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BookletFood safety policy and legislation in the newly decentralized Federal Democratic Republic of Nepal
FAO Technical Summary Report
2018Also available in:
No results found.In 2015, the new constitution was adopted in the Federal Democratic Republic of Nepal, which enshrines complete decentralization within the federalism. The process for the decentralization is currently under way in the year of 2017 and there are numerous uncertainties still outstanding in the food safety area. In particular, the government is still actively deciding how to assign various food safety activities to the three levels of government (central, regional, and local). In light of the situation, FAO has focused on providing inputs to guide the government’s decision making on which food safety related legislative activities to decentralize in the new federal system. Accordingly, a stakeholder consultation was held on 20 December 2017 to collect and disseminate the views of the governmental and non-governmental experts involved in food safety in Nepal, so as to provide the most up-to-date recommendations to the government on the decentralization process. Involving Nepali governmental, non-governmental, and consumer representatives in formulating the recommendations would also cultivate a sense of ownership in the process of decentralization to a federal system, fostering more compliance with the new set-up once it is in place. In conclusion, the stakeholder meeting agreed that the draft policy is quite comprehensive, but the structure of the document is not ideal, and it leaves out or underemphasizes some important issues, such as federalism, One Health approach, multi-sectoral coordination, and shared responsibility of food safety. As for the existing legislation, Nepal’s food laws may be 40 years old and modernization of certain items may be useful, but they can still serve as an adequate scaffolding for more detailed regulations that implement a comprehensive food safety system. Nonetheless, because Nepal needs new food legislation to operationalize the federal system, now is the perfect time to enact a comprehensive legislative framework that will reflect the new government structure, incorporate modern concepts of food safety, reflect the current international consensus, and embody the new food safety policy. On a practical level, the expert recommends that the government consider fostering better coordination among the various government entities involved in or tangentially related to food safety. -
Book (series)Funding Options for Agricultural Development: the Case for Special Purpose Levies 2005
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No results found.This paper will examine those issues, starting with some background information on the nature of Special Purpose Levies (SPLs) and how they relate to other taxes and charges. An overview will then be provided of the most common SPLs found today – primary industry levies, forestry, fisheries, environmental and water levies, and then miscellaneous others. In order to analyse SPLs it is necessary to place them within their general funding context. For this purpose, the main aspects of special purpo se funds are next considered – their organisation, sources of funds (including SPLs), how the funds are used and their oversight. Recent trends in the development of special purpose funding will be noted next, including international aspects such as under the WTO. Finally in this part of the paper, the arguments in favour of special funding arrangements and the arguments against will be presented. The paper concludes with a check-list of the political and operational issues which should be consi dered, when drafting legislation to set up and administer a special purpose levy. -
Book (stand-alone)Review of the legal frameworks in the ESA-IO Region 2011
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No results found.This review consists of a detailed study of the legal frameworks in the Comoros, Kenya, Madagascar, Mauritius, Seychelles, Somalia and the United Republic of Tanzania as far as they pertain to fisheries laws, and are related to MCS and actions agreed upon in RFMO Agreements, and as far as they enable effective prosecution. The aim of the study is to provide recommendations for the improvement of these legal frameworks. The general legal review of the above countries is based on a desktop study, which was followed up by in-country specific investigations for Tanzania, Madagascar and Seychelles. Since there are already numerous other reports that consider this same topic, an attempt was made to avoid duplication thereof, and to focus on additional issues where possible. A distinct emphasis was placed on the use of criminal sanctions as a tool to ensure compliance with fisheries legislation. The majority of the report comprises of an assessment of the specific areas that require updating and harmonisation and identification of legal challenges and barriers to enforcement for each country. This assessment is divided into three parts for each country, namely an assessment of the legal framework, an evaluation thereof, and finally, recommendations on how the legislation may be improved. Within the evaluation, legal challenges and barriers to the implementation or adoption of regional agreements and standards and barriers to regional cooperation and information sharing were specific ally considered. The principle fisheries legislation in the Comoros is a 2007 decret, which, while quite extensive, lacks the necessary implementing text. In Kenya the principle fisheries legislation that regulates marine and inland fisheries, as well as aquaculture is comparatively outdated and lacking in many areas, however it was found that the 2011 Bill is extensive, and is in many respects a clear improvement. In Madagascar it was found that the current legislation is currently inadequate a nd contains numerous outdated provisions, such as outdated and inadequate penalties, and inadequate powers of fisheries inspectors. However, as is the case of Kenya, the new 2007 Bill addresses most of these issues. It has however not as yet been finalised, nor is it clear when it will be promulgated. Suggested interventions include a review of all supporting legislation, such as decrees and orders in order to adapt to the Bill. In Mauritius the principal legislation governing fisheries was foun d to have numerous key shortcomings. The recommendation is for a review of the legislation, in order that a comprehensive approach can be taken to ensure that the recent international fisheries instruments to which Mauritius is party are fully implemented. In the Seychelles, there are a number of main pieces of fisheries legislation governing fisheries, and a new Fisheries Bill has been prepared. The new Fisheries Bill, which is expected to become law before the end of 2011 is in the final stage s of development, and is a fine effort to modernize fisheries management. While the Fisheries Act of 1987 does not provide an adequate legal framework for MCS, the 2011 draft Bill is a huge improvement in this regard. In Somalia, it was found that the fisheries legislation is currently outdated and insufficient with regard to the creation of offences and the powers of inspectors, and is no longer an effective tool for fisheries management. There is also an inadequate legal framework for effectiv e MCS, both for the enforcement of domestic legislation as well as the enforcement of regional requirements. The legislative framework requires urgent attention if effective MCS on local and regional level is to be achieved. In Tanzania, there are currently five main pieces of Fisheries’ legislation, because the fishery sector is not a union matter and as a result, Mainland Tanzania and Tanzania Zanzibar each have their own specific pieces of legislation that regulate this sector. The Deep Sea F ishing Authority Act of 1998, as amended in 2007, and the Deep Sea Fishing Authority Regulations of 2009 are comprehensive, and recommendations have been made for their improvement and strengthening.
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