- Absence of coordinating agency:
The most serious constraint on the
implementation of
environmentally-related Conventions to which Nepal is committed has obviously been the
absence of any coordinating agency such as the Ministry of Population and Environment
which is responsible for the incorporation or integration of various international obligations
into the existing laws or when preparing new legislation. Even where there is a specific
government agency directly concerned with or obviously responsible for implementation of
some Conventions, implementation has not been particularly encouraging.
1. Ban on exports: The glaring examples are the Department of National Parks
and Wild
Life Conservation with the implementation of CITES, 1973, and the Department of
Archaeology with the Convention Concerning the Protection of the World Culture and
Heritage, 1972. It should, however, be noted that under the present trade policy, introduced
in 1992, the government has imposed a ban on export of images of gods and goddesses, palm
leaf inscriptions (Tad Patra) and plant leaf inscriptions
(Bhojpatra), scrolls (Thanka) of
historical importance, wild animals, bile and any other part of animals, musk, snake and
lizard skins, raw hides and skin, and logs and timber.
2. Implementation problems: Even after almost two decades, important and
relevant
Conventions have not yet been effectively implemented. CITES and the World Cultural and
Natural Heritage Conventions are glaring examples. The United Nations Educational,
Scientific and Cultural Organization/International Council of Monuments and Sites Review
Mission of 14-30 November 1993 recommended that several World Heritage Sites in the
Kathmandu Valley be placed on the World Heritage in Danger List. When even the
implementation status of international environmental instruments to which Nepal became a
party more than 15 years ago is so weak, the status of other Conventions such as the
Convention on Biological Diversity and Convention on Climatic Change can easily be
imagined.
3. A non-binding but voluntary commitment: Although Agenda 21 is not
legally binding,
Nepal is committed to it as are all other nations which attended the United Nations
Conference on Environment and Development in June 1992. It deserves immediate
implementation by the government, especially those chapters which have a direct relevance
to Nepal such as those dealing with integrating environment and development in
decision-making, managing fragile ecosystems, sustainable mountain development,
promoting
sustainable agriculture and rural development, and conservation of biodiversity.
- Appropriate and effective steps to respect international obligations: Since two
important central coordinating agencies, that is, Environmental Protection Council (EPC) and
the Ministry of Population and Environment, now exist with the necessary mandates, they
can be expected to take appropriate and effective steps to see that the international obligations
of Nepal are duly honored and implemented in the interests of both Nepal and the
international community. As an initial and immediate step, it is necessary first to take stock
of those international obligations emanating from environmentally-related Conventions to
which Nepal is already a party, and to examine how those obligations can be implemented
effectively.
1. Legal committee: To facilitate such action, the Ministry of Population and
Environment
could constitute a "legal committee" of experts and take the necessary steps on the basis of
the findings and recommendations by that committee. The extensive study jointly
commissioned by National Planning Commission (NPC) and the World Conservation Union
(IUCN), entitled the National Conservation Strategy Implementation Project, is now near
completion. The study will serve as an excellent document for both the government and the
proposed "legal committee" in making their review and recommendations, and in taking the
necessary actions.
