Nepal’s Supreme Court has issued a directive order to the Government to make legal, policy and implementation arrangements in line with the 2015 Paris Agreement on climate change (also referred to as the Paris Climate Accords).
In its decision made dated 27 April on the public interest litigation filed by CEMSOJ, the Supreme Court ruled issued a directive order in the name of the Government to make necessary legal, policy and implementation arrangements in compliance with the commitments of international treaties and conventions, including the Paris Agreement, to conserve the environment, to sell, trade or consume forest products, including carbon, to arrange a fair distribution system of benefits.
As stated in the decision, “Nepal should fulfill its role and responsibility for solving the global problem of climate change. At the same time, it should be able to reap the benefits from the efforts made for the same. For this, conceptual clarity, adequate preparation and effective implementation are expected. A developing country like Nepal can do many things to reduce the impact of climate change due to the destruction of forest resources due to natural or human causes. It is necessary to carry out with priority activities for environmental conservation, protect the interests of affected indigenous nationalities, women, Dalits, etc., make them participate in environmental conservation activities, and distribute benefits equitably.
Although it seems that efforts have been initiated to implement the REDD+ concept in Nepal, it does not appear that the expected effectiveness has been maintained. It seems that there is a need for more clarity at the legal and policy levels itself… Especially, it seems that more work needs to be done in order to maintain the active and meaningful participation of vulnerable groups including indigenous nationalities, women, and to distribute benefits in an equitable manner in the REDD+ process. Even when studying Nepal’s National REDD+ Strategy, 2018 formulated for the implementation of the REDD+ concept, it did not seem to be able to address all the issues. A clear legal basis for the Strategy has not been prepared. Although a REDD+ Implementation Center has been established, it seems that the effectiveness of its operations, activities or activities is yet to be enhanced. Expected results cannot be achieved through the implementation process of completing formalities. It is desirable to formulate a legal system in accordance with the commitments made at the international level, including the Paris Agreement, and effectively advance the implementation process with clarity of policy.”
CEMSOJ had filed a writ petition at the Supreme Court on 18 September 2015 demanding annulment of the REDD+ process being implemented in Nepal for mitigation of impacts of climate change, claiming that the process will negatively impact the national sovereignty over forests and rights of indigenous and forest-dependent communities. It had filed the writ against the Office of the Prime Minister and Council of Ministers, Ministry of Forests and Soil Conservation and the Department of Forest, the Department of Forest Research and Survey, Department of National Parks and Wildlife Conservation, the REDD+ Implementation Center, among other concerned government agencies as defendants.
The Court decision ruled that the issues such as losing control over forests, land and other resources, erosion of sovereignty vested in the Nepali people, violations of the rights of forest-dependent communities due to implementation of REDD+, as stated in the writ petition, are only a matter of suspicion and that the National REDD+ Strategy of Nepal should be amended further but there is no appropriate reason to declare it null and void.
If REDD+ process is to be carried on, the writ petition had called for issuance of necessary order to the Government for implementing the rights of indigenous peoples provided in the ILO Convention 169, the UN Declaration on the Rights of Indigenous Peoples, and other relevant instruments in course of formulating REDD+ related strategies and policies and the implementation processes. However, the Court decision does not state anything in relation to the matter.
Click here to read the full text of the Court decision (in Nepali) that was recently received.
CEMSOJ would like to express its special thanks to Advocate Indira Kumari Shrish, who provided significant coordination and representation for it in the court process as well as its gratitude to all the lawyers present on behalf of the petitioner.