KATHMANDU, Sept 23: The World Commission on Environmental Law of the International Union for the Conservation of Nature (IUCN) has called for the removal of certain provisions from the Act to amend several Nepali laws related to investment facilitation.
In a press release issued on Sunday, the commission urged the amendment of sections 5 A and 6 (1 A) added to the National Parks and Wildlife Conservation Act, 2029, arguing that these provisions could harm Nepal's global reputation and undermine its significant contributions to conservation efforts.
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Dr. Rabi Sharma Aryal, chairman of the commission and a former judge, highlighted that the attempt to designate highly sensitive areas within national parks or conservation areas contradicts international values, standards, and definitions. "National parks and conservation areas are already sensitive zones. Adding another highly sensitive designation within them conflicts with established international principles, and this arrangement should be removed," Dr. Aryal stated.
The commission expressed concerns over Section 5 A, which allows the Government of Nepal to declare an area a national park, reserve, or conservation area by publishing a notice in the Nepal Gazette. The amendment, they noted, gives the government broad discretion in such decisions, which could compromise the balance between environmental protection and development, as enshrined in Article 30 (3) of the Constitution of Nepal.
The IUCN warned that in the name of development, national priority projects, projects approved by the Office of the Investment Board, and projects of national pride could exploit the natural resources of protected areas indiscriminately, leading to environmental imbalances.
The commission also criticized Section 6 (1 A), which allows for human intervention in the exploitation of resources within protected areas through investment. They urged the government to amend and remove these sections, emphasizing that they weaken the legal framework designed to safeguard forests, the environment, and protected areas.
The IUCN further cautioned that amending or adding laws contrary to the principles of protected areas could damage Nepal's hard-earned international reputation in conservation.
