training for navigation and
meteorological information, including river charts; hydraulic survey;
programming for dredging and reviving dead or dying water bodies;
developing, maintaining, and operating inland river ports; developing rural
water transport
National Herbarium
Surveys and authenticates locally used genetic resources, taxonomic
identification of floral species
Botanical Garden& Zoo Maintains in-situ floral and in-situ faunal diversity
Livestock Research
Conduct research production of livestock
Institute
Barind Multipurpose
Responsible for improvement of the Barind area
Development Authority
Bangladesh Bureau of Environmental statistical data compilation
Statistics
18