Unit 8

Regulatory Framework to Environmental Protection in Nepal, Nepalese Response to International Environmental Laws

Regulatory Framework to Environmental Protection in Nepal

Environmental principles of the Constitution of Nepal 1990 (Part 4, Article 26) ii.The state shall pursue a policy of mobilizing the NR and heritage of the country in a manner useful and beneficial to the interest of the nation: and iv.The state shall give priority to the protection

of the environment and also to the prevention from further damage due to the physical activities by increasing the awareness of the general public about environmental cleanliness, and the state shall also make arrangements for the special protection of rare wildlife, forest and vegetation

Regulatory Framework to Environmental Protection in Nepal The Environmental Protection Act (EPA) 1996 and the Environmental Protection Regulations (EPR) 1997 are the major legal documents for environmental protection in Nepal. Primary objectives of these documents at national level are: Propose measures for environmental protection by undertaking environmental inspection, Monitor pollution by establishing research centers and laboratories, Establish Environmental Protection Council and Fund Provide incentives and rewards to businesses Award compensation for adverse environmental impacts The Local Self Governance Act 1998 empowers local

authorities (VDCs, DDCs and Municipalities) to

Nepal’s Institutional Framework to Environmental Protection Council of Ministers Parliament •Civil Society

NGOs, INGOs

•Academic Institutions

•Local Bodies

Parliamentary Committee on N R& Environmental protection

Environmental Protection Council

Supreme court National Development Council

National Planning Commission

Press

Media

Water & Energy Council Key Ministries (MOEST, MOFSC Ind. Com & Sup, Agri & Coops, Local Dev. Water res, Phys Plan & Cons)

Multilateral Funding Agencies

Enforcement of the Environmental Laws in Nepal Environmental laws in Nepal can be divided into two Broad categories Direct Laws: legal provisions designed specifically for the protection of the environment Such as the EPA 1996, EPR 1997, EIA guidelines 1993. Indirect laws: legal provisions that indirectly influence the environmental management process and aimed at promoting sector specific development programs such as Pesticide Act 1992, Industrial Enterprise Act 1992, the Forest Act 1993 etc. Direct laws are enforced by MOEST and Indirect laws

by concerned ministries. MOEST is also the authority to monitor the environmental performance of the ministries and other governmental authorities

Nepal & International Environmental laws As of 2006, Nepal is a signatory of 21 international conventions related to the environmental protection (not all ratified) The development plans succeeding the

Eighth 5-year plan in particular show strong commitment to international environmental treaties. The international environmental

commitments are brought into action at national level by the National Planning Commission (NPC), ministries e.g. MOEST,

Nepal & International Environmental laws Following are the major international treaties that Nepal is Part of and the year they came into force: UN Framework Convention on Climate Change -1994 (UNFCCC) Vienna Convention on the Protection of the Ozone Layer -1994 Convention on Biological Diversity- 1994, UN Convention to Combat Desertification-1997 Convention on International Trade in Endangered Species of Wild Flora and Fauna- 1975 (CITES) Ramsar Convention of Wetlands- 1988, International Tropical Timber Agreement - 1990 Convention on Persistent Organic Pollutants (2002) – only signed  Convention on the high seas (1963)

Efficiency of Environmental regulations in Nepal The effectiveness of environmental regulations in Nepal has found to be weak, mainly because of following reasons (ADB & ICIMOD report 2006) Weak mechanisms of control and

supervision, Lack of skilled human Resources and technology Inefficiency of public administration Political instability and lack of political will Lengthy decision making (bureaucratic) process