ADB_book_18 April.qxp - Himalayan Document Centre - icimod

Sub-regional LinkagesOther developing countries in the region have alsobeen encountering serious environmentalproblems. Many countries are experiencing thesame challenges of developing legislative andinstitutional frameworks appropriate to theirconditions. It might be beneficial for Nepal toestablish linkages with the relevant environmentalinstitutions of these countries. Such exchanges ofinformation and experiences on the successes ordifficulties of planning and implementingenvironmental programs would further enhancecapacity building in this area.South Asian Association for RegionalCooperation (SAARC) has been a very useful forumfor this. The South Asia Cooperation for EnvironmentProgram (SACEP) and UNEP have also taken manyinitiatives to promote regional cooperation in SouthAsian environmental management. For example,UNEP has been supporting South Asian countries inconducting different activities related tounderstanding climate change and devisingmeasures to combat their impacts. Similarly, SACEPhas been conducting studies and preparinghandbooks on national environmental legislationand institutions for these countries under theUNEP/SACEP/NORAD publication series onenvironmental law and policies (UNEP et al. 2001).In recent times, the need for well-establishedlinkages between energy, the environment, and theeconomy has been recognized strongly in South Asia.In this context Nepal can also benefit fromregionalizing its environmental activities.Enforcement of EnvironmentalLaws and StandardsNepal’s environmental laws can be broadly dividedinto two categories. The first includes laws directlydesigned as legal provisions for the protection of theenvironment and conservation of natural resources;for example, the Environment Protection Act 1996and its Regulations 1997, National Parks and WildLife Conservation Act 1973, Soil and WatershedConservation Act 1982 and Regulations 1985, and EIAGuidelines 1993. The second category includes thosedirectly or indirectly influencing the environmentalprotection process but aimed at promoting andmanaging sector-specific development programssuch as the Forest Protection Act 1967, IndustrialEnterprises Act 1992, Pesticides Act 1991, Solid WasteManagement and Resource Mobilization Act 1987,and Vehicle and Transport Management Act 1992 andits Regulations 1997. All acts have to be approved byParliament on recommendation of the Government,while the Government, on recommendations of therespective ministries, approves regulations definingdetailed procedures for implementation of therespective acts.Legal provisions in the first category includingthe Environment Protection Act and Regulations, andEIA Guidelines are directly enforced by MOESTwhich also monitors their application. The legalprovisions of laws in the second category areenforced and their application monitored by therespective ministries. For example, rules andregulations related to the use of pesticides areenforced and monitored by Ministry of Agricultureand Cooperatives; regulatory instruments related toforestry, biodiversity, and similar are enforced andmonitored by MOFSC; and legal provisions under theLocal Self Governance Act 1999 are enforced andmonitored by local government bodies like DDCsand VDCs. Similarly, some key environmentalstandards developed by MOEST are enforced byMOEST itself, whereas sector-specific environmentalstandards are developed and enforced by therespective ministries. Regulations and standards oncontrol of urban wastes are developed by MOESTand enforced by the municipalities. However, MOESThas also been empowered to cross check andmonitor implementation of sector-specific laws andcompliance of standards.Lack of inter-agency coordination, inadequateskilled personnel, poor and weak mechanisms ofcontrol and supervision, inefficiency of publicadministration, lengthy decision making processes,lack of coordination between the Government andNGOs, instability of the Government, lack ofappropriate technology, illiteracy, and lack of massawareness are some of the major reasons for weakenforcement of environmental legislation. Thedifficulties associated with effective enforcement oflegislative instruments stem from the fact thatMOEST and other sectoral agencies are fragmentedin their approach to monitoring. Monitoring is weakand uncoordinated, strict measures for enforcementare lacking, and non-compliance is rampant. Prior toformation of MOEST 2 in 2005, MOPE was the keygovernment body on environment in Nepal.However, MOPE was not successful in enforcingenvironmental laws and regulations in the country.Moreover MOPE remained weak in monitoring andevaluating the environmental performance of otherenvironment related agencies. These agencies also2MOEST was formed in 2005 by annexing the Environment Division of the former Ministry of Population and Environment (MOPE) and joining it to the then existingMinistry of Science and Technology (MOST), which was then restructured into MOEST.126 Environment Assessment of Nepal : Emerging Issues and Challenges