A new constitution in Nepal provides a historic opportunity to strengthen environmental governance. As a signatory of the Rio Declaration, Nepal is obligated to implement the access rights called for under Principle 10. TAI partner Pro Public is working towards the inclusion of P10 language by communicating the importance of good environmental governance and educating those responsible for writing the constitution on the principles of access rights.

A principle objective of Pro Public is the inclusion of language defining environmental rights as fundamental human rights. This language exceeds the call of the Rio Declaration and will press a more comprehensive designation of the environment. “Even the definition of the environmental should extend up to environmental services as well as environmental income and their sharing among all, with a special focus on the poor, marginalized, women, etc.,” said Ram Charitra Sah, TAI Project Coordinator at Pro Public.

In 2008, Pro Public conducted the first TAI assessment in Nepal. Their conclusions found that while appropriate legal provisions exist in the interim constitution, implementation is weak. Furthermore, government efforts to improve the capacity of its officials have not been satisfactory. Pro Public is therefore using the occasion of a new constitution not only to strengthen environmental language, but also to communicate the meaning and importance of access rights to public officials, particularly Constitutional Assembly Members (CAMs). Their efforts are threefold:

Publish access guidelines in Nepalese and disseminate to CAMs

Conduct a study of global experiences influencing CAMs to strengthen access language

Organize training and capacity building workshops for CAMS, public officials, NGOs, public, etc.

To date, Pro Public has held two capacity building workshops. A total of 45 CAMs from all major political parties have participated in these two day events. Speakers presented the access guidelines and working papers highlighting the necessity of a safe and healthy environment and environmental rights across a number of issues including inclusive participation of marginalized groups, use of natural resources, climate change policies, alternative energy programs, pollution control, land use, environmental services, and environmental incomes. The workshops also addressed state responsibility to respect environmental rights and the need for new institutional structures to monitor environmental issues and effectively enforce of environmental regulations and standards such as bilateral and multinational international agreements to which Nepal is a signatory and party.

The response to these workshops has been positive. According to an article in The Rising Nepal, dated July 18, 2009, CAMs representing all participating political parties have expressed commitment to the inclusion of environmental access rights in the new constitution. Pro Public has also received commitments from CAMs at a personal level and at the level of the political party. The importance of these commitments cannot be understated since up to 85 percent of Nepalese depend on the environment for their livelihood.

Pro Public is confident of the inclusion of P10 language in the constitution. “So far we have not yet experienced any reluctance towards the inclusion of access rights among CAMs,” said Ram Charitra Sah. “We are pretty sure that environment rights are going to be included under the fundamental rights section of the constitution.”

Strengthening access rights at the constitutional level provides necessary legal guarantees, but must be accompanied by increased awareness and capacity among individual and community stakeholders. To this end, Pro Public hopes to follow the new constitution with a campaign to educate citizens of their constitutional rights and how to exercise them effectively.

Pro Public is planning a third and final capacity building workshop for CAMs in near future, most likely the first week of September 2009. The deadline for the new constitution is set for May 2010.