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 How Law Protects Bhutan’s Green Legacy and the Last Shangri-La

Introduction

The Constitution of Bhutan establishes mandatory forest coverage requirements under Article 5, Section 3, which states that “a minimum of sixty percent of Bhutan’s total land shall be maintained under forest cover for all time.” The Land Cover Assessment 2016-2017 conducted by the Ministry of Agriculture and Forests documented forest coverage at 70.77% of total land area. In 2015, Bhutan emitted 3,814 Gg CO₂ equivalent but its forests sequestered 9,387 Gg, creating a net carbon sink of 5,573 Gg and making the country carbon-negative.


The Environmental Assessment Act 2000, National Environmental Protection Act 2007, Forest and Nature Conservation Act 1995, and Biodiversity Act 2003 establish statutory frameworks implementing constitutional environmental mandates. These acts create enforceable legal obligations for environmental protection through specified institutional mechanisms and penalty structures.


This analysis examines statutory implementation of constitutional environmental requirements under Article 5 of the Constitution of Bhutan, with focus on institutional enforcement mechanisms established under enabling legislation.


Legal Context

The Constitution of Bhutan came into force on July 18, 2008, establishing environmental protection as a constitutional obligation. Article 5, Section 3 mandates forest coverage minimums. Article 5, Section 1 states, “Every Bhutanese is a trustee of the Kingdom’s natural resources and environment for the benefit of the present and future generations and it is the fundamental duty of every citizen to contribute to environmental conservation and prevent all forms of ecological degradation, including noise, visual and physical pollution.”


The Ministry of Agriculture and Forests (MoAF) of Bhutan has documented five primary ecological zones based on altitude and climate, Sub-tropical (200-1,100m elevation), Temperate (1,100-2,300m), Cool Temperate (2,300-3,500m), Alpine (3,500-4,500m), and Nival (above 4,500m). The Wildlife Conservation Division records 770 bird species, 200 mammal species including Panthera tigris (tigers) and Panthera uncia (snow leopards), documented through camera trap surveys conducted between 2014-2019.


Economic data from the Ministry of Economic Affairs shows hydropower contributing 23.2% to GDP in 2020, with export revenues of Nu. 25.4 billion from power sales to India. The Punatsangchhu-I hydroelectric project (1,200 MW capacity) operates under environmental clearance issued under the Environmental Assessment Act 2000.


Statutory Framework

The Constitution of Bhutan

Article 5, Section 1: “Every Bhutanese is a trustee of the Kingdom’s natural resources and environment for the benefit of the present and future generations and it is the fundamental duty of every citizen to contribute to the protection of the natural environment, conservation of the rich biodiversity of Bhutan and prevention of all forms of ecological degradation including noise, visual and physical pollution through the adoption and support of environment friendly practices and policies.”


Article 5, Section 3: “The Government shall ensure that, in order to conserve the country's natural resources and to prevent degradation of the ecosystem, a minimum of sixty percent of Bhutan's total land shall be maintained under forest cover for all time.”


Article 5, Section 2 establishes Royal Government duties: “The Royal Government shall: (a) Protect, conserve and improve the pristine environment and safeguard the biodiversity of the country; (b) Prevent pollution and ecological degradation; (c) Secure ecologically balanced sustainable development while promoting justifiable economic and social development; and (d) Ensure a safe and healthy environment.”


National Environmental Protection Act 2007

The Act establishes the National Environment Commission (NEC) as the apex environmental authority with powers to formulate environmental policies, coordinate environmental activities across agencies, and monitor compliance with environmental standards. The Act requires Strategic Environmental Assessments for policies, plans and programs with potential environmental impacts, and establishes environmental standards for air, water, noise, and soil quality. The Act contains penalty provisions for violations.


Environmental Assessment Act 2000

The Act mandates Environmental Impact Assessment (EIA) for specified categories of development projects. The Act includes public consultation requirements and establishes penalties for non-compliance including project suspension powers. The Act provides appeal mechanisms to higher courts for assessment decisions.


Forest and Nature Conservation Act 1995 (Amended 2017)

The Act designates protected areas and establishes biological corridors connecting protected areas. The Act creates criminal penalties for illegal harvesting of protected species and establishes fines for forest offenses. The Act establishes Community Forest Management through renewable agreements administered by the Department of Forests and Park Services.


Biodiversity Act 2003

The Act regulates access to genetic resources through permit systems. The Act establishes criminal penalties for trafficking protected species listed in international conventions. The Act requires benefit-sharing agreements between communities and bioprospecting entities.


Implementation Analysis

Institutional Structure

The National Environment Commission operates under 47 staff members as documented in the Annual Report 2020. The Commission processed 847 Environmental Impact Assessments between 2010-2020, with 194 projects requiring modifications and 34 applications rejected, according to NEC Annual Statistics.


The Department of Forests and Park Services manages 51.44% of territory under protected area status through 10 national parks, 4 wildlife sanctuaries, 1 strict nature reserve, and 9 biological corridors as established under Section 21 of the Forest and Nature Conservation Act 1995.


As of September 2021, Bhutan had 834 Community Forests covering 108,357 hectares, managed by 34,520 households. Community forestry began in 1993 with the first forest at Dozam, Mongar, and operates under the Forest and Nature Conservation Act, 1995.


Compliance Monitoring

The Land Cover Assessment 2016-2017 verified 70.77% forest coverage, exceeding constitutional requirements under Article 5, Section 3. The assessment used Landsat 8 imagery from 2015, applying object-based classification in eCognition 9.1, with validation via National Forest Inventory data, Google Earth, and field visits, achieving 98.19% accuracy.


Conclusion

Bhutan’s commitment to environmental protection is enshrined in its Constitution and reinforced through a comprehensive statutory framework, including the Environmental Assessment Act, National Environmental Protection Act, Forest and Nature Conservation Act, and Biodiversity Act. These laws establish clear institutional responsibilities, particularly for the National Environment Commission and the Department of Forests and Park Services, ensuring effective management of forest cover, biodiversity, and ecological resources.


Empirical data, including the Land Cover Assessment 2016-2017 and National Forest Inventory, demonstrate that Bhutan has consistently exceeded constitutional forest cover requirements while maintaining its status as a carbon-negative nation. Community forestry initiatives further empower local households to actively participate in sustainable forest management.


Through these integrated legal, institutional, and technical mechanisms, Bhutan not only safeguards its unique ecological heritage but also exemplifies how governance, law, and citizen responsibility can converge to maintain environmental integrity. The country’s experience offers valuable lessons in embedding ecological stewardship into national development while balancing economic growth and sustainability, reinforcing Bhutan’s identity as the Last Shangri-La.


References

  1. Constitution of the Kingdom of Bhutan. (2008), The Constitution of the Kingdom of Bhutan. Royal Government of Bhutan, https://www.constituteproject.org/constitution/Bhutan_2008.pdf

  2. National Environmental Protection Act of Bhutan. (2007), National Environmental Protection Act, 2007, Office of the Attorney General, Royal Government of Bhutan, https://oag.gov.bt/language/en/resources/national-environment-protection-act-of-bhutan-2007english-version/

  3. Environmental Assessment Act. (2000). Environmental Assessment Act, 2000, National Environment Commission, Royal Government of Bhutan,  http://www.nec.gov.bt/publications/legislations

  4. Forest and Nature Conservation Act. (1995, amended 2017), Forest and Nature Conservation Act, Department of Forests and Park Services, Ministry of Agriculture and Forests, https://www.dofps.gov.bt/laws-and-policies/

  5. Biodiversity Act. (2003), Biodiversity Act of Bhutan, 2003, Ministry of Agriculture and Forests, Royal Government of Bhutan, https://www.judiciary.gov.bt/storage/files/1/BiodiversityEng2003.pdf

  6. Rai, A., & Phuntsho, P. (2016), Land Use and Land Cover Assessment of Bhutan 2016: Technical Report. Forest Resources Management Division, Department of Forest and Park Services, Ministry of Agriculture and Forests, Royal Government of Bhutan, https://www.researchgate.net/publication/335715382_Land_Use_and_Land_Cover_Assessment_of_Bhutan_2016_Technical_Report

  7. National Environment Commission. (2020), Annual Report 2020, National Environment Commission, Royal Government of Bhutan, http://www.nec.gov.bt/publications/annual-reports 

  8. National Statistics Bureau. (2021), Statistical Yearbook of Bhutan 2021, National Statistics Bureau, Royal Government of Bhutan, https://nsb.gov.bt/publications/statistical-yearbook/ 

  9. Department of Forests and Park Services. (2023), Biodiversity and Conservation Report: BC4 Jan 2023–Dec 2032 (p. 14), Bhutan ForLife, https://bfl.org.bt/wp-content/uploads/2025/05/BC4_Jan_2023_Dec_2032.pdf 

  10. AFoCO. (n.d.), Enhancing the knowledge base: Capacity building for foresters on resource assessment in community forests in Bhutan, https://afocosec.org/newsroom/news/stories/enhancing-the-knowledge-base-capacity-building-for-foresters-on-resource-assessment-in-community-forests-in-bhutan/?utm_source

  11. Dorji, T., & Tshering, K. (2023), Three decades of Community Forestry in Bhutan: An assessment report of the review of its extent and management effectiveness, ResearchGate, https://www.researchgate.net/publication/373048530_Three_decades_of_Community_Forestry_in_Bhutan_An_assessment_report_of_the_review_of_its_extent_and_management_effectiveness?utm_source

  12. Royal Government of Bhutan. (1995), Forest and Nature Conservation Act of Bhutan, 1995, https://www.judiciary.gov.bt/storage/files/1/Forest-and-Nature-Conservation-Act-of-Bhutan1995_English_.pdf?utm_source

  13. Asia Pacific Energy Policy Research. (2007), National Environmental Protection Act of Bhutan, 2007,  https://policy.asiapacificenergy.org/node/79 

  14. Bhutan Biodiversity Portal. (n.d.), An Overview of Biodiversity in Bhutan, https://sdiopr.s3.ap-south-1.amazonaws.com/doc/Revised-ms_AJRAF_85938_v1.pdf

  15. Punatsangchhu-I Hydroelectric Project Authority. (n.d.), Overview, https://www.phpa1.gov.bt/overview/


This article is authored by Tshering Doelkar, Law Student from Bhutan and Trainee of Lets Learn Law Legal Research Training Programme. The views and opinions expressed in this piece are solely those of the author.


 
 
 

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