The second section of this op-ed series presents a critique of the NHWM Policy within the framework of John Kingdon’s Streams Model, which illustrates how policies are formed, adopted, and implemented. It conceptualises the policy process through three streams: the problem stream, the policy stream, and the political stream. It also distinguishes between participants in each stream. Over the years, it has become an important analytical tool to examine and evaluate policy formulation in a range of areas, including the environment and climate change.
The problem stream involves recognising and defining an issue of public concern that requires government attention. The key elements of the problem stream include problem recognition, feedback, and public perception about the existence of the issue at hand. The multiple streams model requires a clear explanation of the current situation of concern, presented as a defined problem.
Scott explains institutions as comprising regulative, normative, and cultural-cognitive elements that, together with associated activities and resources, provide stability and meaning to social life.
Evaluating the NHWM Policy through this lens shows that the objectives are broadly stated to achieve the target of managing hazardous waste in the country. It provides a sound rationale, emphasising Pakistan’s international obligations and the threat hazardous waste poses to human health and the environment. It also highlights the absence of a systematic mechanism for hazardous waste management and underscores the need to fulfil international obligations outlined in various conventions.
The problem stream must also be assessed in terms of the participation of policy communities, including interest groups, academics, and government representatives. The NHWM Policy was formulated by the Ministry of Climate Change after broad consultation with all stakeholders, including relevant ministries and departments at both the federal and provincial levels, academics, researchers, development sector experts, and representatives of the private sector and industry. To that extent, the problem is widely acknowledged by all relevant segments of society.
The policy stream emphasises the need for policy entrepreneurs to offer feasible solutions to the identified problem. It consists of the generation of policy proposals and solutions. Its main elements include policy communities comprising networks of experts, academics, and practitioners; policy proposals to be discussed within these communities; and policy selection criteria based on feasibility and financial constraints. The NHWM Policy explains the significance of a life-cycle approach to managing hazardous waste from its generation to its final disposal in an environmentally sound manner. It outlines measures for controlling transboundary movement of hazardous waste, effectively managing and monitoring contaminated sites, building institutional infrastructure, developing monitoring and evaluation procedures, and detailing public finance options for policymakers. An institutional structure comprising an implementation committee, a technical committee, and a central directorate will play an important role in developing an action plan that outlines key targets and timelines. A key element of this policy is the emphasis on coordination mechanisms between federal and provincial stakeholders to ensure that solutions are both feasible and viable.
The political stream emphasises the role of elected decision-makers and interest groups representing various segments of society. It encompasses the political climate and factors such as public opinion, elections, and shifts in the balance of power among political actors. According to the Federal Legislative List, Part I, Entries No. 3 and 32, read with Article 70(4) of the Constitution of the Islamic Republic of Pakistan, 1973, the federal government has the power to legislate and enact laws on issues relating to the implementation of international treaties and conventions. Hence, the Pakistan Environmental Protection Act (PEPA) 1997 was enacted to regulate actions and activities that impact the environment and ecosystem of the country. Pakistan began implementing this policy in 1997 to meet its international obligations under various Multilateral Environmental Agreements (MEAs). The passage of the 18th Amendment under the Constitutional Amendment Act, 2010, empowered the provinces to make policies on environment, ecology, and hazardous waste management.
However, the absence of legislation on the implementation of MEAs at the provincial level continues to slow progress in managing hazardous waste and fulfilling international commitments. The Ministry of Climate Change took the initiative to formulate the NHWM Policy by bringing all stakeholders on board to contribute to the implementation of MEAs on hazardous waste management. It provides a platform for the federation and the federating units to coordinate and collaborate by taking legal and institutional measures to mitigate the effects of hazardous waste in Pakistan. Linking this to the policy stream element, a review of relevant environmental laws and regulations in Pakistan shows how crucial this element is in putting policies into action.
The final and third section of this op-ed series will present a critique of the implementation regime of the NHWM Policy through the lens of William Richard Scott’s Trichotomy Analysis. Scott explains institutions as comprising regulative, normative, and cultural-cognitive elements that, together with associated activities and resources, provide stability and meaning to social life. The regulative pillar focuses on rules and regulations. The normative pillar guides the behaviour and values of the people responsible for implementation. The cultural-cognitive pillar addresses the culture of the organisation and those responsible for putting policies into practice.
(To be concluded)
Alizar Sajjad is law student at University of London. Saud Bin Ahsen works at public policy think tank.