http://ens-news.com/ens/jan2001/2001L-01-24-03.html
Environment News Service

Nepal Supreme Court Bans Import of Polluting Vehicles

By Deepak Gajurel

KATHMANDU, Nepal, January 24, 2001 (ENS) - In a sweeping ruling, the 
Nepal Supreme Court on Monday ordered the government to immediately 
stop the import of Indian vehicles not meeting Euro-I emission 
standards. The smoke belching vehicles are a primary cause of 
pollution in the Kathmandu Valley which contains eight sites listed 
in UNESCO's World Heritage List.

The Supreme Court ruling overturns the decision by Prime Minister 
Girija Prasad Koirala to allow the import of Indian vehicles into the 
country that may violate Nepal's emission standards.

An agreement signed between Nepal and India during Koirala's visit to 
India last year allows the import into Nepal of any type of vehicle 
produced in India which can show an "environment friendly" 
certificate given by its manufacturer, not by the government of India.

Street near Durbar Market in Kathmandu (Photo courtesy Rojal Pradhan)
This is a clear violation of the law requiring a certification of 
Conformity of Production and Type Approval by the vehicle's producing 
country's government or government institutions, say 
environmentalists. The Supreme Court agreed.

"The agreement breaches the Nepal Vehicular Emission Standard 1999 
under Environment Protection Law 1996, and Environment Protection 
Regulations 1997," says Prakash Mani Sharma of Pro-Public, an NGO 
acting in the public interest which filed the writ of petition 
against the Prime Minister, Minister of Environment and other 
government agencies.

"With the Court's ruling, I am hopeful that the import of pollutant 
vehicles would be stopped in the future and the standard pollution 
control measures would be implemented," says Bhoj Raj Ayer of 
Pro-Public.

The government has taken action to mitigate air pollution in the 
Kathmandu Valley. In a cabinet decision last year, the government 
banned diesel fueled three-wheelers, popularly known as Vikram 
Tempos, from the streets of Kathmandu Valley. These 12 seaters are 
the main cause of air pollution here, many studies have shown.

The Department of Transportation has outlawed new registrations of 
Vikram Tempos throughout the country effective immediately.

The Department of Transportation has set the threshold of exhaust for 
diesel vehicles at 65 HSU (Hetridge Smoke Unit). Indian made Vikram 
Tempos never pass the emission tests.

Kathmandu Durbar Square is a UNESCO World Heritage Site. Most of the 
Hindu temples shown here date from the 15th to 18th century. (Photo 
courtesy City of Kathmandu)
The demands of people for cleaner air are now being heard, but there 
is a long way to go, experts say. "Until or unless road conditions 
and vehicles conditions are improved, no desirable result can be 
achieved," says Tribhuwan University zoologist Narendra Khadka. "An 
integrated comprehensive approach should be taken including traffic 
management, road and vehicle maintenance, industrial locations, solid 
waste management and drainage systems," he suggests.

"The situation is grim for Kathmandu's air quality in terms of 
respirable particulate concentrations. These concentrations are 
comparable to industrial situations like those of mining areas," 
Khadka says.

The overpolluted air of this bowl shaped valley, nearly 400 square 
kilometers (154 square miles) in area, is a daily problem for its 
residents. "A black layer of smoke and dust sets on my face in a 
couple of hours of walking in the streets," says Rabindra Shrestha, a 
school teacher.

Households are affected, too. "I am fed up with the dust which covers 
everything in my kitchen, drawing room, bedroom, everywhere," says 
Manju Sharma, a housewife. Manju's house is 50 meters ((162 feet) 
away from a busy street in the city.

Keshav Sthapit is mayor of Kathmandu Metropolitan City. He is working 
to make the city "clean, green and, healthy." (Photo courtesy Office 
of the Mayor)
The levels of smog, a mixture of gas, dust and moisture, here are 
three to four times higher than than levels declared healthful by the 
World Health Organization. "The obtained gaseous pollutant levels in 
Kathmandu have risen by a factor of two to three in the last five 
years showing a rapid upward spiral. Vehicular emissions and city 
road conditions are the prime sources of air pollutants besides 
industrial emissions," states a report by Nepal Environmental and 
Scientific Services which has been monitoring the city's air since 
last year.

Over 100,000 vehicles travel over about 800 kilometers (500 miles) of 
streets in the capital city of this Himalayan Kingdom, most of which 
are muddy and are not black-topped. The city is home to around 1.5 
million people.

Besides poor road conditions, the lack of proper monitoring of the 
maintenance of vehicles adds to the problem.

Even more serious, there are three industrial estates within the 
Kathmandu Valley that emit enormous amounts of pollutants. Located in 
city residential areas, they are home to steel, plastic, battery and 
food processing industries. Adding pollutants to the air is a cement 
factory within the valley which belches dusts round the clock.

Worried by the deteriorating situation, environmentalists are 
demanding an effective solution. While activists have been launching 
anti-pollution movements, experts are lobbying for effective legal 
frameworks.

Meeting of the Nepal Forum of Environmental Journalists (Photo courtesy NEFEJ)
Journalists can be activists in Nepal. The Nepal Forum of 
Environmental Journalists (NEFEJ) is one of the leading 
non-governmental organizations lobbying for an end to air pollution.

Interaction programs with experts, concerned officials and other 
media persons are a regular features of NEFEJ. "We are determined to 
make the public aware of the hazards of pollutants. Through our 
multi-media approach, we aim to convince decision makers to bring 
about better living conditions," says NEFEJ general secretary Mohan 
Bista.

Explorer Nepal, a non-governmental organization, is among 
anti-pollution activist groups campaigning for cleaner air. "We 
organize protests, rallies and other programs for people's health," 
says an official at Explorer Nepal.

Not only journalists and activists are fighting environmental 
degradation. Lawyers have been filing cases in the public interest to 
prompt judicial action for environmental and nature conservation.

Under mounting pressure from all these quarters, the Supreme Court of 
Nepal and the government have taken steps towards tackling air 
pollution of this historic city.

Pasupatinath is considered one of the holiest shrines of all the 
Hindu temples and is attended by ruling Nepalese Royalty. A UNESCO 
World Heritage site on the banks of the Bagmati river, this two 
tiered golden temple with four triple silver doorways shows signs of 
air pollution. (Photo courtesy City of Kathmandu)
The Supreme Court last year ordered the Ministry of Environment to 
set up thresholds for air emissions, noise levels, effluent 
discharges into rivers, sewage and radiation from industries located 
across the country.

Nepal's Environment Protection Act of 1997 provides for mitigating 
environmental pollution but leaves the responsibility to the 
government for specifying thresholds and limitations for polluting 
exhausts.

In another recent ruling, the Supreme Court ordered the government to 
ensure the treatment of sewage before releasing it into the Bagmati 
and Bishnumati rivers, two major rivers flowing through the Kathmandu 
Valley.

Since the city sewage is now drains untreated directly into these 
rivers, Kathmandu has effectively turned the rivers into open sewage 
drains. Environmentalists have repeatedly demanded sewage treatment, 
in vain.

Environmentalists are encouraged by recent developments. "Public 
awareness is a must against environmental degradation," says Supreme 
Court advocate Bharat Mani Gautam. Gautam filed the petition in the 
Supreme Court demanding treatment of sewage before draining it into 
the rivers.

"Together we the people can make things better by pressuring the 
government and the courts," Gautam says, hopefully.

 

© Environment News Service (ENS) 2001

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