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Nepal

Nepal

Constitution of Nepal (2015)

Part 3, Section 16, Article 1:

“Every person has the right to live in a clean environment.”

Part 4, Article 35(5):

“The State shall make necessary arrangements to maintain clean environment. The State shall give priority to the protection of the environment, and also to the prevention to its further damage due to physical development activities by increasing the awareness of the general public about environmental cleanliness, and the State shall also make arrangements for the special protection of the environment and the rare wildlife. Provision shall be made for the protection of the forest, vegetation and biodiversity, its sustainable use and for equitable distribution of the benefit derived from it…”*

* Nepal’s 2007 Interim Constitution was replaced by the 2015 Constitution of Nepal. The environmental rights provision has been moved to Part 3, Section 30, which now reads: “Right regarding clean environment: (1) Each person shall have the right to live in a healthy and clean environment. (2) The victim of environmental pollution and degradation shall have the right to be compensated by the pollutant as provided for by law. (3) Provided that this Article shall not be deemed to obstruct the making of required legal provisions to strike a balance between environment and development for the use of national development works.”

The statement of public policy has been extended and altered to remove the direct reference to the substantive environmental right. The relevant text, now appearing in Part 4, Section 51(g), reads: “(5) The State shall pursue a policy of making a sustainable use of biodiversity through the conservation and management of forests, fauna and flora, and by minimizing the negative impacts of industrialization and physical development by promoting public awareness on environmental cleanliness and protection…(7) The State shall pursue a policy of adopting appropriate ways of minimizing or stopping negative effects on environment if it is there, or if there is a possibility of such an impact on nature, environment, or biodiversity.”