Unjustified blame

Freedom of expression is not only at the heart of democracy, it is also a key to societal development. To what extent the press in Nepal is free to air views and defend the interest of the people has yet to be studied, but it is possible to deduce from general observation that freedom of expression, to write and publish has not been used effectively enough. Many aspects of political and social life still remain shrouded in mystery. That is why, as a watchdog, the Nepalese press has not been able to expose the rampant corruption pervading all sectors of public life.

It often appears that the constitutional Clause that guarantees all this has been used only for the worse even as issues which ought to be debated threadbare remain under the carpet. But there are instances when newspapers have taken up issues which need to be highlighted as they concern public interest. While we recognise the shortcomings of the Fourth Estate in Nepal, we are nevertheless optimistic because in the ten years since the restoration of democracy, the press has grown and we can also witness a rise in professional journalism. This needs to be encouraged.

While one crucial element for a vibrant press is the commitment to journalism. The second factor which is equally important is the attitude of members of the political establishment towards legitimate issues that come up for media debate. The government’s decision to raise the tax on printing paper at a time when it should be following a policy that encourages the free press is seen as an unfriendly move by many.

According to reports, some members of the ruling establishment have lamented the trend followed by newspapers especially since the outbreak of the Maoist insurgency. Even the Prime Minister went on record saying that the press has tended to overdo things while reporting events. While it is debatable whether the press has failed to keep track of events correctly or not, there is no disputing the fact that the government has failed to contain the unrest. Is it fair then that the press should take the blame for reporting what may not sound as pleasing to the establishment.

It is the job of the members of the political establishment to uphold the system, but they have been throwing the ball in the opposite court. This passing the buck is certainly very irresponsible. Who does not know that today, the system has gone on to become most corrupt since 1990. As a matter of fact it is the politicians who should be striving to bring about sanity into the system. This is possible only when the leaders change their ways and do not give newspapers reasons to write about them. Politicians need to reform themselves before pointing a finger at the press.

Environment and politics

By Anil Baral

Environment problems in the country have not yet assumed political importance that can create a big impact on mass awareness. None of the big parties who fought the last general elections made environment an explicit agenda. Only the Hariyali Party fought elections on an exclusively environment and clean government platform. Though concerns for environment are reflected in programmes like providing access to clean drinking water, improving health standard, none of the manifestos of NC, UML and RPP expressed their commitment towards conserving environment through specific goals and objectives. In other words, environmental issues have not been treated as a separate package.

The reason why political parties are so callous towards environmental concerns could be that environmental problems and disasters of the scale similar to those of photochemical smog in Los Angeles or infamous reducing smog in London, mercury poisoning in Minamita, Japan, that took lives of hundreds of people have not happened yet in Nepal. Nor is there any impending danger of drowning of villages by large dams like the Narmada in India. We have the habit of acting only after such incidents occur. Since most political issues are born out of public pressure, political parties would incorporate environmental issues only if they see their fate in election as largely determined by environmental issues. Since governments in poor countries are always grappling with providing basic necessities to people, they are invariably tied to economic issues and environmental issues are largely ignored and marginalised.

The nature of environmental problems in Nepal varies with degree of urbanization. In rural areas of hills and mountains, environmental issues are those of deforestation, indoor air pollution and soil erosion while in urban areas, for example, Kathmandu valley, environmental problems are those of solid wastes, air pollution and water pollution. The termination of Vikram tempos and recent public protests do suggest that the public are becoming increasingly aware of the cost that they have to pay. This has now become a political issue. If the present trend is
any indication, it will not be unrealistic to expect major political parties to fight elections on the environment platform. Environmental problems are not solved unless there is strong political will and public pressure.

Polluting industries in Nepal are generally Small and Medium Scale Industries (SMIs) such as carpet industry, dyeing industry, brick kilns, distilleries etc. Especially in urban areas, SMIs pose environmental problems and cause industrial pollution. They generate more pollution per unit of output compared to large industries operating in the
same sector. There are various elements working for high pollution load per unit of product.

First, level of technology employed and employee skill is low resulting in wasted resources, high pollution loads, and high health and safety risks to employees. Second, economies of scale of higher pollution abatement technology do not work in favour of SMIs. Poor access to financial resources makes it very difficult for SMIs to upgrade their production technologies, and install End of Pipe treatment (EOP) systems. For this reason, governments of developing countries dither in forcing SMIs to go for EOP as it may cause industry to shut down. It is easier to tackle environmental problems in countries where the economy is growing rather than in countries where it is stagnant like in Nepal.

The better option for the government with respect to financially strained SMIs is to promote and utilize the practice of waste minimization by process modification, raw material change, reuse and recycle or use of cleaner technologies whenever possible. Waste minimization generally pays for itself in the long run. The other option is to implement low cost treatment technologies or partial treatment to reduce pollution levels. Low cost treatment technologies that could be affordable for SMIs to minimize water pollution would be to use wetlands or hydroponics systems (growing plants in waste water without soil). The concept of waste minimization and increasing use of cleaner technologies is not limited to SMIs only but is applicable to transport, business, and household sectors as well.

The major handicap with Nepal in environmental protection is that it has very weak institutional setup and therefore monitoring of environmental impacts and enforcement of regulations are nowhere to be seen. Worse, environmental rules, regulations, standards are in the initial state of formulation and enforcement. The only standards that are in practice for some years are vehicular emission standards. But monitoring of vehicles emissions is so weak that such provision has not stopped polluting vehicles yet. Even the World Bank admits that it is very difficult to avoid corruption whenever new rules, regulations and standards are imposed in developing countries. As long as monitoring inspectors do not get good incentives, rules and standards are likely to be used for
wrong causes benefiting violators and increasing environmental costs for the general public.

The issue of institutional strengthening has not received any priority from the parties either in government or opposition. Institutional strengthening deals with development of viable monitoring and enforcement agencies, adoption of standards, use of market incentives, and involvement of private sector in pollution control. Apart from strengthening Ministry of Population and Environment, other ministries having to deal with the environment like the Ministry of Health, Ministry of Industry, etc, should have a separate environment wing to look after the environment’s monitoring and enforcement bodies and pollution monitoring responsibility can be delegated to industry itself with occasional unannounced checks by the environmental agency. Besides, the government can enlist community participation in monitoring and approving agreements.

Moreover, developing strong liability system can help reduce the burden of environmental institutions. So far, liability system in relation to environmental pollution which involves participation of the court is virtually non-existent in Nepal. Unless we have a separate court for hearings on environment issues, litigation procedure for environment cases is going to be time consuming and exhaustive.

If environmental issues are not well perceived by the public and political parties, it is very difficult to make progress towards solving environmental problems. When environmental problems are politicized constructively, then they immediately attract the attention of the government and in most cases force the government to take action. So, it may be in the interest of any political party to consider raising its voice for environmental protection.

At inauguration of Sundhara Park

By Razen

After almost two years of impatient waiting, Kathmanduites are going to breathe inside a really well-decorated park. Kathmandu Metropolitan City has finally completed the much-talked about park scheme beside the historic sites of the tower of Dharahara and the golden water spout of Sundhara.

The KMC Mayor puffed on his diamond ring, lifted the gold-rimmed scissors from a tray and cut the red ribbon. All the supporting staff of his great office clapped. Thus, the long-waited park-cum-bar was inaugurated amid a high-class ceremony last week.

"I’m the man who believes in doing more than saying," the mayor climbed on the table and said in his hypnotic voice. He further added that turning all the historic places into park-cum-bars has been his aim and realization of Sundhara Park was just a simple example of his style. He said that he was ready to do everything to preserve the cultural heritage of this ancient city.

Earlier, the Indian designer, on whom KMC relies, came in her elegant pantaloons and said, "This is all my design. I can’t express my feelings when I see all my dreams coming true."

She regretted that she was not born before King Gunkamdeva (the maker of Kantipur). Otherwise, she would have planned the whole city in the European way. Nevertheless, she declared that KMC was inviting tenders for pulling down Dharahara and rebuilding it according to her design. She claimed to have studied and understood the untraceable mystery of the art and architecture of Kathmandu Valley better than local artisans.

The officer from the Department of Archaeology finally admitted, "Now, I can understand why these sites belong to our department. I think we must take steps to take back them from KMC."

On the one hand, Kathmandu is running out of public land, thanks to the mild laws against public property encroachment, and on the other, city-life is getting metropolitan day by day. But lack of well managed gardens has been twisting all. In this context, opening of Sundhara Park deserves sincere appreciation.

The park is just wonderful. It is made of imported trees, plants and grass-like carpet. There is a life size statue of General Bhimsen Thapa. It is said that the credit of constructing Dharahara and Sundhara goes to him. There is a sophisticated lighting system too, for nightriders.

On one side of the park, there is the almost never repaired tower of Dharahara that has been used for tooting trumpets and sending smoke signals. Now, it will be open to the public. People will enjoy the panorama of Kathmandu from the crumbling tower only by paying 25 paisa.

On the other side, there is the artistic water spout called Sundhara. Thanks to the building project of Karmachari Sanchaya Kosh (it is a government body, which makes money by building complexes and giving them on hire), there is no water now. The best way of utilizing this landmark will be to making it an open concert hall. It is a lovely scene — famous heavy metal singers were yelling out of marijuana strength and fans were dancing in transparent gowns. A signboard was stuck on the wall — "The locals used to rely on the water from this historic spout."

Finally, there is a bar to consume. The bar is the most important feature of the park because it has the key to a secret. The park was made so that one could run a bar that would be surrounded by high walls. You can enjoy everything there and each item on the menu reminds you of the lofty civilization of the habitants of this sacred valley.

Independent judiciary : Key to democracy

The Kathmandu Post and Mercantile Communications, as apart of their weekly polls, conducted a survey on "How do you rate the impartiality aspect of Nepalese judicial system? on the Net last week. The results are: 85.50 percent rated "very bad", 11.80 percent rated "bad’ and 2.70 percent rated "very good".

We regret the inconvenience, if any, that may be caused due to non-mention of original names due to certain reasons.

Judicial system though in existence, is non-functional in Nepal. If it were functional, the first persons to be put behind bars for corruption and faking on democracy would be political leaders and judicial experts.

This is the most important question raised for the first time. Independent judiciary is vital for democracy. After democracy, judiciary becomes independent with regard to taking bribes openly. There are a number of corrupt judges who will not hesitate to ask money from clients. Let me put it this way; the client will enter in the court house to look for justice, first the bribe starts from administrators like "bench assistant, khardar, and other judicial clerk. Bribe starts from low level to high level

I don’t think there is any judiciary in Nepal. So, there is no point of rating the impartiality aspect of Nepalese judicial system. No law exists for people who are in power or know some people in power. The country cannot be developed until the judiciary is made independent of the legislature of the country. Also, the present government is planning to eradicate the Maoist problem from the country. It would never be successful until the judiciary is made independent.

- Pravesh Saria

Despite the fact that the constitution recognises the fact of independence of the court in the Constitution made after the restoration of democracy, there have been some political attacks on the judicial system directly or indirectly. Basically, the law is unable to punish criminals either because of its own insufficient power or unnecessary political influence. Unless the judicial system becomes supreme in the country, it can neither eradicate corruption nor punish criminals. This results in more violence and destruction. Law makers should pass a resolution giving supreme power to the judiciary. The present Maoist problem and corruption at high levels is the direct result of insufficient judicial power of the court.

- Indra Giri

Money plays a big role in getting justice of any kind. Money is more powerful than the law. Ask any lawyer or any politician. Look at Bal Bahadur KC, more than fifty people saw him getting into the house of a lady through a window and beat her up, but the case was rejected. Judicial cases in Nepal are a big-joke.

- Damachi

When the whole system is corrupt, then how can the judicial system be good? Malpractices are done by politicians in the judicial system too. Mind it, judicial system is a sub-system and it cannot function properly with a lack other coherent and harmonious sub-systems.

- Anonymous

This is a democratic country, anyone has the right to take the judge to a court. Officials are not all corrupt, at least less than the business communities who indulge in smuggling and tax evasion. In Nepal, who has a big house, who drives a Pajero, who goes to night clubs and casinos? Politicians and businessmen. Where does such money come from when we are not yet industrialized. And who pays big bribes? The business people. And who takes them? The politicians. Politicians and businessmen have got richer in the last decade, the poor got poorer. Who is to be blamed for this? Certainly not the judges.

- Manchhey

If there is no political intervention, the judicial system works fine... it is when politically motivated decisions are taken that the public gets cheated by the system.

- S Sthapit

By the grace of god, I have had no experience of court system. But we can easily imagine how it works. There are a few honest judges but look at the property of most of the judges and it becomes clear to what extent the judiciary system is polluted.

- Amulya

I think one cannot describe the judicial system of a country. I mean that, it is fully effected from some kinds of national and international agency. I am sorry, may be it will be bitter for some people or neutral judges. But we must say it black, when it is really black. We have seen the way it has been functioning. I mean we must totally change the judicial system though it will be difficult.

- Madan Raj Poudel

Laws are only confined to books but in practice it is different. To rule the country there must be a strong political will towards the people but Nepali leaders are only for the sake of their personal will. Laws are also influenced whenever the government is changed. This is the result of the imperfectness of the political leaders. Particularly Nepali Congress has introduced such despiseable political culture.

- Sonar