The regulators themselves are often found to fall far short of their duty, thus rendering legal provisions largely ineffective in many cases

We in Nepal have been worried for years that the rule of law has not been very satisfactory, even more so since the start of the Maoist insurgency two decades ago.

Even more worrying has been the record of the past one decade of the post-Jana Andolan II and the epochal political changes that have happened since then.

The question that is most often asked in the country today is when the country will have permanent peace and stability and a rapid movement towards economic progress by successfully ending the long political transition.

There is still doubt in many quarters whether the final leg of the peace process or political transition will be successfully completed by the constitutionally-mandated date by holding the elections to the three levels of the country’s legislatures – local, Pradesh and federal. In this atmosphere of uncertainty and doubt here, Nepal is shown to have slipped six ranks to 63rd position in the Rule of Law Index-2016 prepared by the World Justice Report.

This slip in ranking does not seem to be surprising but what is still noteworthy is that the country has been placed ahead of six other South Asian countries that have figured in the Index.

According to the Washington-based organization, Nepal’s slip this time has been primarily driven by deterioration in the area of order and security. The Index this time has expanded its coverage to 113 countries and it relies on more than 100,000 household and expert surveys to measure how the general people in their respective countries feel the ‘rule of law’ to be like in practical and everyday situations.

Performance is measured using 44 indicators across eight primary factors.

These eight factors are constraints on government powers, absence of corruption, open government, fundamental rights, order and security, regulatory enforcement, civil justice, and criminal justice.

On the above-mentioned broad counts, many Nepalese feel the need for substantial improvements. For example, on corruption the grim situation is deeply felt by almost every Nepalese where the custodians themselves come under serious public doubt regarding their ability to deliver prompt and impartial services within the Constitution and laws of the land.

Abuse of power and practice of corruption with a large degree of impunity are rife. Despite the guaranteed fundamental rights for the citizens, serious problems have been seen in their practice.

In regulatory enforcement, the regulators themselves are often found to fall far short of their duty, thus rendering legal provisions largely ineffective in many cases.

The law and order situation has to improve considerably in the country, all the more so in certain areas, and this shortcoming has reduced the level of public security.

Civil justice and criminal justice systems are also very slow-moving and need to make the general public greatly confident in their proper delivery. But there are silver linings too. But the overall situation has to settle down to make rapid progress on the given counts of the rule of law.

Perfection is impossible in this regard, but the government and all concerned should try their best to move very close to the ideal.

Air quality

The government’s plan to install 15 air quality monitoring stations across the country has been in limbo as the first three such stations have yet to kick start.

The first three air monitoring stations were to be set up in Ratnapark, Pulchwok and Dhulikhel. But none of them have come into operation due to “technical difficulties”. The first air quality monitoring was started in 2002 with foreign aid but they were closed in 2009.

After the project was handed over to the government it failed to carry out the job due to a row between the government and the Environment and Public Health Organisation which was assigned to monitor air quality in the Valley.

The aim of the air quality monitoring stations was to measure the level of carbon monoxide, sulphur dioxide, nitrogen oxide and ozone in the atmosphere.

The air quality monitoring stations are a must as air quality in the Valley and in other urban centres have been deteriorating due to over population, haphazard construction practices and unplanned brick kiln factories set up close to human settlements.

Monitoring of air quality itself is not enough. Its finding must be implemented by the government to maintain minimum level of public health.