ADB_book_18 April.qxp - Himalayan Document Centre - icimod

environmental governance can be better understoodby reassessing environmental performance to dateand identifying areas where changes are needed.Socioeconomic Factors Impeding GoodEnvironmental ManagementNepal’s poor record on the environment stems fromthe fact that Nepal is a country in transition with apoor economy and is confronted by many othermajor challenges of infrastructure development. Thecontinuing political instability and security problemsare adversely impacting both the economy and theenvironment. Frequent changes in governments, thelack of a parliament for prolonged periods, and thepresent conflict situation have all contributed toundermining organizational capacity, and outreachand monitoring at all levels. These have severelyundermined progress in environmentalmanagement. Poverty is forcing poor people toindiscriminately use and overexploit naturalresources for daily survival.Although the Government maintains thatpromoting environmental activities is a high priority,budgetary allocations remain grossly inadequate,and provisions for obliging communities tosustainably manage environmental resources remainlacking. Inadequate advocacy and awareness of theimportance of protecting and managing theenvironment are prevalent. Lack of awareness inurban areas has resulted in increased pollution fromthe misuse and abuse of resources andenvironmental mismanagement, while lack ofawareness in rural areas has resulted inunsustainable use of natural resources.Under-funded Environment and NaturalResource MandatesPublic sector institutions such as ministries,departments, and corporate bodies are short oftechnically skilled human resources specialized inthe various environmental fields. Lack of the fundsneeded to execute their mandates means that thedatabases, research facilities, and laboratoriesneeded for environmental monitoring are lacking(see Chapter 10). This situation has madeenvironmental institutions dependent on externalfacilities. For example, MOPE, even after 9 years ofexistence, did not have a laboratory of its own foremission testing of vehicles and depended on thefacilities available with the traffic police office. Localgovernment bodies at the district and village levelsalso need technical staff, facilities, and funding,without which they cannot execute their mandatedenvironmental activities as promoted by the LocalSelf Governance Act 1999. The same situation withrespect to instrumentation and staff prevails amongNGOs and the private sector. Lack of logisticalsupport has prevented agencies concerned frommaking field trips to project sites to carry outenvironmental surveillance and monitoring activities.Well-trained technical staff are in short supplyand while two universities (and a number ofcolleges) have taken up the challenge of trainingenvironmental experts and giving environmentaltraining to students in related disciplines, they needto be more actively encouraged and supported.Environmental departments need to make costlyinvestments in instrumentation for hands-on training,and this also needs to be reviewed. To date it hasbeen difficult to attract young people toenvironmental disciplines since it is known thatenvironmental staff are poorly remunerated. Themorale of graduate-level environmental staff is low.Because they are not categorized as an“environment group” by government administrativerules, they are deployed under miscellaneousgroups, which not only negatively impacts theircareers but also discourages new recruits.Conflicting and Overlapping MandatesConflicts and problems related to overlappingmandates appear in many areas but are especiallyprevalent between institutions with long historiesand those that are relatively new. There is a strongneed to review all existing sectoral environmentallegislation and harmonize it. Here we cite examplesthat can arise between different agencies andministries to show how pervasive the problems are.Conflicts arise, for example, in cases whichinvolve forested areas. As per the provisions of theEnvironment Protection Act and Regulations, MOESTis authorized to approve EIA reports on developmentprojects (like transmission lines and hydropowerplants). Nevertheless, the Forest Act 1993 says that incases where such projects involve forested areas,MOFSC also has the right to review and reject them.Lack of expertise and facilities means that theapproval process by MOFSC may take a long time,and often these delays compromise project viability.Experiences of program implementation reveal thatwhile awaiting an environmental decision,developers often take matters into their own handsand clear extra forests and inflict other damage.Legislation and human resources to monitor orprosecute this behavior are weak or lacking, and inthe process projects of possibly national importanceare jeopardized.Similarly, the National Parks and WildlifeConservation Act 1973, amended 1993, prohibits anyoutside interference in projects undertaken inprotected areas. While MOFSC cannot overrule the132 Environment Assessment of Nepal : Emerging Issues and Challenges