Chapter 3

3.1 Development-induced Destruction: A Consequence of Neglect Environmental Impact Evaluation

nvironment Protection Act, the dam was filled with water. Thousands E1997 makes Environment Im- of villages were inundated and flooded. pact Evaluation (EIA) compulsory for any Physical and biological destruction caused development activity related to the envi- a biological crisis. Three Gorges Dam has ronment. EIA, environmental rules and cause as a serious problem for the Chi- laws are not against development; they nese government, just like Tibet and Tai- are for the promotion of environmentally wan. The dam was constructed without sustainable development. Here, one may considering the environmental impact ask: What is an EIA? An EIA is a process and neglecting the recommendations of of scientifically addressing the environ- environmental experts. This example is ment in the course of physical develop- representative of the recent physical de- ment. An EIA defines the systems, from velopment taking place in . Nepal biological to ecological, in the course of de- will have to pay a heavy price in terms of velopment that protects the sustainable the environment in the future if this issue development and ownership of offspring. is not timely addressed. This focuses on sustainable and environ- Ministry of Forest and Environ- ment-friendly development. ment and Environment Protection Coun- There are enough laws and rules cil was established in Nepal in 2048 BS regarding EIA in Nepal. Development ac- and 2049 respectively. The Government tivities carried out by the developed coun- of Nepal issued the National Environ- tries have shown the destruction caused mental Impact Assessment Guideline in by such activities when these laws are not 1993 and the Environment Protection Act implemented effectively. Three Gorges and the Environment Protection Rules in Dam of China is a classic example of the 1997. consequences a country has to face when Article 30 of the Constitution of development activities are undertaken Nepal, 2015 guarantees the right to live without carrying out an EIA. Considered in a clean and healthy environment. Sub- as the world’s largest hydropower station article 2 of the same Article ensures the in terms of the installed capacity, the dam right to obtain compensation, in accor- was envisioned in 1919. Mao Zedong even dance with the law, for any injury caused wrote a poem about the dam in 1956. by environmental pollution or degrada- Construction of the dam began in tion. Further, Article 37, under the Fun- 1994. Its completion in 2006 was taken as damental Rights section, guarantees the a huge achievement and celebrated with citizen’s right to housing. Article 37 (1) much fanfare. However, more than 1.3 provides for the citizen’s rights to ad- million people were displaced even before equate housing while Article 37 (2) pro-

Nepal Human Rights Year Book 2020 71 hibits eviction of citizens from their resi- slide. Among these, Tamlichha, Dumre, dence except in accordance with the law. Baraha, Pokhari, Iname, Siddhipur, Aap- tar and settlements around these areas Background are more at risk. At the national ranking Udaypur district falls under Prov- of risks, Udaypur stands at 42nd place in ince 1. Covering the Inner Madhes area terms of the landslide, 16th in terms of from the Mahabharat Hill flood and 36th in terms of overall disas- Range in the north to the Chure ter. The district is surrounded mainly Range in the south, sep- by Bhojpur and Khotang and some parts arates this district from Okhaldhunga, of Okhaldhunga from the north, mostly Khotang, Bhojpur, and Dhankuta dis- Sindhuli from the west, Siraha and Sap- trict in the north and the east. The Chure tari from the south and mostly Sindhuli Range separates Udaypur from Siraha and some parts of Dhankuta from the and . Divided into hills east. These nine districts form borders and Inner Madhes region, the district of Udaypur district, which is the second has a rugged topography. The district is highest in terms of maximum districts covered by hills with a steep slope and surrounding a district in Nepal. Current- has settlements with a low population. ly, there are four (Triyuga, Plainland lies between the foothills of Chaudandigadi, Belaka, and Katari) and the Mahabharat Range and the Churiya for rural municipalities (Rautamai, Uday- Range whereas dense forests cover the purgadhi, Tapli, and Limchungbung) in southern boundary. The district covers an this district.1 area of 2063 square kilometers. In terms of topography, the district consists of high Potential Land-erosion Area hills, low valleys, small valleys (plateau), Since almost 60 percent of the area and Tarai plainland. The district comes of the district is covered by hills, there are at the 20th place in terms of area in the mostly steep slopes. Much of the area of whole of Nepal and is the fourth largest the district is landslide prone as the land- district in the Province 1. conservation and structure are complex Tarai and Chure region cover six and weak. Moreover, the haphazard road percent of the district with elevations construction carried out in the name of up to 360 meter, Inner Tarai 52 percent development without conducting an EIA and Mid-hill 42 percent with Chittretham is making the situation worse every year. peak as the highest point at an altitude of As much of the area is hilly, the loose soil 2310 meter. More than 60 percent of the from the top surface flows towards the high and middle hills, which have a com- lower areas. This has caused flooding, plex and weak physical structure, consists washing away of land by the river, and of at least 30 steep slopes. These slops are rapid increase of the riverbed. prone to landslides. Earthquakes of 1934, According to statistics, riverbeds in 1988 and 2015 left cracks in these slopes. the Tarai region of Nepal increase by 15 They are at risk of collapse at any time cm on an average every year. However, it due to the pressure created by water that is estimated that the riverbeds are rising seeped inside these cracks and road con- by 1 m in Udaypur. If the riverbeds con- struction. People living at the settlements tinue to rise by this level, in a few years below areas are also at high risk because the rivers will make their way to areas of this. of human settlement, farming land and Steep slopes of the hilly areas of mounds may be seen in areas where the the district are prone to flood and land- river flowed before. Land productivity of

1. The article “Udaypur District and Natural Disasters” written by Chief District Officer Dhruba Bahadur Khadka and published in the “Milan Smarika: 2019” by Karmachari Milan Kendra 72 Development-induced Destruction: A Consequence of Neglect of Environmental Impact Evaluation the district has been decreasing because 2. Seek vigilance and legal measures to of the gorges formed in many places by be adopted while expanding the road the flow of the topsoil from the hills and network the landslides. This is adversely affect- 3. Bring out the implementation status ing the livelihood of the local people. The of the provision to compulsorily con- lower belt of the Chure region suffers the duct EIA in development activities most from landslide and burying of lower 4. Explore the implementation status of areas by the accumulation of soil deposit. existing laws regarding environment Every year, many tons of sand soil flow protection downhill from the Chure hills and bury 5. Support the government to be ac- nearby lower areas. Similar problems countable for the situation of families have been created by the soil flowing from displaced by road and help to find so- the Mahabharat hills.2 lutions 6. Inform about the government’s invest- Road Condition in the District3 ment in roads and their use The total length of road: 1689 km 7. Discourage the irresponsible activities 1. Belaka has road length taking place in the name of develop- of 257 km, of which 20 km is black- ment topped, 147 is earthen and 90 km is graveled. Significance of the Study 2. Chaudandigadhi Municipality has Nepal’s laws make it mandatory 220 km road, of which 42 km is black- to conduct an EIA before carrying out topped, 102 km graveled and 76 km is development activities. Additionally, the earthen. Council of Ministers prohibited using ma- 3. has 370 km chines in the construction of small roads, road, of which 45 km is black-topped, except in the Projects of National Pride, 77 km graveled and 248 km is earthen. and decided to handover the construction 4. has 281 km road, of these roads to local people. The govern- of which 50 km is black-topped, 58 km ment seems to have taken this decision graveled and 173 km is earthen. to minimize the damage caused by the 5. Udaypurgadhi Rural Municipality has shaking of the ground when operating the 312 km road, of which 22 km is black- heavy machinery in the hilly areas the topped, 192 km graveled and 120 km subsequent soil erosion and also to cre- is earthen. ate employment opportunities. It is also 6. Tapli Rural Municipality has 69 km incumbent upon the government to imple- road, of which 2 km is graveled and 67 ment this decision. km is earthen. The haphazard use of bulldozer in 7. Rautamai Rural Municipality has 416 road construction has put village/settle- km road, of which 9 km is graveled ment at high risk of landslide. Some have and 407 km is earthen. already been displaced. Despite such a 8. Limchungbung Rural Municipality situation, the government agencies have has 68 km road, of which 20 km is not been accountable. Failure to find a so- graveled and 48 km is earthen. lution to this problem is reflective of the government’s irresponsibility. This study Objective of the Study attempts to make the concerned agencies 1. Publicize the condition of the road net- accountable to conduct EIA on a manda- work of the district tory basis in the future. 2. Profile of Local Levels: 2017 published by District Office of Central Bureau of Statistics, Udaypur 3. Profile of Local Levels: 2017 published by District Office of Central Bureau of Statistics, Udaypur,

and dialogue with the planning section of all concerned local levels

Nepal Human Rights Year Book 2020 73 Methodology of the Study that is just enough for irrigation. Push- 1. On-site Visitation, Observation, and praj Khadka of Khanbu, Triyuga Munici- Monitoring pality-15 says he fears that a heavy rain- 2. Interview (Families displaced by fall might sweep away his house. After his landslides, local representatives of house was hit by a landslide caused by the concerned local level, and concerned Gaighat-Diktel Road Project, he sends his agency) children to his relatives even if there is 3. Resource Materials (Development of a slight rainfall. All 24 households in the EIA Process in Nepal, news, articles, area face the same problem. op-eds, photographs related to land- Due to competition in development slide, and laws and commitments activities, roads of rural areas in Udaypur made by the State) have reached such a situation that they 4. Observation/Collection by the con- cannot be used anymore. The local people cerned agency are the ones bearing the brunt. The ten- 5. Study of secondary resources dency of the representatives of the local governments to work for the immediate Limitations of the Study results without considering the long- 1. This study focuses on the use of bull- term effects have rendered these roads dozers during the development activi- useless. Moreover, road construction by ties in Udaypur and the situation led haphazardly using bulldozers under the by it. influence of financial gains, nepotism, and 2. The study seeks solutions to the mis- favoritism has severely affected the envi- use taking place in the name of a road ronment. Furthermore, road construc- network. tions displacing people in the hilly areas 3. It is related to the damage caused by in on the rise. If this problem is not identi- the expansion of road networks to peo- fied and addressed timely, it will destroy ple’s land and house. houses, lands and displace people; there 4. An effort has been taken to analyze is also a possibility of human lives being the implementation status of laws, lost. policies, and programs made by the Lives of people have been devastat- government. ed after their house was hit by landslide 5. Information was received from both brought by the roads constructed both primary and secondary sources for the below and above their house. The locals study. seek safe refuge fearing rain when they 6. Statements of concerned agency and see gloomy skies and dark clouds. When stakeholders have been included to there is rainfall, they run to their neigh- further clarify the condition of roads. bors and relatives to save their lives while some are compelled to stay at their house Introduction to the Problem risking their lives. Locals of Khanbu of Triyuga Mu- Severe effects of haphazard road nicipality, Siddhipur of Chaudandiga- construction using bulldozer are being dhi Municipality, Mainamaini of Belaka, seen. The local levels have been using Lipatar, Mayankhu, Sirese of Katari al- heavy machinery everywhere in the name ways worry about the disaster brought of development activities. Though road by heavy rains. The situation of locals of construction should pass through various , Dilbir of Rautamai Rural Munici- levels and sectors according to provisions, pality, Dumre, Berrai, of Udapurgadhi, the locals are suffering as the projects are Okhne, Thanagau of Tapli and Baraha, accessible only to civil employees, power- Balmata of Limchunbung is no different. ful and local representatives. The roads That is why they wish for light rainfall constructed without any prior study and

74 Development-induced Destruction: A Consequence of Neglect of Environmental Impact Evaluation plans are slowly heading towards destruc- when the lake formed by the blockage of tion. Many have lost their lives because of Chaudiya River of Murkuchi was drained. these dangerous roads. The road above the river had caved in and The government has made provi- blocked the river. Floods/landslides had sions requiring feasibility study, EIA, fol- completely damaged 428 houses in the lowed by the Detail Project Report (DPR) district while 541 houses suffered minor to be conducted during road construction. damage. 345 houses are still at risk. Like- However, the local level representatives wise, data shows that there was a loss of have neglected these provisions and hap- 3172 cattle, 21 fishponds, and crops be- hazardly bulldozed the hills. As a result, longing to 546 households. roads of all eight local levels in Udaypur Floods/landslides have caused have been rendered useless while the set- major damages to the public physical in- tlements nearby the roads are also at risk frastructures in the district. 41 schools of landslides. Many have been displaced. were completely damaged while 16 are The number of people getting displaced at risk. Similarly, 121 road and culverts, and losing lives due to floods and land- five bridges and suspension bridges, 41 slides is also increasing. drinking water sources, four health posts, Siddhipur, Chaudandigadhi of five community buildings, two ward office Chaudandigadhi Municipality, Maina- buildings, one police beat, 37 irrigation maini, Katunje Babala of Belaka, Jalpa canals, five peltric sets and hydropower, Chilaune, , Khanbu of Triyuga, and dams in 48 places also suffered damages. Limputar, Hardeni, Mayankhu, Sirese, Likewise, the washing away of land by Lekhani of Katari are at risk of landslide flood occurred in 32 places whereas two due to the road built without conduct- places were inundated. One telephone ing an EIA. Similarly, Aaptar, Pokhari, tower and nine other towers also suffered of Rautamai Rural Municipality, damages.4 Dumre, Barre, Tabashree of Udaypur- gadhi, Okhle, Thanagaun, Iname of Ta- Road Damage at Local Level pli, and Balamta, Tamlichha, Banshbote, The Four Rural Municipalities Jate of Limchungbung are also highly have suffered the most road damage. prone to landslides. It has been estimated that 110 million rupees is required to make the 27 rural Number of Displaced People roads operational. 522 km of various ru- The development activities con- ral roads, except the three main highways ducted without an EIA have displaced (Madan Bhandari, Siddhicharan and many people in Udaypur district. 411 Sagarmatha), can only be used after re- households were displaced by the flood/ pair since they were constructed without landslide induced by the incessant rain- conducting an EIA. The repair cost is esti- fall of July 9, 2019 in the district. Property mated to come around 106 million rupees. worth millions of rupees were lost. Three The estimation of the repair cost of people died while 13 people were injured. the damaged roads was taken following a Rana Maya Magar, 55, of Rautamai Ru- joint monitoring of the District Disaster ral Municipality died while she was sleep- Management Committee, representative ing when a landslide buried her house and chief of the concerned Municipal- on July 15, 2019. Data of District Ad- ity, media persons, and a technical team. ministration Office, Udaypur shows that Among those damaged roads, six roads Aryan Sunuwar, 14, of Rautamai-7 died with a stretch of 172 km connecting Tapli

4. Profile of Local Levels: 2017 published by District Office of Central Bureau of Statistics, Udaypur, and dialogue with the planning section of all concerned local levels

Nepal Human Rights Year Book 2020 75 Rural Municipality to other areas require for these landslides is road construction 51.5 million rupees. Six roads with a total without carrying out an EIA. A large length of 125 km connecting Limchung- amount is expected to cost for the repair bung Rural Municipality to other areas since foundations need to be made from require 40.5 million rupees for repair. the base at these places. Similarly, the repair work of eight Among the municipalities, nine roads with a distance of 133 km in Rau- roads in Belaka, seven in Katari, 54 in tamai Rural Municipality is expected to Triyuga, and nine in Chaudandigadhi re- cost 8.5 million rupees. Among the Rural quire repair. The estimated cost for the Municipalities, Udaypurgadhi requires repair of these roads is 35.5 million ru- the least repair cost of 2 million rupees to pees.5 make eight roads with a distance of 92 km operational again. Damage Caused by Flood/Landslide 70 km stretch of the Gaighat- Two people were killed and four Murkuchi-Khamare-Kolbote-Puwareb- injured by the flood/landslide of July 15, hanjuang-Majhkharka-Baraha section 2019. The incessant rainfall from July 9, of Limchungbung and Rautamai Rural 2019 to August 19, 2019 caused complete Municipality that connects to the district damage to 113 houses, partial damage to headquarters is in the worst condition. 40 houses while 92 houses are at risk, ac- 30.5 million rupees is estimated to re- cording to the data prepared by the Dis- pair this section. Preliminary estimation trict Disaster Management Committee. showed that 20 million rupees is required The same statistics showed that cattle to repair the 40 km stretch of Beteni-Ru- belonging to 62 households died. patar road section that connects to Rupa- Similarly, 71 houses suffered com- tar of Rapli Rural Municipality. Likewise, plete damage in Katari Municipality, 168 the repair of Beteni-Sorung-Rupatar (40 houses suffered partial damage, 53 house- km) section and Nunthali-Okhle (30 km) holds were partially displaced, cattle be- section of the same municipality is ex- longing to 42 households died, fishponds pected to cost 5 million and 10 million re- of three households suffered damage, and spectively. crops of 285 households suffered a loss. Likewise, the repair of Majhkhar- The statistics also show that four houses ka-Jaate (19 km) that connects to Limc- suffered complete damage in Tapli Rural hungbung Rural Municipality is expected Municipality, three houses were partially to cost three million rupees, Balamta- damaged, 104 houses were at risk, cattle Saborte (17 km) three million rupees, of 24 households died, and crops of 79 Puware-Dilwir-Majhkharka (30 km) five households suffered damage. million rupees, Bhuitar-Lafagaun (16 km) One person died while four people two million rupees, Puware-Khyatung- were injured by flood/landslide in Belaka Ghotlighari one and a half million rupees Municipality. 32 houses suffered com- and the repair cost of Nepaltar-Swarge plete damage, 114 houses were partially (10 km) that connects to Udaypurgadhi is damaged, 386 households were partially estimated to come around 500,000 rupees displaced, 2241 cattle died, 16 fishponds while the repair of Katar-Jaruwa (15 km) were damaged, and crops of 112 house- is estimated 300,000 rupees. There are holds were also damaged, according to landslides in at least 100 places along the government statistics. Beteni-Nunthala-Rupatar road section of Seven houses were completely the Tapli Municipality. The main reason damaged in Limchungbung Rural Mu-

5. The Record of the District Administration Office, Udaypur prepared on the statistics provided by the District Disaster Management Committee, 2019

76 Development-induced Destruction: A Consequence of Neglect of Environmental Impact Evaluation nicipality, 38 houses were partially dam- ing danger, the students are compelled aged, and 58 houses were at risk. One to study in the school for lack of another person was injured in Chaudandigadhi building. Municipality while nine houses suffered Similarly, Pashupati Secondary completed damage, 31 houses were par- School of Dandagaun in Rautamai-5 suf- tially damaged, and 803 cattle died. Like- fers the same situation. The road con- wise, one person was injured in Triyuga structed below the school has caused Municipality. The flood/landslide caused landslide damaging a building.7 completed damage to 78 houses, 98 hous- es were partially damaged, 21 households Flood/Landslide Causes Limchung- were partially displaced, 90 houses were bung to be Declared Food Crisis Zone in danger, two fishponds were damaged, The incessant rainfall in the sec- and 70 cattle died. Udaypurgadhi also ond week of July, 2019 inflicted huge suffered damages. Three persons were losses. Already suffering from the damage injured while 115 houses were completed caused by flood/landslide, the Limchun- damaged and 81 households were partial- bung Rural Municipality was declared a ly displaced, according to statistics.6 food crisis zone. A meeting of the rural municipality, on2076 Asar 31, made the Damage to Public Property announcement stating that the area was The severe effects of climate severely hit by natural disasters. Major change are being seen. There is incessant Kumar Rai, Chairperson of the rural mu- rainfall for a week during the rainy season nicipality, said that the decision to declare while the rest of the period the weather is a food crisis zone came as the normal life dry. This patter is on the rise. Haphazard in the area was affected by the damaging road construction without and EIA, stone of the roads and the food shortage. quarrying, deforestation, along with nat- Two roads connecting the rural munici- ural disasters have increased landslides pality to the bazaar were severely dam- in the hilly areas. Roads constructed by aged, causing a food crisis in the area. digging hills in the name of development There were landslides in four dozen plac- has added more risks. es along the Gaighat-Mukurchi-Limchun- Not only the villages/settlements gbung-Halesi road section that connects in the slopes, but also drinking water Limchungbung to Gaighat bazaar and projects, health posts, schools, and other the Katari-Beteni-Tapli-Limchungbung physical structures that have been con- road section that connects Katari bazaar structed with proper plans are at high to Limchungbung was also damaged by risks of a landslide. The road construct- many landslides. There was a disruption ed by Gaighat-Diktel Road Project has in the transportation of food supplies due caused damage to two buildings of Sang- to the severe condition of the roads. The kali Basic School Ratmate in Triyuga Mu- roads constructed without carrying out nicipality-15. The road construct by the an EIA were washed away by the rainfall project below the school building has ren- and hit by landslides. dered two buildings and a toiled prepared at the cost of 2.35 million rupees useless. Community Forest also a Factor The walls of the school building have The over-exploitation of resources started caving in. despite the impend- of the community forest is also a reason

6. Record of the damage caused by the incessant rainfall from July 9, 2019 to August 19, 2019, District Administration Office, Udaypur 7. Record of the damage caused by the incessant rainfall from July 9, 2019 to August 19, 2019, District Administration Office, Udaypur

Nepal Human Rights Year Book 2020 77 for flood/landslide. The forest area has ments inside the forest area.8 been decreasing day-by-day due to the mo- A local Yadav Raut said that they tives of the community forest user groups had planted trees in the same area just a to extract the natural resources rather few years before according to the yearly than protecting the forest. The concept workplan of the community forest users of community forest users group is good group in a bid to stop landslides in the in itself. The government has been imple- area. The locals have accused the users’ menting the concept of community forest committee of collaborating with the en- users group saying that handing over the croachers after their complaints remained responsibility of protecting the forest to unheard. locals is more effective. However, the ac- There is another example of how tivities of members of the users’ group are forest encroachment takes place under leading to the loss of Nepal’s forests. For political protection. More than 10, 000 example, Kung River Community Forest hectares of forest in Udaypur have been Users Group and Motiyahi Community encroached. Out of 120,705 hectares of Forest Users Group of Triyuga Munici- forest in the district, 10,279 hectares is pality-2 have provided 156.1 hectares of encroached. According to the District For- forest area for the construction of Sagar- est Office, Udaypur, migrants, landless matha Airport. The District Forest Office squatters, victims of natural disasters estimated the felling of 35,541 small and have encroached the forest land taking large trees for the construction of the air- advantage of the unstable political situa- port. The Department of Forest has asked tion. Construction of physical infrastruc- for a detail record and study on July 30, ture like drinking water, schools, temples, 2019 following the preliminary report of the road inside the forest area has also the District Forest Office. impacted the forest.9 It is mandatory to conduct an EIA if a forest lies in the Project of National Consiquences of Unplaned Development Pride. The Forest Office blocks the project Nain Bahadur Rikham Magar of if it finds it inappropriate. However, there Rautamai Rural Municipality-8 left for have been no checks or whatsoever even Koilakhat, . His two sons headed for when there is a road being constructed . Family of Rikham were dis- to collect timber from the forest and trac- placed after his wife Rana Maya Rikham tors are entering inside the forest. Over- Magar, 55, was buried inside his house in exploitation of natural resources is taking a landslide. A neighbor Lalit Magar said place by constructing a road without con- that Nain Bahadur had no other choice ducting an EIA, geographical tests, and after the landslide buried his house. Lalit engineering survey. added that the landslide that occurred Officials of users’ groups have mis- during the rainy season was triggered by used their power in some places. A dis- the road constructed with an excavator pute took place among the users’ group above his house. Already 20-22 house- after Chet Bahadur Karki, Chairperson holds of Nigale ward no. 5 were displaced of the Gaindeshwor Community Forest by landslides earlier. User Group of Bhalayadanda-1 construct- Hit Bahadur Katuwal said that his ed houses and huts encroaching the area house was in danger of landslide since a of the community forest. Forest users ac- driver, acting as if he was an engineer, cused Karki of taking money from 11 per- used an excavator above his house to con- sons and allowing them to make settle-

8. Naya Patrika Daily, July 13, 2012 9. March 19, 2018, Annaupurna Post Daily

78 Development-induced Destruction: A Consequence of Neglect of Environmental Impact Evaluation struct a road. “How can I live there when Chairperson of Rautamai Rural Munici- the mudslide coming from the upper road pality said that the bulldozer makes work is burying my house while the road down- quicker and should be utilized in a proper wards is also pulling it down,” Katuwal place and that the highhandedness of the said, “They brought the bulldozer to ex- contractors should be stopped. pand the mule track to a wide road, that caused a landslide and displaced me.” The Stakeholder’s Statements road constructed in the discretion of the Baldev Chaudhary, Mayor of Tri- bulldozer driver, without any technician’s yuga Municipality said that they carry advice, has jeopardized the village situ- out development works without conduct- ated above the road. ing an EIA as it is a costly process. Mayor Bhupadhwoj Magar of Triyuga Gyanendra Shrestha of Katari Munici- Municipality-15 said that the local rep- pality expressed commitment to ban the resentatives have conceived the idea that use of bulldozers. He added that he would development means construction of roads stop the trend of constructing roads at and dozer drivers are the engineers who the end of the fiscal year and prohibit can open road tracks anywhere. “The haphazard use of dozers. Chairperson road construction gets approved even af- of Rautamai Rural Municipality Gendra ter opening tracks if the engineers are Bahadur Khadka said that the cost for an bribed.” EIA would be enough to carry out large Constructed against the wish of the development work. He stressed that the locals and in an unscientific manner, the locals wanted development and carrying roads built by dozer drivers, consumers out an EIA would reduce the budget for committee, and contractors in Udaypur the locals. have turned into landslides. “The road “The budget of a rural municipal- construction takes place in the agreement ity is already nominal, so carrying out between the consumer’s committee, con- an EIA with that amount means that no tractors, and local representatives since development work will take place,” Ud- the local’s attempt to block the construc- dhav Singh Thapa, Chairperson of the tion failed. They used bulldozer without Tapli Rural Municipality said. Chairper- conducting any technical studies amidst son Man Bahadur Magar of Udaypurga- the dispute whether to construct the road dhi Rural Municipality said that the EIA or not, which has ultimately resulted in process is only possible if the government burying of the village by landslides.” The provides a separate budget on the topic. Principal of the Sangkali School Bishnu Mayor Khagendra Rai of Chaudandigadhi KC said that the preference for road con- Municipality said that there was no bud- struction by all rural municipalities of the get for road construction. He said that the district, coupled with the use of bulldozer EIA was not needed since the budget ran in road construction, has caused land- out on repairing and upgrading old roads. slides in the village. Chief of the District Coordina- The roads build by using dozer tion Committee Khadga Bahadur Pari- are not scientific. The risk has increased yar promised that new projects would be since the municipalities and locals con- brought making EIA mandatory. He said struct roads without taking the help of a that this policy would be made since local technical person. There is comparatively people faced many problems because of more risk in Hills than Tarai as there is the effects of development works carried a tendency to buy a dozer if some amount out without an EIA. Chief District Offi- is collected, haphazardly opening tracks, cer Dhruba Bahadur Khadka said that it and ignore the directions of the local gov- is the duty of all levels of government to ernment. Gajendra Bahadur Khadka, implement the provision brought by the

Nepal Human Rights Year Book 2020 79 government as a State policy. Maheswori tion 6 or any act contrary to the approved Rai, Central Member of the NGO Federa- proposal, the prescribed authority may tion said that destruction in the name of stop such act immediately.” Section 18 development could not be accepted. She (2) prohibits any person or organization emphasized the implementation of the being stopped from implementing their standards while carrying out develop- proposal pursuant to Section 18 (1) from ment works. receiving any kind of compensation. Like- wise, Section 18 (3(1)) provides for the re- What is an EIA? lease of such restriction if the proposal is Environmental Protection Act, submitted again following the steps laid 1997 defines “Environmental Impact As- out in Section 6. sessment” as a report on detailed study and evaluation to be prepared to ascertain Development of the EIA Process in as to whether, in implementing a propos- Nepal al, the proposal does have significant ad- Physical development with finan- verse impacts on the environment or not, cial growth and environmental degrada- whether such impacts could be avoided or tion are issues that directly affect each mitigated by any means or not. Section 4 other. Though activities of social, econom- of the Act prohibits implementation of the ic development brought financial growth proposal without approval while Section and an increase in the quality of human 5 requires submission of proposals, ac- life, over-exploitation of natural resourc- companied by the EIA of such proposal, es and a rise in pollution made human to the concerned agency for approval. Sec- lives difficult. This made them feel the tion 6 of the Act states, “On receipt of any significance and necessity of environmen- proposal pursuant to Section 5, and while tal management. As a result, the United examining the Initial Environmental States of America enacted the National Examination or Environmental Impact Environmental Policy Act in 1970 and Assessment report submitted with a pro- made it mandatory to carry out Environ- posal, if such a proposal does not appear mental Assessment before implementing to have significant adverse impacts on the development projects. Affirming that the environment, the concerned agency shall use of this tool helped to keep a balance itself grant approval in respect of the between development and environment, proposal with the Initial Environmental countries with high incomes included this Examination, and shall forward the pro- tool in their national policies and laws in posal along with its opinion thereon to the the 1970s and 1980s and used it widely. Ministry, in respect of the Environmental Decisions made by various conven- Impact Assessment report.” The Minis- tions, meetings and workshops at interna- try may grant approval to implement the tional and regional level this decade and proposal if the experts of the committee agreements like Global Protection Strat- formed by the Ministry suggest that the egy, Rio Declaration on Environment and proposal appears not to cause significant Development, Agenda 21 – Global Pro- adverse impacts on the environment. gram of Action on Sustainable Develop- ment, Johannesburg Plan of Implementa- Power to Stop Implementation of tion have also prioritized environmental Proposal protection and called upon countries to Section 18 (1) of the Environmen- widely use this tool through laws and poli- tal Protection Act, 1997 states, “In case cies. Likewise, the World Bank and Asian any person carries out any act without Development Bank have been using this getting a proposal approved under Sec- tool in development activities.

80 Development-induced Destruction: A Consequence of Neglect of Environmental Impact Evaluation The trend of using EIA in develop- ment of Nepal enacted the Environment ment activities began in the 1980s in Ne- Protection Act, 1997 and Environment pal. Measures were adopted to reduce the Protection Rules, 1997 with the objec- adverse effects of development projects tive of maintaining a clean environment supported by donor agencies by assess- by reducing the adverse effects of envi- ing whether such projects may cause sig- ronmental degradation on humankind, nificant adverse impacts on the physical, animals, plants, nature and physical ob- biological, socio-economic and cultural jects. The government also aimed to pro- environment. The Environmental Effect tect the environment thought proper use Study Project conducted by the Depart- and management of natural resources. ment of Soil Conservation and Watershed According to the Act and Rules, Initial Management of the Ministry of Forest Environmental Examination or Environ- and Soil Conservation from 1981 to 1989 mental Impact Assessment (IEE) needs to played a leading role in using this tool in be carried out on the basis of the nature, Nepal. capacity, and investment of the proposals This project helped to raise public (projects). awareness on the necessity, importance, Schedule 1 and Schedule 2 of the and usefulness of environmental manage- Rules present the list of proposals that ment and EIA. It also helped to internal- require IEE and EIA respectively. Sec- ize and institutionalize the EIA process in tion 4 of the Act provides that proposals the Infrastructure Development Projects. requiring IEE and EIA should not imple- Following the establishment of the Min- ment/cause to be implemented without istry of Forest and Environment in 1991 getting the proposals approved. Section and the Environment Protection Council 5 states, “A proponent who is desirous in 2049 BS, the Ministry of Forest and of implementing any proposal shall have Soil Conservation was active in develop- to submit such a proposal, accompanied ing and implementing mechanisms that by the report on Initial Environmental oversaw the environmental aspect before Examination or Environmental Impact the implementation of any infrastructure Assessment of the proposal, to the con- development programs conducted in the cerned agency for the approval of such a forest area or passing through the forest proposal.” area. According to Section 6, “On receipt The EIA study reports have not of any proposal pursuant to Section 5, and been able to reach the implementation while examining the Initial Environmen- phase after getting approval in a timely tal Examination or Environmental Im- manner. Not only does this increase the pact Assessment report submitted with a cost for implementation of the proposal, proposal, if such a proposal does not ap- but it also adds managerial complexity, pear to have significant adverse impacts delaying the development activity. Con- on the environment, the concerned agen- sidering the need for an EIA guideline to cy shall itself grant approval in respect of support the proponent, the reviewer and the proposal with the Initial Environmen- the decision-maker in integrating the en- tal Examination, and shall forward the vironmental aspect, the Government of proposal along with its opinion thereon to Nepal prepared and implemented the Na- the Ministry of Population and Environ- tional Environmental Impact Assessment ment, in respect of the Environmental Guideline from 1993. Impact Assessment report. If it does not Sustainable development is possi- appear that such a proposal may have sig- ble through the interdependent relation- nificant adverse impacts on the environ- ship between economic development and ment, the Ministry shall grant approval environmental protection. The Govern- to the proponent to implement such a pro-

Nepal Human Rights Year Book 2020 81 posal. Moreover, the Rules has set a time makes the lives of normal people diffi- period to approve these proposals. cult and pushes the development further Despite the enactment of envi- back. Only the development carried out ronmental laws in Nepal in 1997, there by protecting the environment is sustain- were hardly any environmental policies. able and permanent. Thus, it is necessary Though the EIA reports of some projects to make the laws practical by amending have been approved, most are working them regularly and make the environ- haphazardly. There is no integrated list of ment protection everyone’s concern. This proposals whose IEE have been approved will support the slogan of “Developed Ne- until now. This may be due to the Section pal, Happy and Prosperous Nepali”. 6 of the Act that gives concerned minis- tries the power to approve the IEE of the Court Case and Decision proposals presented before them accord- A joint bench of Justice Balram KC ing to the Schedule 1 of the Rules and also and Bharat Raj Upreti of the Supreme due to the lack of institutional provision Court issued the following mandamus to prepare an integrated list of proposals on August 6, 2010, hearing the case filed approved by different agencies. For exam- by Advocate Narayan Prasad Devkota ple, Ministry of Forest and Soil Conser- against the defendants including the Of- vation grants approval to the proposals fice of the Council of Ministers in 2009 concerning forest and soil conservation, regarding the impacts caused by extrac- Ministry of Energy grants approval to the tive activities in Baruwa River and Lama proposals related to hydropower produc- River of Udaypur. tion and transmission line projects while 1. The proponent and the government Ministry of Physical Infrastructure and should strike a balance between eco- Transport grants approval to the projects nomic development and industrial concerning roads and bridges. development and environmental pro- The Environmental Protection Act, tection while preparing the plan. They 1997 defines a “Proposal” as a proposal should be conscious of the need and prepared in regard to the carrying out of importance of the clean environment such development work, physical activity in today’s 21st century. The economic that may bring about change in the exist- development achieved at the cost of ing environmental conditions or any plan, environmental destruction is unac- project or program which changes the land ceptable. uses and states, “Proponent” means a per- 2. According to the Public Trust Doc- son, governmental, semi-governmental or trine, the is a non-governmental agency or institution trustee only when it comes to the nat- applying for approval of a proposal and ural resources of Nepal and activities getting approval for the implementation adversely affecting the environment of such a proposal.” Despite the laws giv- should not be allowed just because one ing clear definition, specifying the time pays a nominal tax to the government period required for the approval of a pro- without any legal basis regarding the posal, and delineating jurisdiction, EIAs natural resources of Nepal. and IEEs have not been timely approved 3. Environmental pollution actually and implemented due to the lack of inter- takes place due to the State’s flawed nal capacity of concerned agencies and socio-economic policy. If the Executive inter-agency coordination. delays or falls behind in implement- This increases the cost of the im- ing its constitutional duty, the Court plementation of the proposal. Further, which is the guardian of fundamental it creates managerial complexity, mis- rights of citizens will not stay silent. It management in development activities, is incumbent on the Court to complete

82 Development-induced Destruction: A Consequence of Neglect of Environmental Impact Evaluation and implement its constitutional man- 5. Strengthen the monitoring mecha- date to protect the environment. nism 4. Article 16 also creates the right to 6. Construct roads to benefit people rath- stay/remain in a noiseless environ- er than causing damage to their life ment while staying in a house or dur- and property ing the studies of the children, except 7. Start managing the roads in cases where there is a normal pro- 8. Give attention to self-employment and duction of sound while enjoying one’s environment by managing for the par- right. If anyone creates pollution in ticipation of locals rather than using a locality or affects another person in dozers in road construction the name of carrying out business/pro- fession or in the name of enjoying one’s Reference Materials right, such acts become nuisance and 1. Disaster Bulletin: 2019 (Bipad Bul- violation of Article 16 occurs. Crusher leting: 2076) published by Nepal Red industries cannot operate causing a Cross Society, Udaypur and District nuisance. Disaster Management Committee 5. The use and extraction of natural re- Udaypur sources should not be viewed only in 2. Disaster Management Reference Book terms of financial benefits. Extraction (Bipad Byawasthapan Digdarshan) and use of natural resources should be 3. District-based communication media carried out by not causing any adverse (Baruwa Times Daily, Purnapushti effects on the environment. Weekly, Purnapushti Online, Niga- 6. The first and important thing to con- rani Post Online, Purbeli Darpan On- sider while allowing natural resources line, Nagarik Khabar online) for business operation is to make sure 4. All eight local levels of the district that the nearby settlements, forest, 5. Environmental Protection Act, 1997 environment, school, hospital and oth- 6. Environmental Protection (First er sensitive organizations and people Amendment) Act, 2018 are not affected. 7. Development of Environmental Eval- uation Process in Nepal (Nepalma Conclusion and Recommendation Batabaraniya Prabhav Mulyangkan 1. End the mismanagement going on in Pranaliko Bikas), Madhu Ghimire the name of development Acharya Prashasan Khabar Dot Com 2. Stop the haphazard use of bulldozers 8. Milan Smarika 2019 published by 3. Carry out projects only after conduct- Karmachari Milan Kendra 2019 ing Environmental Impact Assess- 9. Uddhyami Diary 2018 published by ment Federation of Cottage and Small Scale 4. Implement the legal provisions on En- Industries vironmental Impact Assessment f

Nepal Human Rights Year Book 2020 83