Beijing announces new milestone on air quality but global standards still lacking

In October 2021, we sat down with Patricia Kameri-Mbote, the lead environmental law and governance expert at UNEP to discuss the key findings of the report, which could help countries develop ambitious global air quality standards.

UNEP: Air pollution kills 7 million people a year, more than COVID-19, at least by official counts. Do you think countries take the threat of air pollution seriously enough?

Patricia Kameri-Mbote: Well, the report concludes that despite the increase in laws and regulations to address air pollution, air quality continues to deteriorate. So, while there is clearly an effort from some countries to deal with air pollution, more focus must be put on efforts at a global scale. While the report importantly draws attention to progress made in many countries, significant challenges remain if we are to protect human health and well-being and address the triple planetary crisis.

UNEP: A UNEP study from earlier this month revealed that 1 in 3 countries do not have legally mandated air quality standards. Is that contributing to the air pollution death toll?

PKM: Most countries surveyed in the report have air quality standards within a legislative instrument. While this indicates a global trend in legislating for air quality standards, still many national air quality regimes don’t have the measures needed to achieve public health or ecosystem health objectives. Legislation establishing air quality standards is important to reduce the impacts of air pollution on the public and the environment. Legislation can enable citizens to hold government institutions responsible for air quality. It can also establish processes for monitoring, enforcement, and public participation in air quality control which could have significant impacts on improving air quality.

There are also many reasons why air quality standards are not incorporated in legislation. As the World Health Organization 2005 guidelines admit, one of them is lack of prioritization of public health in air quality law. Many countries also do not perceive air quality as a problem. 

UNEP: The science is clear: air pollution kills. Why do you think so many countries still don’t have laws governing air quality?

PKM: It is a challenging task for public authorities to embed air quality standards in legislation. They must make social and economic choices to meet air quality standard levels, beyond assessment and information requirements.

Also, without an international regime on air quality standards, having many different national laws might also be a barrier to adopting contemporary approaches. Many countries need further guidance.

Photo: UNEP/Duncan Moore | A 70-year old car in use as a taxi in Ethiopia. Outdated vehicles are major contributors to air pollution.

UNEP: The report found that even in countries with air quality laws in the books, most of those don’t meet standards outlined by WHO. Why are the laws in so many countries relatively toothless?

PKM: These guideline values set by the WHO are not meant to be binding upon States. They were designed to protect human health from the harmful effects of air pollution. The report finds that indoor and outdoor air pollution are “among the leading avoidable causes of diseases and death globally, and the world’s largest single environmental health risk”. They are “a cause of global health inequities, affecting in particular women, children and old persons, as well as low-income populations”. So, following the WHO guidelines is a matter of public health.

The WHO guidelines reflect a high degree of scientific consensus, giving them global authority. Countries can use them as a benchmark to inform legislation and policy. In some cases, air quality standards in national laws do not comply with the WHO air quality guidelines. This may reflect a process of transitioning to more stringent standards over time, subject to political and economic circumstances.

UNEP: In your mind, what should air quality laws look like? In other words, what are the essential elements of proper air quality standards?

PKM: Air quality laws should follow a robust air quality governance system informed by science. In other words, they should set requirements for institutional responsibility, monitoring, accountability, planning and sanctions, as well as public participation and human rights.

UNEP: How can countries go about improving their air quality laws?

PKM: UNEP’s Law Division works with countries to develop, implement and strengthen laws and institutions for environmental management and sustainable development. Through the Fifth Montevideo Environmental Law Programme’s digital backbone, UNEP Law and Environment Assistance Platform (LEAP), countries can submit requests for technical legal assistance to improve their air quality laws. UNEP stands ready to provide legal technical assistance to countries to address the air pollution crisis as part of the Montevideo Programme.