BIJAY DAMASE

KATHMANDU: Despite a Supreme Court order on December 25, 2018, instructing the government to enact a specific law on climate change, the government has not shown diligence in complying with the directive. The division bench of then Chief Justice Om Prakash Mishra and Justice Tej Bahadur KC ordered the creation of a Climate Change Act in accordance with the new Constitution of Nepal.

The Environmental Protection Act, 2053, includes some provisions on climate change and environmental protection, but lacks a comprehensive legal framework for climate adaptation and mitigation. The court emphasized the necessity of a separate law to address these issues and mandated the implementation of the National Framework for Climate Change Policy 2067, the National Adaptation Action Plan, and the Local Adaptation Action Plan until the new Act is enacted.

Advocate Padam Bahadur Shrestha filed a writ on October 31, 2017, against the Office of the Prime Minister and the Council of Ministers, highlighting the absence of legal provisions for climate adaptation and mitigation in the existing Environmental Protection Act. Despite the court's immediate order to implement the provisions of the Climate Change Policy 2067, the government has yet to take steps toward enacting a separate law. The government maintains that existing laws are sufficient.

Badriraj Dhungana, joint secretary of the Ministry of Forests and Environment, argues that while there is no separate, integrated law to address climate change, the Forests Act, Environment Act, and Nepal's Nationally Determined Contributions (NDC) policies are adequate. "We don't lack laws; we have a significant financial shortfall to address the problem," he said, expressing hope that resources will be mobilized in the future.

Stakeholders' Views

Stakeholders argue that a specific climate change law is necessary to mitigate the effects of climate change and ensure justice for those disproportionately affected. Nepal's contribution to climate change is minimal, yet it faces high climate risk. According to the "Global Climate Risk Index 2021" by Germanwatch, Nepal is among the 10 most vulnerable countries. Poor communities in Nepal are increasingly struggling to earn a living due to climate-related impacts such as floods and droughts, prompting calls for climate justice and compensation for damages.

Mahesh Badal, Senior Program and Business Development Manager of ActionAid, an international NGO, highlights the dramatic increase in climate change victims who cannot find justice under current laws. "Few people can achieve climate justice with the existing laws, so a new law is urgently needed," he said.

Real-life Impacts

Examples of climate impacts include a fire in a paddy field in Birtamod-10, West Biratpokhara, which destroyed about 5,680 kilograms of paddy, causing significant financial loss to Santa Kumar Lohar. In another instance, continuous rainfall for five days in June destroyed all maize crops planted by Sita Paudel in her 10-ropani field in Bhumikasthan Municipality, Arghakhanchi, without any government compensation.

Government studies also reveal widespread climate change effects. The "National Climate Change Survey 2022" by the National Statistics Office, which interviewed 6,500 citizens, found that about 90% of citizens suffered crop losses due to drought over the past 25 years. Other significant impacts include flood damage, insect infestations, and drying water sources.

The "Nepal Development Report" by the World Bank in October 2022 noted that climate change negatively impacts Nepal's agriculture, infrastructure, and labor productivity. The report highlighted issues like changing weather patterns, increasing temperatures, erratic rainfall, floods, landslides, and river erosion affecting agricultural productivity.

Policy vs Implementation

While Nepal has policies and plans to allocate 80% of the climate change budget to the local level, implementation is hindered by the lack of adequate laws. The government has prepared and passed the second Nationally Determined Contribution (NDC), with an estimated implementation cost of Rs 435.3 billion by 2030. Despite these commitments, experts doubt their successful implementation without robust legal backing.

Madhukar Upadhyay, a watershed expert, emphasized the need for legal enforcement to ensure policy implementation. "Policies without legal status are unlikely to be implemented," he said, comparing it to the mandatory requirement of a driving license.

Call for Action

Senior advocate Padam Bahadur Shrestha stresses that the government has ignored the Supreme Court's order to create a separate climate change law, forcing reliance on the Environmental Protection Act. Article 30 of the Fundamental Rights in Nepal defines environmental protection as a right, but current laws lack binding provisions and clear responsibilities.

Ashok Chaudhary, MP of the House of Representatives and member of the Agriculture, Cooperatives, and Natural Resources Committee, calls for legislation to compensate citizens affected by climate change. "Farmers' crops are being destroyed due to climate change, and the state is not providing support," he said. Dhungana, from the Ministry of Forestry, acknowledged the state's limited capacity to pay compensation, highlighting the financial constraints.

Experts are unanimous that Nepal urgently needs a binding climate change law to address the severe impacts on its citizens, ensure climate justice, and fulfill its international commitments effectively.