ADB_book_18 April.qxp - Himalayan Document Centre - icimod

and comply with International Standards Organization(ISO) standards and eco-labeling of industrialproducts.While it is clear that the existing environmentallaws and regulations need to be reviewed, they alsoneed to be enforced. Nepal’s poor performance inthe environmental sector has largely been a failure tofully empower regulatory bodies to enforceregulations, monitor compliance, and imposepenalties. The environmental commitment ofinstitutions nominally responsible for enforcement,such as NPC and MOEST, is weak and theenforcement piecemeal—there is a lack ofenforcement modalities and a lack of coordinationamong the different agencies.A strong institutional base is needed to monitorand back up the legal instruments applied toenvironmental conservation. In many cases lawenforcement is thwarted due to poor institutionalinfrastructure, lack of institutional decentralization,or the constant shifting of responsibilities from oneinstitution to another resulting in no one institutiontaking up the task at hand. A strong, transparent, andeffective monitoring system that can support properenforcement of laws and regulations is needed.For example, to comply with internationaltreaties, a list of rare and endangered species hasbeen prepared by MOFSC. However, whether theaforementioned species are still endangered or rareis never scientifically monitored. Surveillance of legalinstruments both internationally and nationally islacking. Creating a repository of all the relevantenvironmental information in the country andmaking it accessible to all stakeholders throughelectronic means would help to make the systemmore transparent and easier to enforce.Strengthening the EIA/SEA FrameworkAn effective monitoring and evaluation mechanismto review compliance with existing environmentallaws is also needed. Under the provisions of theEnvironment Protection Act and Regulations, it ismandatory to assess the technical, industrial, andsocioeconomic impacts of development projects onthe environment and on the population. The agencyconcerned needs to approve the requisite EIA reportsbefore any project is started. Projects withoutsignificant environmental impacts only need an IEEto be conducted by relevant agencies. The NPC hasadopted and applied the concept of SEA for projectdevelopment policies and programs included in theTenth Five-Year Plan (2002–2007). While the EIAassesses environmental impacts of developmentprojects at the project level, the SEA assessesenvironmental impacts of development projects atthe planning, policy, and programming stages andcan be used in evaluating strategic proposals forappropriate decision making.EIA and SEA capacity issues are acute. The EIAis still largely considered an “add-on” project burden,and EIA reports are commonly based on inadequatedata. Although MOEST has already approved 25 EIAreports from different projects, it has not been able tomonitor the proposed mitigation of identifiedimpacts. Recent experience based on a cross-sectionof development projects shows that the EIA processis usually enforced as part of the initial approvalprocess during approval of EIA reports by MOEST.However the problems come later at theimplementation stage when actual site conditionsdiffer from initial preliminary assessments.From this perspective, capacity development inaugmenting, mobilizing, and enhancing the EIA andSEA capability of a country, organization,professional body, or group of individuals is muchneeded for strengthening this sector. The knowledge,tools, and skills necessary to operate an EIA or SEAsystem to an acceptable level of performance haveto be developed. The scope of capacity developmentcan range from establishing preconditions for EIA orSEA development to benchmarking good practice.Supporting measures include research, policyanalysis, institutional design, information exchange,training and skills transfer, building networks,professional development, and guidance onimplementation of good practices.BibliographyAsian Development Bank (ADB). 2001. Asian EnvironmentOutlook. Manila.———.2004. The Country Environment Analysis for Nepal.Kathmandu: International Centre for IntegratedMountain Development.Asian Development Bank (ADB) and Ministry of Populationand Environment (MOPE). 1999. InstitutionalStrengthening of the Ministry of Population andEnvironment. Kathmandu: His Majesty’sGovernment of Nepal, MOPE.Bhattacharya, R.N. 2001. Environmental Economics: AnIndian Perspective. Delhi: Oxford University Press.Central Bureau of Statistics (CBS). 2002. Population Census2001. Kathmandu.Chhokar, K.B., M. Pandya, and M. Raghunathan. 2004.Understanding Environment. Delhi: Centre forEnvironment Education, Sage Publications India.Dahal, M.K., and D.R. Dahal. 1998. Environment andSustainable Development Issues in NepalesePerspectives. Kathmandu: Nepal Foundation forAdvanced Studies.Dash, M.C., and P.C. Mishra. 2001. Man and Environment.Kolkota: Macmillan India Limited.Chapter 9: Environmental Governance135