KATHMANDU, APRIL 10
The National Human Rights Commission has drawn the attention of the government to the need to ensure the fundamental right of citizens to live in a clean and healthy environment, in the context of worsening air pollution.
Nepal has been among the top of the world's list of most air polluted countries for several years, and this year's list has highlighted a myriad of serious health consequences for its citizens, despite constitutional provisions to the contrary.
Article 30 of the Constitution of Nepal provisions the Right to Clean Environment. "However, the country has been afflicted due to poor implementation of the policies and plans." Article 30(1) stipulates,
"Every citizen shall have the right to live in a clean and healthy environment." Similarly, Article 30(2) reads, "The victim shall have the right to obtain compensation, in accordance with law, for any damage caused by environmental pollution or degradation."
The National Human Rights Commission issued a statement on Wednesday, stating, it is closely monitoring the escalating air pollution and its impact on citizens' health.
"However, due to forest fires, the use of firewood and animal dung as fuel in rural areas, the use of petrol and diesel vehicles, old vehicles, industrial waste, and transnational air pollution, among other factors, air quality levels in most parts of the country, including Kathmandu Valley, have exceeded the particulate matter ( PM 2.5). The figures are significantly higher than those set by national and international organizations."
During the initial monitoring, it was discovered that 15 of the 27 air quality measuring devices installed in Nepal were not operational, according to NHRC.
"Air pollution that exceeds the prescribed standards has severely harmed the health rights of the chronically ill, senior citizens, children, newborns, pregnant women, and specially-abled people," said Spokesperson Tikaram Pokharel.
Several studies have revealed that air pollution kills 7 million people worldwide each year, depriving them of their right to life.
"More than 42,000 people die in Nepal each year as a result of air pollution. Air pollution is responsible for over 5,000 deaths each year in the Kathmandu Valley alone," said Pokharel.
Meanwhile, during the monitoring, NHRC discovered that the most common conditions were long-term lung diseases, heart disease, strokes, and respiratory infections.
According to NHRC, Section 15 of the Environment Protection Act, 2019 of Nepal, prohibits the emission of waste in violation of the prescribed standards. The section also states that the government of
Nepal can determine the necessary standards to mitigate or eliminate the effects of pollution from motor vehicles, devices, equipment, industrial enterprises, hotels, restaurants, and other places.
However, despite efforts by all three levels of government to ensure citizens' rights to a clean and healthy environment, including quality air, the commission stated that citizens' right to life has not been guaranteed.
Furthermore, an annual report should be prepared and submitted as required by Section 40 of the Environment Protection Act of 2019. However, it has yet to be made public.
Speaking with THT, Joint Secretary Pokharel stated that "there are certain things that the government can do to immediately curb pollution, such as replacing old vehicles, holding industries accountable, and using new technologies."
However, there are some things over which no one has any control. That is transnational pollution. "Our neighbours are emerging powers, and their construction work and company's emissions are impacting Nepal dearly. In this case, I believe our government should seek compensation through international forums, holding polluters accountable," he added.
