ADB_book_18 April.qxp - Himalayan Document Centre - icimod

1990s. EIA guidelines were developed by the NPC in1993 and legitimized by MOPE in compliance withthe provisions of the Environment Protection Act1996. These standards serve as national norms formitigation of environmental damage caused in theconstruction of development projects. In addition,norms prescribed by different line agencies helpimplement infrastructure projects in an environmentallyconscious manner. The Foods Department underthe Ministry of Agriculture and Cooperatives hasdeveloped specific quality standards under theprevailing Food Act 1967 that include guidelines for87 edible products (MOAC 1967). Similarly, theDepartment of Electricity Development under theMinistry of Water Resources has developed safetystandards for the construction of hydropowerprojects; the installation and operation of electromechanicalequipment, transmission, and distributionsystems; the operation of hydropower dams;and others. These standards also have mandatoryprovisions for the protection of the surroundingenvironment, including the protection of aquatic andanimal life. In cases where standards are still beingdeveloped (such as national standards for drinkingwater), World Health Organization (WHO) or otherstandards are being applied in the interim. Details ofsome environmental standards developed bydifferent public sector agencies of Nepal areprovided in Appendix 9.1.International CommitmentsTo date, Nepal is a signatory or party to 21environment-related conventions and is obligated tofulfill its commitments to them at national and globallevels. The seriousness of Nepal’s commitments tothese conventions has been demonstrated over thepast 10–15 years by the enforcement of relevantpolicies and strategies, by the establishment of aninstitutional and regulatory framework, and by theimplementation of different environmentalprograms. In particular, the Ninth and Tenth Five-YearPlans have reflected strong commitments toprioritize and implement provisions of the internationaltreaties/conventions on the environment.Nepal is actively involved in the followingconventions: United Nations Framework Conventionon Climate Change; Vienna Convention on theProtection of the Ozone Layer; Convention onBiological Diversity; UN Convention to CombatDesertification; Convention on International Trade inEndangered Species of Wild Flora and Fauna;Ramsar Convention on Wetlands; InternationalTropical Timber Agreement; and Convention onPersistent Organic Pollutants.Many activities are being carried out toimplement programs related to these conventions.This is taking place at the national level by differentgovernment agencies like MOEST, the Ministry ofForest and Soil Conservation (MOFSC), and NPC, andother stakeholders in cooperation with variousNGOs, INGOs, and experts on relevant subjectsunder financial and technical assistance frommultilateral and bilateral organizations (MOPE 2002).One such example is the joint study by MOPE and theDepartment of Hydrology and Meteorology withsupport from United Nations EnvironmentProgramme (UNEP) on enabling activities for thepreparation of the initial communication related toUnited Nations Framework Convention on ClimateChange (MOPE 2002). The Environment SectorProgram Support (ESPS) project conducted by MOPEfrom 2001 to 2005 with Danish InternationalDevelopment Agency (DANIDA) support, whichincluded institutionalization of environmentalmanagement aspects, industrial water treatmentactivity, and improvement of energy efficiency ofindustries for cleaner production, is anotherexample. Similarly a study was conducted by MOPEon institutional strengthening of the EIA process forhydropower development in Nepal with theNorwegian Agency for Cooperation andDevelopment (NORAD) support during 2002–2004.The results of such studies are contributing tothe updating of relevant data and information andare helping to improve plans and programs forenvironmental management at the national level.They are also serving as useful inputs for informationsharing with the international community.Unfortunately, procedural delays are commonin the ratification of some important internationalenvironmental treaties and conventions, and theirobligations are not being fulfilled on time. Forexample, although Nepal is a party to around 21environment-related international conventions andtreaties, it has only been able to ratify a few of themso far. The major reason is the failure of the agenciesconcerned to understand the technical aspects of thesubject. Other reasons include a lack of initiative andcapacity on the part of MOPE, which until 2005 wasthe key agency responsible for environmentaladministration. Ideally, the policymaking agenciesconcerned and key environmental bodies of theGovernment should review the status of thesecommitments and coordinate their actions to complywith their obligations.A list of the major international environmentalconventions in which Nepal has participated,together with their related obligations and status ofimplementation, is provided in Appendix 9.2.Chapter 9: Environmental Governance125