Nepal – 1st – Environment

The Nepalese NAP contains a background section on:

2.1.5 Environment and Rights of Indigenous Nationalities

2.2 Business and Human Rights Implementation Action Plan

1. Protection

S.No.	Activity	Responsible agency	Partner agency	Timeline	Performance Indicator
33	Make the preliminary environment assessment, environmental impact assessment and overall impact assessment system to be carried out prior to operation of a business objective and factual in relation to the rights of the community/people living in the environment and affected areas	Ministry of Forest and Environment (MOFE)	Business enterprises/pro poser	Continu ous	Objective and factual report
34	Effective enforcement of the provision related to meaningful participation and free prior and informed consent of the stakeholders including indigenous nationalities, Dalits, women, children, representatives of customary organisations, people with disabilities and senior citizens of the affected zone in preliminary environment assessment, environmental impact assessment and social impact assessment.	MOFE	Business enterprise/pro poser	Continu ous	Meaning participation and consultation
36	Include the rights of the indigenous nationalities and other communities guaranteed by national and international laws during formulation of the standards related to environment protection	MOFE/local level	Indigenous and nationalities commission	Continu ous	Rights of indigenous nationalities and other communities ensured in standards
37	Include issues of business and human rights while formulating and making timely amendments to existing act, laws and standards related to environment protection	MOFE/provincial gov ernment/local level	MOICS/stakeholders	Continu ous	Formulation and amendment of laws
38	For effective implementation of existing act, laws and standards related to environment protection carry out survey on institutional structures and infrastructure and make timely reforms	MOFE/provincial gov ernment	Business enterprises/pro poser	Continu ous	Reforms in necessary infrastructure
39	To promote public transport and electric vehicles and urban greenery	MOFE/provincial gov ernment/local level	MOICS/business sector	Second year	Encouragement and necessary facilitation
40	To formulate and implement national policy, act and regulations on prevention of water pollution.	MOFE	MOLJPA/stakeholder	Second year	Formulation and implementation of policy, act and regulations
41	To effectively implement the standards developed for prevention of water pollution and standards and decisions related to waste water disposal	MOFE/province govern ment	Stakeholder	First year	Effective enforcement of standards and decisions
42	To develop industrial waste processing mech anisms	MOFE/provincial gov ernment	Stakeholders	Second year	Development of mechanism
43	To amend and implement the waste (solid and liquid and hazardous) management national policy, act and regulations	Concerned ministry/ provincial government/ local level	Stakeholder	Second year	Formulation and implementation of policy, act and regulations
44	Formulation and updating of the law relating to import, sale and distribution and justified use of pesticides	Ministry of Agriculture and Livestock Development (MoALD)/ provincial government/ local level	Private sector and stake holder	First year	Formulation and updating of law
45	To formulate and implement laws relating to the use of chemicals in consumable goods and production process, and residue and overall lifecycle management	MOICS/provincial gov ernment/local level	Private sector and stake holder	Second year	Law and standards formulated
46	To carry out study on the violation of human rights due to reasons of climate change and implement recommendations for their miti gation.	MOFE/provincial gov ernment/local level	Private sector and stake holder	Continu ous	Recommendations implemented

2. Respect

73	To include the participation of indigenous nationalities and the situation of the beneficiaries as indicators while carrying out preliminary environmental assessment and environmental impact assessment.	Business enterprises/ thematic association/ federation	MOFE	Continuous	Report on measurement of involvement of indigenous nationalities
74	To establish institutional structures and infrastructure related to environment at the enterprise level	Business enterprises/ thematic association/ federation	Stakeholder	Continuous	Establishment of institutional structure and infrastructure
75	To run awareness raising and promotional programmes on environment protection in collaboration with stakeholders.	Business enterprises/ thematic association/ federation	Stakeholder	Continuous	Programme implemented
76	To implement the national policies, acts, regulation, standards and government decisions related to air pollution control.	Business enterprises/ thematic association/ federation	Department of environment and stakeholders	Continuous	To have been implemented
77	To implement the national policies, acts, regulation, standards and government decisions related to water pollution control.	Business enterprises/ thematic association/ federation	Department of environment and stakeholders	Continuous	To have been implemented
78	Develop industrial waste production plant and operate it regularly	Business enterprises/ thematic association/ federation	Department of environment and stakeholders	Continuous since sec ond year	Development and operation of mechanism
79	To implement the occupational and domestic waste (solid and liquid and hazardous) management national policy, acts, regulations, and manage it in an environment friendly manner.	Business enterprises/ thematic association/ federation	Department of environment and stakeholders	Continuous	Occupational and home waste managed
80	To effective implement the standards related to production, import, storage, sales and disposal of pesticides.	Business enterprises/ thematic association/ federation	Ministry of Agriculture and Livestock development/ stakeholder	Continuous	Implementation of standards
81	To properly use the chemicals in consumable goods and its production process, and properly manage its residue.	Business enterprises/ thematic association/ federation	Department of environment and stakeholders	Continuous	Proper manage ment of chemicals and residue

3. Remedy

107	Increase the institutional capacity and effectiveness of the existing mechanism for protection of environmental rights violated due to business activities and increase access to justice.	MOFE	Department of Environment/business enterprises	Continuous	Access to justice
108	Enforce provision of reward and punishment strictly as per the law in the implementation of the recommendations from the environmental monitoring and evaluation reports.	MOFE	Department of Environment/business enterprises	Continuous	Provision of reward and punishment

109	To effectively mobilize the monitoring mechanism related to management of air pollution, water pollution and waste (solid and liquid)	MOFE	Department of Environment/business enterprises	Continuous	Monitoring report
110	To carry out regular monitoring of the use of chemical in the production, storage, import and sales of consumable goods and residue management.	MOFE	Department of Environment/business enterprises	Continuous	Monitoring report
111	Ensure climate justice for mitigation and adaptation of the impact of climate change on daily life.	MOFE	Department of Environment/business enterprises	Continuous	Climate justice ensured