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ADB_book_18 April.qxp - Himalayan Document Centre - icimod

ADB_book_18 April.qxp - Himalayan Document Centre - icimod

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To overcome the constraints imposed byconflicting mandates, it might be necessary to reviewcritically the existing legislative measures, devisetheir enforcement modalities, and consolidate alllegal provisions under a single comprehensiveumbrella legislation. Such integration might facilitategovernance and harmonize the regulation of allenvironmental actions taken nationwide. Anotherpossibility would be to consider the establishment ofa National Pollution Control Board/Authority (to be atleast partially managed by the private sector) whosechief responsibility would be to oversee pollutionissues and enforce compliance with environmentalstandards. Similarly, with growing awareness on thepart of the public it may now be timely to considercreation of an independent Environmental RightsCommission to protect the environmental rights ofcitizens.Technical training is needed at all levels, andMOEST and other agencies involved in environmentalmonitoring need more and better skilledprofessionals to carry out their mandates. Theseneed to have career development opportunities andto be encouraged and rewarded. They also need tobe supplied with appropriate tools and equipment sothat they can carry out their assigned tasks. Researchand laboratory equipment are in short supply allaround, and this situation needs to be addressed.Improvements to the Legislative SystemA large number of environmental acts andregulations have been promulgated in Nepal (seeChapter 9) to facilitate the implementation ofenvironmental plans and programs, but these havehad only limited success. This legislation now needsto be updated and amended to make it responsive tothe present-day requirements of complex environmentalconcerns. In addition, new regulations areneeded to help Nepal take full advantage of WorldTrade Organization (WTO) membership.Trade and EnvironmentNepal recently became the 147th member of theWTO. The main aim of membership is to improveNepal’s economy by opening up trade with theworld. Before being able to reap the full benefits thatWTO membership implies, policymakers andbusinessmen need to be aware of how to make themost of these opportunities and how not to beovercome by open trading. One of the commitmentsmade by Nepal was to amend the EnvironmentProtection Act 1996 to compliment requirements ofWTO agreements related to trade and environment;this is discussed below. Nepal also needs to developadditional environmental standards for protectinghuman and plant life, and to consider issues liketrade related intellectual property rights (TRIPS),which have threatened the rights of developingcountries’ farmers rendering them more vulnerableand marginalized. Another thorny and delicate issueunder the WTO is that of agricultural subsidies,which many poor WTO members believe harm theirexports. Building the capacity of environmental cellsin the Federation of Nepalese Chambers ofCommerce and Industries and other majorassociations of commerce and industry will berequired. Industries should be motivated to adoptand comply with International StandardsOrganization (ISO) standards and ecolabeling ofindustrial products.Enforcement of Environmental LawsThe environmental laws and regulations that do existare only weakly enforced. Nepal’s poor performancein the environmental sector has, in large part, beenthe failure to fully empower regulatory bodies toenforce regulations, monitor compliance, andimpose penalties. The environmental commitmentof institutions nominally responsible for enforcement,such as NPC and MOEST, is weak andenforcement is piecemeal; there is a lack ofcoordination among the different agencies.A strong institutional base is needed to monitorand strengthen the legal instruments applied toenvironmental conservation. In many cases lawenforcement is thwarted due to poor institutionalinfrastructure, the lack of institutional decentralization,or the constant shifting of responsibilities fromone institution to another. A strong, transparent, andeffective monitoring system is needed to supportproper enforcement of laws and regulations. Forexample, to comply with international treaties, a listof rare and endangered species has been prepared.The difficulty, however, is that there is no scientificmonitoring to ascertain whether these species areactually still endangered or rare. 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. The sectionbelow on an “Environmental and Natural ResourcesInformation Network” begins to address this issue.Strengthening the EIA/SEA FrameworkUnder the provisions of the Environment ProtectionAct and Environment Protection Regulations, thetechnical, industrial, and socioeconomic impacts ofdevelopment projects on the environment and theChapter 14: Emerging Priorities213

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