Last month, Nepal’s foreign minister Dr. Arzu Rana raised the issue of climate change, emphasizing environmental justice.
She pointed out that Nepal’s high mountains and hills have historically regulated the country’s climate, and these mountains are the source of the rivers that provide water to the local population.
However, these same rivers are now turning into black stones, leading to natural disasters.
Seminars on climate change and global warming are gaining traction in Kathmandu, and the argument that Nepal is a Himalayan nation has captured national and international attention.
However, the issue of unlawful excavations by foreign construction companies in the Chure region of the Terai—the southern landscape of Nepal—has not reached the national or even regional level.
Just last month, a writ petition filed with Nepal’s Supreme Court caught the attention of many.
Law students Aanchal Kumari, Ram Ratan Singh, and others filed the petition against the China Railway-2 Engineering Group Co. Ltd. for illegally mining the Khutti Khola and its tributaries in Siraha, a region designated as protected by the Nepal government.
Disasters like landslides and floods pose significant risks, especially due to irresponsible exploitation or poor management. The Terai region has relied on the Chure area as a source of subterranean water storage.
The Supreme Court issued a show-cause order to the respondents in the petition filed on November 29.
This article aims to highlight the negligence of both the government(s) and international construction companies regarding the Chure’s sensitivity in the current environment.
Interpreting the Case
China Railway No. 2 Engineering Group was awarded the contract to expand the road from Kamala in Dhanusha to Kanchanrup in Saptari under the East-West Highway to four lanes, as per an agreement reached in June 2020.
To carry out this project, sand, gravel, and stones have been unlawfully extracted from the river and protected forests.
The Chure buffer region falls under provincial jurisdiction, and the Khutti river forest area is part of the Chure buffer conservation area.
Surprisingly, the brief environmental study and the preliminary environmental assessment procedure were accepted and published in the gazette by the Lahan Municipality Office, which illicitly acted as the proposer.
Lahan Municipality in Siraha was included in the Chure Conservation Area by the President Chure Terai Madhesh Conservation Development Committee.
The Forest Regulation of Nepal stipulates that, under specific criteria and timeframes set by the government, local riverine resources such as stones, gravel, and sand may be gathered and sold through open competition from national forest areas, subject to the findings of an environmental study.
However, in the agreement between Lahan Municipality and China Railway regarding the export of gravel and sand, illegal excavation has occurred beyond the agreed quantity of 25,000 cubic meters of materials per year.
Last year, the Division Forest Office in Lahan arrested Hu Xiaqiang, a Chinese national and site in-charge of China Railway-2.
According to the arrested operators, the company had ordered them to dig deeper until they reached the soil surface.
When Dilip Mahato attempted to stop illegal sand and gravel extraction from the Aurahi River in Mithila Municipality-5 of Dhanusha five years ago, he was killed by a crusher mafia.
Sujit Kumar Jha, the district chief of the forest office at the time, was transferred by the Madhesh Province administration after he ordered the arrest of the Chinese railway workers involved. This might explain why many in Madhesh are afraid to speak out against the destruction of the Chure. It seems that the federal government has shown little interest in addressing the issue.
Where Is National Monitoring?
The Chure region, the youngest and lowest part of the Himalayan range, is the southernmost section of the Himalayas.
When utilizing river resources, it is critical to abide by Nepali laws to ensure the future of the Terai’s people. The Madhesh Province Government must protect the Chure, which is considered the lifeline of Madhesh, and prevent contractors from yielding to pressure or temptation.
It spans 36 districts, from Dadeldhura in the west to Ilam in the east, covering nearly 13% of Nepal’s total land area.
Experts highlight the region’s extreme sensitivity due to its loose, poorly compacted rocks and the rivers running through the region before flowing into the Terai.
Disasters like landslides and floods pose significant risks, especially due to irresponsible exploitation or poor management. The Terai region has relied on the Chure area as a source of subterranean water storage.
In recent years, several areas of the Chure region, especially in Madhesh Province, have faced severe drinking water shortages during the summer.
Given that nearly half of the population lives in this region, the Chure is crucial to both the nation’s agricultural heartland and the livelihoods of these people.
Without the natural resources of the Chure, the Terai could face desertification. If we truly consider the Terai a “granary,” it is high time the issue receives national attention.
Article 30 of Nepal’s Constitution guarantees every citizen the right to live in a clean environment, a right that must not be violated by companies like China State Construction Corporation Pvt. Ltd. (contractor for the Narayanghat-Butwal road expansion) or China Railway-2 (contractor for the Kamala-Kanchanpur road upgrade).
When utilizing river resources, it is critical to abide by Nepali laws to ensure the future of the Terai’s people. The Madhesh Province Government must protect the Chure, which is considered the lifeline of Madhesh, and prevent contractors from yielding to pressure or temptation.
Lastly, while the government raises the issue of climate change at international forums in Kathmandu and advocates for climate justice, it must also consider whether it is taking action to regulate and address the climate injustices caused by foreign companies in Nepal.
Randhir Chaudhary is associated with Peace Development Research Center (PDRC)
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