The Forests Act of 2019 (Unofficial English Translation)

On August 23, 2017 Padam Bahadur Shrestha filed an application to compel the government of Nepal to enact a new climate change law. When the authorities failed to respond, Shrestha petitioned the Supreme Court of Nepal to issue a writ of mandamus or other appropriate order to enact such a law. According to the petition, the Environmental Protection Act of 1997 was inadequate because it did not address climate change, the Climate Change Policy of 2011 had not been implemented, and as a result, the humans and ecosystems of Nepal had experienced grave climate impacts. Shrestha alleged that the government’s failure to adequately address climate had violated the rights to a dignified life and a healthy environment guaranteed in the Constitution of Nepal, and violated Nepal’s commitments under the UNFCCC and the Paris Agreement. The existential threat created by climate change impaired his constitutional rights to (i) live with dignity, (ii) live in a healthy and clean environment, (iii) access basic healthcare services, and (iv) food and protection from starvation. The petitioner further argued that a specific climate change law was needed as the Environment Protection Act made no provision for climate change mitigation and adaptation. He contended that the gap must be rectified immediately. 

In a decision issued on December 25, 2018, the Supreme Court found that action was needed to ensure climate justice, sustainable development, and intragenerational and intergenerational justice. Nepal’s commitments under multilateral climate change treaties and the operation of the 2015 constitution required action. Article 51(g) of the Constitution of Nepal obligated the government to protect the environment. The court concluded that climate change impaired the petitioner’s constitutional right to a dignified life and a clean and healthy environment. 
The Court ordered the government of Nepal to enact a new climate change law to (i) mitigate and adapt to the effects of climate change, (ii) reduce the consumption of fossil fuels and promote low carbon technologies, and (iii) develop scientific and legal instruments to compensate those harmed by pollution and environmental degradation, among other provisions. The Court issued a writ of mandamus and ordered the government to pass and implement a new climate law to effectuate Nepal’s commitments under the Paris Agreement and obligations under the Constitution. The Court further reasoned that the Environmental Protection Act of 1997 was inadequate to address needed climate change mitigation and adaptation, and ordered the government to implement existing national climate policy until the new law would be enacted. Further, pending passage of the climate change law, the court directed the government to implement its climate change policy, National Adaptation Programme of Action 2010, and National Framework on Local Adaptation Plans for Action 2011.

Subsequent to the Supreme Court decision, the government of Nepal passed the Environment Protection Act of 2019 and the Forests Act of 2019. Both are linked below.

Shrestha v. Office of the Prime Minister et al.

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Shrestha v. Office of the Prime Minister et al. - Other

Filed

On August 23, 2017 Padam Bahadur Shrestha filed an application to compel the government of Nepal to enact a new climate change law. When the authorities failed to respond, Shrestha petitioned the Supreme Court of Nepal to issue a writ of mandamus or other appropriate order to enact such a law. According to the petition, the Environmental Protection Act of 1997 was inadequate because it did not address climate change, the Climate Change Policy of 2011 had not been implemented, and as a result, the humans and ecosystems of Nepal had experienced grave climate impacts. Shrestha alleged that the government’s failure to adequately address climate had violated the rights to a dignified life and a healthy environment guaranteed in the Constitution of Nepal, and violated Nepal’s commitments under the UNFCCC and the Paris Agreement. The existential threat created by climate change impaired his constitutional rights to (i) live with dignity, (ii) live in a healthy and clean environment, (iii) access basic healthcare services, and (iv) food and protection from starvation. The petitioner further argued that a specific climate change law was needed as the Environment Protection Act made no provision for climate change mitigation and adaptation. He contended that the gap must be rectified immediately. 

In a decision issued on December 25, 2018, the Supreme Court found that action was needed to ensure climate justice, sustainable development, and intragenerational and intergenerational justice. Nepal’s commitments under multilateral climate change treaties and the operation of the 2015 constitution required action. Article 51(g) of the Constitution of Nepal obligated the government to protect the environment. The court concluded that climate change impaired the petitioner’s constitutional right to a dignified life and a clean and healthy environment. 
The Court ordered the government of Nepal to enact a new climate change law to (i) mitigate and adapt to the effects of climate change, (ii) reduce the consumption of fossil fuels and promote low carbon technologies, and (iii) develop scientific and legal instruments to compensate those harmed by pollution and environmental degradation, among other provisions. The Court issued a writ of mandamus and ordered the government to pass and implement a new climate law to effectuate Nepal’s commitments under the Paris Agreement and obligations under the Constitution. The Court further reasoned that the Environmental Protection Act of 1997 was inadequate to address needed climate change mitigation and adaptation, and ordered the government to implement existing national climate policy until the new law would be enacted. Further, pending passage of the climate change law, the court directed the government to implement its climate change policy, National Adaptation Programme of Action 2010, and National Framework on Local Adaptation Plans for Action 2011.

Subsequent to the Supreme Court decision, the government of Nepal passed the Environment Protection Act of 2019 and the Forests Act of 2019. Both are linked below. 

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An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Justice is the ethical and political framework that addresses fairness, including issues of responsibility, rights, and structural inequity.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

The management and allocation of funds, assets and investments to meet various objectives

People who are less able to respond to the effects of climate change due to having limited financial or physical assets

A loan is a policy instrument where funds are provided to a borrower with the expectation of repaying the principal plus interest.

Zoning and spatial planning are both methods for guiding the distribution of people and activities in a space, and are regulatory restriction.

A ban is a legal action that prevents the sale or supply of a product or service, or that recalls a product from the market. Examples are bans on SF6, greenwashing, fossil fuel advertisement or single-use plastics.

Either money or something of monetary value is transferred between two or more organisations, people or countries.

Actions or measures to adapt terrestrial systems to climate change.

Actions or measures to adapt freshwater systems to climate change.

Actions to adapt and increase the resilience of rural and urban infrastructure and settlements to climate change.

Actions or measures to adapt freshwater, coastal and marine systems to climate change.

Agriculture mitigation refers to practices used to mitigate greenhouse gas emissions at every level of the agrifood systems, from production to consumption.

Actions to reduce emissions in energy generation and supply.

Terrestrial means "of the earth" and relates to the risks to ecological system that includes all living organisms and their interactions within land-based environments, such as forests, grasslands, and deserts.

Energy derived from biological compounds that are renewable due to their short life cycle within the carbon dioxide cycle.

Electrical energy generated from mechanical devices driven by flowing fresh water.

People with different national or cultural traditions from the dominant population

Social and cultural groups that share collective ancestral ties to the lands and natural resources where they live, occupy or from which they have been displaced

woman and genders outside of the gender binary

Any compulsory, unrequited payment to the government levied on corporations or individuals. This can be for environmental reasons, such as introducing a Carbon tax to set a price that emitters must pay for the greenhouse gases they emit.

Activities of industries that extract natural resources, such as mining, oil, and gas, for commercial use.

The activities of industries involved in the production, distribution, and sale of energy, including electricity, gas, and renewables.

Activities that involve planning, designing and building infrastructure, residential, and commercial structures.

This sector involves the wholesale and retail selling of goods.

This sector involves activities to move goods and people, alongside the storage of products.

Activities that provide lodging, food, and entertainment services to guests, including hotels, restaurants, and resorts.

This sector involves activities that impart knowledge and skills to individuals, including formal schooling, vocational training and educational support.

Activities that involve the cultivation of crops and raising of livestock for food, fibre, and other products essential for human life and industry.

Activities that relate to the production of goods and services from forests.

Activities involving the catching, processing, and selling of fish for food, recreation, and industry.

Slow onset events evolve gradually from incremental changes over many years or from increased frequency or intensity of recurring events. As defined in the Cancun Adaptation Framework (2010), slow onset events include risks and impacts from rising temperatures, desertification, biodiversity loss, land and forest degradation, glacial retreat, ocean acidification, sea level rise, and salinization.

Geohazards are adverse geological phenomenon's that are capable of causing widespread damage or loss to property, life and the environment, such as earthquakes, volcano eruptions and tsunamis. Climate change can increase the frequency and severity of some geohazards, such as landslides, and soil erosion.

Shrestha v. Office of the Prime Minister et al. - Other

Target

Policy instrument

Risk

Impacted group

Renewable energy

Economic sector

Adaptation/resilience

Finance