Strengthening Environmental Legislation

As Nepal navigates the complexities of development and environmental conservation, the looming global environmental milestones—the 16th meeting of the Conference of the Parties to the Convention on Biological Diversity (CBD COP-16) and the 29th session of the UN Climate Change Conference (COP 29)—are critical turning points. These conferences represent not just international gatherings but a clarion call for nations, especially those like Nepal, to reassess, renew, and refine their commitments to biodiversity conservation, climate change mitigation, and environmental protection. For a country like Nepal, which faces disproportionate impacts from climate change and biodiversity loss, these global forums present an opportunity to integrate international strategies into national policies and to make meaningful advancements in both legislative and practical frameworks.

Challenges

Nepal is home to an incredibly rich variety of ecosystems, ranging from tropical lowlands to the snow-capped peaks of the Himalayas. This biodiversity is a cornerstone of the nation’s environmental heritage and plays a significant role in the livelihoods of local communities, particularly those engaged in agriculture, forestry, and tourism. However, rapid infrastructure development, unsustainable agricultural practices, deforestation, and the increasing impacts of climate change have all taken a toll on the country’s natural environment.

Nepal's vulnerabilities to climate change are also becoming more pronounced. The country is already witnessing erratic monsoons, more frequent floods and landslides, glacial lake outburst floods, and shifting agricultural zones. According to the Global Climate Risk Index 2021, Nepal ranks among the countries most affected by extreme weather events over the past two decades. Moreover, data from the World Bank suggests that climate change could push 800,000 more Nepalis into poverty by 2030, exacerbating existing socioeconomic disparities and undermining progress on the Sustainable Development Goals (SDGs). 

These environmental challenges are compounded by a legal framework that, while well-intentioned, remains insufficient to address the magnitude of the crisis. Nepal’s existing Environmental Protection Act (EPA) and Environmental Protection Regulation (EPR) are outdated and lack the teeth needed to effectively manage the country’s environmental threats. The current regulatory regime does not fully integrate climate and biodiversity considerations into the planning and execution of major development projects. Moreover, enforcement of environmental safeguards is often weak, and there is a growing disconnect between policy objectives and on-the-ground implementation.

The Convention on Biological Diversity (CBD) has been a key driver of biodiversity conservation worldwide, and Nepal has been an active participant in this multilateral environmental agreement. At the CBD COP-15 in Montreal in 2022, countries agreed on the Post-2020 Global Biodiversity Framework, which set ambitious targets to halt biodiversity loss and ensure that ecosystems are resilient and able to deliver essential services to humanity by 2030. The upcoming CBD COP-16 is expected to further refine these targets and establish stronger accountability mechanisms for implementation.

One of the key recommendations for Nepal is the full incorporation of biodiversity safeguards into its national development strategies. This would involve updating the EPR to include more stringent regulations on land-use changes, particularly in biodiversity hotspots, and adopting measures to mitigate the environmental impact of infrastructure projects. In addition, Nepal needs to enhance its monitoring and reporting mechanisms to track progress on biodiversity goals. Without accurate data and a clear understanding of the state of ecosystems, it will be impossible to assess the effectiveness of conservation measures.

The intersection of climate change and biodiversity loss presents both challenges and opportunities for Nepal. Biodiversity-rich ecosystems, such as forests, wetlands, and grasslands, play a critical role in climate mitigation and adaptation by sequestering carbon, regulating water cycles, and providing buffers against natural disasters. Yet, these ecosystems are under significant pressure due to deforestation, land degradation, and infrastructure development.

At COP 29, climate action will again take center stage, with countries expected to commit to more ambitious goals to limit global temperature rise and enhance climate resilience. For Nepal, the challenge will be to integrate its climate and biodiversity agendas in a way that maximises synergies between the two. This can be achieved through the adoption of Nature-based Solutions (NbS), which leverage the power of ecosystems to deliver both climate and biodiversity benefits.

NbS can play a crucial role in Nepal’s climate and conservation policies. For example, restoring degraded forests not only enhances biodiversity but also increases carbon sequestration, providing a natural solution to climate change. Similarly, conserving wetlands and river basins can improve water security and reduce the risk of floods, while also supporting a wide range of plant and animal species. By investing in NbS, Nepal can simultaneously address its biodiversity and climate challenges in a cost-effective and sustainable manner.

However, realising the full potential of NbS will require strong political will, adequate funding, and enhanced institutional capacities. Nepal needs to ensure that NbS are embedded into its national climate adaptation plans, as well as its disaster risk reduction strategies. Furthermore, the government must develop clear guidelines for the implementation of NbS, ensuring that these solutions are designed in collaboration with local communities and are tailored to the specific environmental and socioeconomic contexts of different regions.

A key area where Nepal can make significant progress is by strengthening its Environmental Protection Regulation (EPR). The current EPR, which was enacted in 1997, has provided a basic framework for assessing the environmental impacts of development projects, but it has significant gaps in its coverage. For instance, the EPR does not adequately address the cumulative impacts of multiple projects in biodiversity-rich areas, nor does it provide sufficient mechanisms for involving local communities in environmental decision-making.

To address these gaps, the government should consider revising the EPR to include provisions that are in line with the best practices emerging from global environmental governance. This could involve the adoption of strategic environmental assessments (SEAs) for major development plans, which would evaluate the potential impacts of a series of projects on biodiversity and ecosystems. 

Moreover, the revised EPR should include stronger enforcement mechanisms, with clear penalties for non-compliance. At present, many development projects proceed without proper environmental assessments, and even when assessments are conducted, their recommendations are often ignored. By introducing stricter penalties for non-compliance, as well as greater transparency in the environmental assessment process, Nepal can ensure that development is conducted in a manner that is consistent with its environmental commitments.

As Nepal seeks to strengthen its environmental legislation and policy frameworks, it can draw valuable lessons from other countries that have successfully integrated biodiversity and climate considerations into their development strategies. One notable example is Costa Rica, which has implemented a highly successful Payment for Ecosystem Services (PES) model. Under this model, landowners are financially compensated for conserving forests and other ecosystems, which in turn helps to protect biodiversity and enhance climate resilience. Rwanda is another example of a country that has made significant progress in integrating biodiversity into its national development planning. 

Nepal can adapt these models to its own context by exploring mechanisms such as PES and by incorporating biodiversity conservation into its economic development planning. For example, providing incentives for sustainable agricultural practices in biodiversity-rich areas could help reduce habitat destruction while also supporting rural livelihoods.

Indigenous knowledge

One of Nepal’s greatest assets in the fight against biodiversity loss and climate change is its tradition of community-led conservation. Community Forest User Groups have been highly effective in managing forests and protecting biodiversity at the local level, and Nepal’s protected areas, many of which are managed by local communities, are widely regarded as a model for community-based conservation.

As Nepal moves forward with updating its environmental legislation and policies, it is essential that the government continues to engage local communities and indigenous groups in these efforts. Indigenous knowledge, which has been passed down through generations, holds valuable insights into sustainable land and resource management practices. By incorporating this knowledge into national conservation strategies, Nepal can create more resilient and sustainable solutions to the challenges it faces.

However, engaging local communities requires more than just consultation; it also involves providing them with the resources and authority to take meaningful action. This includes ensuring that local communities have access to the financial resources and technical expertise needed to implement sustainable practices. Additionally, the government should work to strengthen the legal rights of indigenous communities, ensuring that they have a say in decisions that affect their lands and resources.

Nepal stands at a pivotal moment in its environmental journey. With the CBD COP-16 and COP 29 just around the corner, the country has an opportunity to align its national policies with global commitments and take bold steps toward a more sustainable future. 

As the world grapples with the twin crises of climate change and biodiversity loss, Nepal’s proactive engagement in international environmental forums, coupled with strong national legislation, will be critical in safeguarding the country’s natural heritage for future generations. These efforts will not only help Nepal meet its global obligations but also ensure a more secure and prosperous future for its people and ecosystems.

(The author is a policy advisor at the Good Governance Protection Forum.)