The Supreme Court Thursday observed that as Pakistan moves towards adaptation, it must be supported by greater accessibility of and access to finance to tackle the devastating impacts of climate change.
It also sought replies from the federal and provincial governments on the existential threat climate change poses to Pakistan and the measures that have and can be taken to deal with it. The top court issued notices to the Attorney General for Pakistan and the advocate generals of the four provinces.
The top court has also sought assistance from the executive director of the Sustainable Development Policy Institute (SDPI) and World Wildlife Fund (WWF) CEO Hamad Naqi Khan.
The directions were issued by a three-judge bench headed by Justice Mansoor Ali Shah and comprising Justice Jamal Khan Mandokhail and Justice Athar Minallah on a petition filed by the Public Interest Law Association of Pakistan (PILAP).
PILAP had filed the petition regarding the Pakistan Climate Change Act, 2017.
In the order, Justice Mansoor Ali Shah observed, citing the Global Climate Risk Index, that Pakistan is currently the fifth most climate-vulnerable country in the world.
"At the same time, Pakistan also faces some of the highest disaster risk levels in the world, ranking 23rd out of 194 countries per the 2024 Inform Risk Index."
Justice Shah has further observed that this risk is driven particularly by the nation's exposure to flooding, earthquakes, tropical cyclones, and associated hazards.
"It is these alarming statistics which underscore the need to address climate change and mitigate its effect on people and their livelihoods."
"As Pakistan and other nations come to terms with the impacts of climate change, they will confront questions of adaptation, a process of adjustment to actual or expected climate and its effects."
The top court has further observed that as Pakistan moves towards adaptation, it must be supported by greater accessibility of and access to finance.
According to the United Nations Convention on Climate Change (UNFCCC) Standing Committee on Finance, "Climate finance aims at reducing emissions and enhancing sinks of greenhouse gases and aims at reducing the vulnerability of, and maintaining and increasing the resilience of, human and ecological systems to negative climate change impacts."
"The primary goal of climate finance is to facilitate the transition to a low-carbon and climate-resilient global economy."
In the context of Pakistan, the economic cost of climate change is substantial and affects all sectors, including agriculture, infrastructure, trade, and tourism.
It further observed that access to existing climate funds needs to be simplified, and the issue of debt needs to be looked upon.
"Another way to curb this issue is the usage of Loss and Damage Fund which could play a pivotal role in building resilience, supporting adaptation efforts, and aiding in the recovery from climate-induced losses," it observed.
"Loss and damage arising from the adverse effects of climate change can include those related to extreme weather events but also slow-onset events, such as sea level rise, increasing temperatures, ocean acidification, glacial retreat and related impacts, salinisation, land and forest degradation, loss of biodiversity, and desertification."
The five-page written order issued by the court further observed that the establishment of a loss and damage fund for highly climate-vulnerable countries like Pakistan would be a vital step towards realising climate justice.
"Acknowledging that developing countries like Pakistan often contribute the least to climate change but suffer the most severe consequences, the fund underscores the moral responsibility of historically high-emitting countries."
"Moreover, by facilitating the implementation of climate-resilient infrastructure and community-based adaptation strategies, the fund could empower the marginalised communities to better cope with the impacts of climate
change, fostering international cooperation and financial commitments essential for a sustainable and just future."
Pakistan's commitment to equitable and effective global climate governance is also evident in its multifaceted approach at COP-28, it added.
The top court further observed that the agreement at COP-28 urges developed nations to lead in financial contributions to make
up for the irreversible climate change-induced damages they have contributed to.
"This holistic commitment underscores Pakistan's leadership in navigating the complexities of climate change and its dedication to fostering a fair and transparent global response to the urgent challenges posed by a changing climate.
Similarly, the implications of this fund's operationalisation and dynamics can be profound for climate-vulnerable countries like Pakistan, which suffer from extreme weather events."
The court said that the devastation caused by the catastrophic floods of 2022 is distressing proof of Pakistan's vulnerability to damage from climate-induced disasters, leaving it with a total damage of Rs3.2 trillion ($14.9 billion) and a total loss of Rs3.3 trillion ($15.2 billion) while it needs Rs3.5 trillion ($16.3 million) for recovery and
reconstruction.
The top court said that against these alarming figures, climate finance, as new, additional, and sustained financial resources with a transparent mechanism and speed and scale, is direly needed.
The top court directed the attorney general and advocate generals to submit a detailed report regarding the climate change challenges they faced and the initiatives taken by their respective governments.
The top court shall again take up the matter for hearing on March 21.