Nepal’s E-Waste Policy Gaps: Urgent Need for EPR, Regulation & Public Awareness

Nepal currently faces significant challenges in e-waste management due to a noticeable gap in dedicated and effectively enforced policy and regulatory frameworks. While some overarching environmental laws exist, specific legislation tailored to the complexities of e-waste is largely absent or ineffective, creating systemic weaknesses that hinder formal recycling and promote hazardous informal practices.

Existing (Limited) Policies and Frameworks:

1. Solid Waste Management Act, 2011: This is Nepal’s primary regulation for waste management. However, a critical deficiency is that it does not explicitly mention e-waste. This omission leaves a significant regulatory void, meaning e-waste is often treated as general waste, or, more commonly, falls outside any structured management system. This lack of specific guidance has allowed informal actors to operate without oversight, burning wires to extract copper, extracting precious metals, and dumping hazardous remnants in landfills, exposing both workers and the general population to health hazards.

2. Environment Protection Act, 2053 (1997): This Act provides a general legal framework for environmental protection in Nepal. Its preamble aims to protect national heritage and the environment, with provisions for controlling pollution (water, air, noise, soil), managing waste, and establishing an Environmental Protection Council. This council is tasked with providing policy guidance and coordination at the national level. However, similar to the Solid Waste Management Act, the Environment Protection Act (and its 2018 revision) does not adequately address specific e-waste issues; it lacks concrete regulations, guidelines, or directives for e-waste management. While it does provide for Environmental Impact Assessment (EIA) or Initial Environmental Examination (IEE) for waste management activities, including those for e-waste, a dedicated framework for e-waste remains missing.

3. Recommendations from a 2007 Government Study: The Government of Nepal (GoN), specifically the Ministry of Environment, Science and Technology (MoEST), conducted a study in 2007 to identify and quantify electronic products that would become e-waste. This study made several recommendations for future action, including:

• Formation of a national taskforce on e-waste with a focal point.
• Awareness-raising campaigns on the hazards of e-waste.
• Formulation of a comprehensive policy involving all stakeholders (government, NGOs, waste dealers, producers/suppliers).
• Defining hazardous materials and e-waste under the Environment Protection Act and Regulation.
• Prohibition on the import of e-waste or old electronic equipment.
• Licensing, registration, and promotion of good e-waste dealers.
• Banning outdated recycling technologies like open burning and crude acid extraction.
• Promoting recycling units that practice Environmental Management Systems (EMS) leading to ISO 14001.
• Promoting Cleaner Production and the "3Rs" (Reduce, Reuse, Recycle) in Electrical and Electronic Equipment (EEE) manufacturing/assembling units to reduce hazardous material use.
• Promoting "3Rs" for consumers.
• Improving data on imports of electronic products and CKD assemblies. 

Despite these crucial recommendations, there has been no significant effort or concrete action on e-waste management in Nepal following this report.

4. Nepal Telecommunications Authority (NTA) Consultation Paper (2017): Recognizing the burgeoning e-waste problem spurred by the telecommunications/ICT sector, the NTA published a consultation paper in April 2017 to explore a Regulatory Framework for E-waste Management. This paper aimed to:

• Enhance environmental protection from e-waste.
• Establish a basis for policy and regulatory frameworks.
• Raise public awareness on sustainable management.
• Formulate mechanisms for e-waste collection, transportation, storage, recycling, and disposal.
• Define roles and responsibilities of stakeholders, including manufacturers/producers, collectors, recyclers, and disposers. 

The NTA sought comments and suggestions from stakeholders to incorporate into a final document. The proposed framework detailed specific responsibilities for producers (e.g., collecting e-waste from end-of-life products, setting up take-back schemes, financing management costs), collection centers (e.g., obtaining authorization, establishing storage and transportation infrastructure), consumers (e.g., channelizing e-waste to authorized centers, separating waste, following disposal methods), dismantlers, recyclers, refurbishers, and transporters. It also outlined procedures for authorization and registration for e-waste handling, powers to suspend/cancel authorizations, and mechanisms for reducing hazardous substances in EEE manufacturing. However, this was a consultation paper aiming to formulate a policy, and its broad rollout is still pending. Doko Recyclers has provided input on a national e-waste strategy drafted by the NTA.

5. Basel Convention: Nepal is a signatory to the Basel Convention, an international treaty designed to control the trans-boundary movement of hazardous wastes and their disposal. This convention is particularly relevant as it prohibits the movement of hazardous waste (including many types of e-waste components) from developed to developing countries unless the receiving country has adequate disposal solutions. This directly impacts Nepal, which has historically exported much of its e-waste, especially printed circuit boards, to India for chemical treatment to extract precious elements. However, with India and China cracking down on e-waste imports, Nepal faces the challenge of managing this waste domestically without sufficient infrastructure. The Basel Convention, while an international commitment, requires strong national legislation for effective implementation and enforcement.

Proposed and Emerging Policy Approaches (What should be done):

1. Extended Producer Responsibility (EPR) Schemes: EPR is widely considered a cornerstone of effective e-waste management globally, but it is currently weak or absent in Nepal. EPR makes producers, importers, and sellers legally and financially responsible for the entire lifecycle of their products, including collection and recycling at the end of their useful life.

• Doko Recyclers' EPR Framework: Doko Recyclers, supported by MECS, developed a framework for EPR in Nepal, specifically for e-waste and e-cooking devices. Key components include:
• Mandatory EPR: National laws to make EPR a requirement for producers, importers, and sellers, reducing the burden on local governments and ensuring proper waste handling.
• Clear Roles: Define responsibilities for all stakeholders: producers finance and manage take-back, government enforces policies and raises awareness, consumers return old appliances, recyclers follow safe practices, and informal workers are integrated.
• Financing Mechanisms: Implement "eco-fees" added at the time of sale to fund future recycling, and establish a national EPR fund for local collection, infrastructure, and training. Corporate Social Responsibility (CSR) funds from producers could also contribute to eco-fees.
• Monitoring and Enforcement: Establish digital tracking systems and enforce penalties for non-compliance.
• Pilot Programs: Start with pilot EPR systems in municipalities, focusing on specific categories like e-cooking devices, then scale up nationally.
• Collaboration: Foster local and global partnerships for technology and knowledge sharing.
• Doko Recyclers has already initiated EPR partnerships with companies like Samsung subsidiaries and Chaudhary Group to set up collection hubs.

2. Dedicated E-waste Legislation and Regulatory Framework: Beyond EPR, a specific, comprehensive legal framework for e-waste management is urgently needed. This involves:

• Formulating Regulations and Directives: Creating detailed regulations that cover formal processes for registration and authorization of collectors, recyclers, and disposers, clearly defining their roles and responsibilities.
• Prohibition on Hazardous Practices: Explicitly banning outdated and environmentally harmful practices like open burning and rough acid extraction.
• Strengthening Import/Export Control: Implementing strict provisions for the import of standard-compliant e-products and preventing the illegal transboundary movement of e-waste, aligning with the Basel Convention.
• Developing E-waste Database: Creating a robust national database for e-products and e-waste generation, collection, and treatment to enable better planning and investment.

3. Fiscal Incentives and Support for Formal Sector:

• The government should provide tax breaks, soft loans, and other financial incentives to encourage investment in formal recycling plants and refurbishing centers. This addresses the high capital investment required for waste management infrastructure.
• Establish an e-waste management fund, financed by producers, importers, and distributors, to support collection, recycling, and disposal mechanisms.

4. Integration and Formalization of the Informal Sector: Policies should aim to integrate the existing informal sector into the formal system rather than simply displacing them. This can be achieved by:

• Offering training, personal protective equipment (PPE), and small grants to informal collectors and dismantlers.
• Reskilling programs to transition informal workers into safer roles within formal collection, sorting, or plant operations.

5. Public Awareness and Education: Policies must mandate and support sustained public awareness campaigns on e-waste hazards, proper disposal methods, and the benefits of the 3Rs. This should include formal curriculum integration in schools and universities.

6. Local Government Engagement: Encourage local municipal governments to develop and enforce local ordinances related to e-waste management, as federal-level policy progress can be slow.

In conclusion, while Nepal has general environmental laws and has initiated discussions and consultation papers on e-waste management, a comprehensive, dedicated, and enforceable national policy framework is still largely absent. EPR schemes are critically needed to shift responsibility to producers, backed by strong regulations, fiscal incentives, public awareness, and the strategic integration of the informal sector. The NTA's consultation paper and Doko Recyclers' EPR framework are significant steps, but their full implementation is crucial for transforming Nepal's e-waste crisis into an opportunity for sustainable resource management and green economic growth.