Not out of the woods yet in Nepal

In July, less than a month after it was first introduced in parliament, Nepal President Ramchandra Paudel authenticated a Bill to amend some laws to spur investment. Among the bill’s provisions is the amendment of the 1973 National Parks and Wildlife Conservation Act. 

Section 5A of the Act, which has provisions related to prohibited activities within national parks and reserves, now includes an added clause: ‘The Government of Nepal may designate highly-sensitive areas within protected areas including National Parks, Reserves or Conservation Areas through a notice in the Nepal Gazette if it deems it necessary.’

This could mean that the government is now trying to disingenuously classify areas within protected wildlife habitats also as ‘non-sensitive’ to allow private sector investment in resorts, cable cars and other infrastructure.

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The 1973 Act lays out definitions of National Park, Strict Nature Reserve, Wildlife Reserve, and Hunting Reserve, and stipulates that those areas are set aside for conservation and management of the natural environment in areas of ecological importance. By designating some parts of these reserves as ‘sensitive’, activists say, the government is trying to defuse criticism of investment by the private sector.  

The 1973 Act has been critical in Nepal’s conservation success story, ensuring that nearly a quarter of the country’s area is protected, the tripling of Nepal’s tiger population and protection of its habitat, and the doubling of forest cover to 46% in the past 25 years.  

“Conservation areas are created for biodiversity-sensitive regions, and as such, only a minimal part of such areas can be categorised as not being highly sensitive,” says Rajesh Rai, professor at Tribhuvan University's Institute of Forestry.

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The amendment also states: ‘Apart from the areas specified under section 5A, the Government of Nepal can approve specified projects of national priority, projects approved by the Investment Board or national pride projects in any intermediate zone within national parks, wildlife reserves, conservation areas while maintaining the co-existence of nature and human beings.’

This conservationists say, would mean disturbance of protected wilderness areas, and open them up to construction and disturbance by all three levels of government which are not known for transparency and rule of law. In fact, there is such an unhealthy alliance between politicians and their business cronies that it is becoming difficult to tell them apart.

Projects under consideration that directly impact protected areas include the Kori cable car proposal in Sikles of Kaski, the 80km Pokhara-Jomsom gondola cable car, new resorts inside Rara, Chitwan and Bardia National Parks. 

Constitutional experts assert that the Act goes against Nepal’s Constitution, the 1992 United Nations Convention on Biological Diversity, the 1972 World Heritage Convention and the 1971 Convention on Wetlands.

“This Act will destroy wildlife habitats, undermining gains in Nepal’s biodiversity protection,” adds Rai, explaining that ensuing habitat fragmentation will lead to wildlife relocating beyond protected areas, thereby increasing human-wildlife conflict.

Even though laws and governance related to conservation areas and wildlife protection fall under the jurisdiction of the Ministry of Forests and Environment, it is significant that the bill was tabled by the Ministry of Industry, Commerce and Supplies. 

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And while it typically takes years for Parliament to pass any law, this bill was passed by both the lower and upper Houses within 26 days, and verified by the President’s office on the same day that it was passed by the National Assembly. All this has given credence to critics who smell a rat.

This is not the first time that corporate groups have eyed development inside nature conservation areas, and have lobbied repeatedly for ordinances, procedures and regulations. This amendment comes at a time when major corruption scandals and have rocked the highest echelons of government. In fact, the coalition reshuffle in June after which the NC-UML government came to power has been attributed to the two parties protecting their top leaders from investigations by the previous RSP home minister into scandals.  

But even the previous coalition led by Maoist chair Pushpa Kamal Dahal amended the National Parks Act in April by issuing the Ordinance Amending Some Nepal Acts Related to Investment Facilitation 2024. Before that, the government published the Construction of Physical Infrastructure Inside Protected Areas in January, which allows hydropower and other infrastructure within protected areas.

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In 2018, businesses bypassed laws to prepare for infrastructure construction including ropeways, hotels, resorts and campsites in conservation areas and buffer zones after the Ministry of Forests published a draft outlining procedures to operate and regulate tourist services within protected areas.

Conservationists and analysts have called for the immediate repeal of this Act that puts commercial interests over the protection of Nepal’s wildlife and biodiversity. They say the law is unjust and hypocritical because it punishes villagers for foraging fodder inside protected areas, while giving politically-connected businesses the freedom to build whatever they want inside wilderness areas. 

“Businesses must not be allowed to operate anywhere in our protected areas, not just biodiversity-sensitive regions,” says Rai. “In the event that such commercial activities are allowed, priority must be given to the indigenous communities and locals who have been historically displaced in the process of creating these conservation areas.”