Anniversary special: Shadow of corruption
Although Nepal this year has fared better in Transparency International’s ratings and climbed up its list of least corrupt countries, the country remains in the red zone. By getting 34 out of 100 ranking points, Nepal is 113th among 180 countries. The TI categorizes countries with less than 43 marks as corrupt. The TI’s ‘Corruption Perception Index’ is considered a credible global rating, with foreign investors, consultants, and contractors closely tracking it. Clean companies choose less corrupt countries. Ailing and corrupt ones look for places where they can manipulate politicians and bureaucrats. Commission agents who have good contacts with such unscrupulous contractors and consultants come into play.
This corrupt nexus is the reason big projects involving foreign consultants and contractors suffer. Their budget keeps rising but works never get done on time. Contractors run away, work is sub-standard, and unscrupulous parties are spared punishment. But the TI ranking does not consider such contractors and consultants.
Be it Kaligandaki or Melamchi, Middle-Marsyangdi or Sikta, big projects face many crisis. The Kulekhani-3 hydro, which was to be ready within three years, took 11 years for completion. Upper Tamakoshi is already three years behind; it is 98 percent complete, the contractor’s wrongdoing stalls the rest of the work. The delay adds a daily cost of Rs 50 million on state coffers.
The initial cost estimate of the Middle-Marsyangdi hydropower was Rs 13.65 billion (174 million euro). The German government had pledged 128 million euros in grant and Nepal government had to pitch in only 46 million euros. Nepal was happy, and the project took off. But then, because of variation order, contractor claims, inflation, exchange rate changes, and added interests due to delays, the cost increased by Rs 14.4 billion. The grant amount did not change but Nepal’s share leaped from 46 million to 190 million euros.
On the other hand, the contractor of Melamchi ran away when the drinking water project was about to be completed. The contractor of Tanahu hydro followed suit.
Most projects meet with similar fate. But nobody seems to question the roles of the political actors and bureaucracy in them. Nobody seems to be concerned about the roles of foreign consultants and contractors. No one ever tries to figure out: “Why do contractors abandon projects in the middle?”
The government has announced ‘zero tolerance’ on corruption, which buttresses the slogan of ‘Prosperous Nepal and Happy Nepali’. But the government has to constantly grapple with multiplying project costs, perennial delays, and inability of state mechanism to spend capital money. Six months into the fiscal year, the government can make only 13 percent capital expenditure. Frequent transfers of project chiefs and accountants due to consultant-contractor ploys and political interest is one big reason.
Despite the government’s liberal policy, spending in productive sectors is declining. Factories are closing down. Investors complain of government red-tape, unsupportive attitude of officials, corruption, and bribery. They say they have to ‘buy’ even the rights enshrined in the law. This discourages investors.
Not only does corruption hinder economic development, it also creates unequal societies. Money gets piled up with a handful people, while the poor get poorer. But there is another consequence of it: The money earned through corruption travels abroad. It drains national capital. The trend of accumulating money and taking it abroad started from the time of Rana Prime Minister Bir Shumsher when the rulers used to transfer Nepal’s vast riches to India and Britain. The practice got institutionalized and it continues till date. Businessmen and their allies in high offices siphon off black money to foreign lands via hundi. Black money earned in Nepal is exchanged for money earned abroad by migrant workers, which they keep there.
In 2002, the CIAA started taking action against public officials who lived lavishly but were unable to show a credible source of income. That encouraged corrupt officials to keep properties in the names of family members or to ferry them abroad.
The Transparency International Index shows that the most corrupt countries are also the poorest. Controlling corruption is the first condition for economic prosperity. For corruption breeds underground and parallel economies. The fate of our development projects, industries, and government-owned enterprises is a good indicator of this.
Nepal suffers from both big and petty corruptions. Big-scale corruption is institutional, and associated with big infrastructure projects, aircraft purchase, project licensing, equipment purchase, leasing out government land, among others. To avoid investigation, these decisions are made by council of ministers. Petty-scale corruption is seen in police and administrative officials, as bribes are sought from service seekers at labor, land revenue, immigration, and transport offices.
This is not something we want. There will be good governance in the country only when it is corruption-free. And only then will Nepal prosper O
The author is the Editor-in-Chief of Annapurna Post and frequently writes on corruption
Anniversary special: Nepal’s ambiguity-filled federalism
There is a flawed understanding that fiscal federalism is applicable only in a federal set up. It can be practiced even in a unitary system. In our context, we had exercised a good deal of fiscal federalism in the past. There are mainly four pillars of fiscal federalism.
The first is function analysis or expenditure assignment. This means allocation of specific responsibilities to federal, provincial and local level governments. Even in the past, we had decentralized some rights and duties through legal arrangements. Our constitution has provided 35 exclusive rights to federal government, 21 to provincial governments, and 22 to local governments.
There are concerns about different areas related to expenditure assignment. The provision of fiscal transfers and grants is clearly mentioned in the new constitution, paving the way for its immediate implementation. The government has done a praiseworthy job on the management and transfers of civil servant.
The second pillar is revenue assignment. Even in the erstwhile unitary state, municipalities and rural municipalities were granted some revenue-related rights. The new constitution has not provided much revenue-related rights to provinces.
The third pillar is related to grants, which falls under inter-governmental fiscal transfer. In terms of federalism, we are highly decentralized. But that applies only to works and duties. Most of the rights are given to provincial and local governments. For instance, local governments have the right to decide on educational matters from primary to the higher secondary levels.
Similarly, provinces have the right to decide on tertiary institutions of education, or universities. Moreover, all functions related to drinking water, agriculture and livestock, and 80 percent of the functions related to rural roads are with local governments. But institutions are the same. Expenditure assignment is constitutionally highly devolved but the revenue system is highly centralized. Only the roles and responsibilities are given to local levels, but no rights related to revenues.
There could be certain reasons behind centralizing the revenue system. More than 80 percent of the rights related to revenue is retained by the central government, whereas 60 percent work is devolved to the local governments. In principle, there should be a balance between allocation of responsibilities and revenues. Here, it is relevant to discuss the third pillar: inter-governmental transfer of funds.
Though we have centralized the revenue system, we have decentralized the distributions of revenue through laws. Revenue collection is decentralized as around 96 percent of it is collected from 15 districts. But we have 77 districts, and the government has a responsibility of looking after all districts and provinces. Again, 50 percent revenue is collected from customs points, which is the major source. Revenue control is centralized, and funds are transferred to the local levels as grants. This forms the third pillar.
Now, provinces and local governments get four types of grants—fiscal equalization, conditional, complementary, and special grants. Around 30 percent of the total budget is transferred to local government units. In terms of revenue, we transfer 48 percent revenue to provincial and local governments.
Canada transfers highest amount of fiscal money to its local levels (49 percent), while the US transfers about 35 percent. Compared to those countries that embraced federalism two to three centuries ago, the condition of our fiscal transfer is better.
In our country, 15 districts collect 96 percent revenue. The Karnali and Sudur Paschim provinces collect less than one percent. Over 60 percent revenue is collected from Bagmati Province, most of which is sent to provinces as grant. We have a constitutional body called the National Resources and Fiscal Commission which recommends the distribution of revenues to all three tiers of government. There is also a constitutional provision that provinces have to transfer fiscal resources to local units.
The fourth pillar of fiscal federalism is the right to take loans. Local and provincial governments can take loans from the federal government based on the recommendation of the National Resources and Fiscal Commission.
Confusions related to expenditure assignment need to be cleared, and calls for our immediate attention. There is an overlap in the functions of the three tiers of government. For instance, all three tiers are involved in road construction. There should be clarity about who does what. The federal government should remain within constitutional boundaries, which is the biggest challenge of federalism. Local governments say they face obstacles from the provincial and federal governments. The provincial governments blame the federal government of interfering in its jurisdiction.
Another issue that needs our attention is that institutions have not gone to local levels with due responsibilities and rights. Although the constitution has given them rights related to education and agriculture, local governments complain the federal government is building parallel institutions to interfere with these rights. This is like a parallel government, which should not be there. In terms of revenue, provincial and local governments have similar rights, creating confusion over distribution of resources.
We could have done much better. The fiscal commission has not been effective. Institutions related to federalism should work smarter. But despite everything, we have made good progress on fiscal management. The bureaucracy has done well even in the absence of political leadership. We have allocated common and separate rights to the three tiers of government, but it has been the bureaucracy that has carried out most of the work.
Over 60 percent expenditure of sub-national organizations is managed through grants. But the transfer system is opaque. There have been complaints that more budget is allocated to electoral constituencies of political leaders. We also need to look after Karnali and Sudur Paschim provinces. For that purpose, we have to develop a scientific framework and ensure equal distribution of funds
The author is a fiscal federalism expert
(Based on a discussion with Kamal Dev Bhattarai)
Anniversary special: Is FDI in hydro justified?
An old debate continues to fester in Nepal: Do we need foreign investment in hydropower? There has always been a tendency in the country to please foreign investors. The past experience of foreign investment in hydropower had proven costly. But thanks to lucrative commission high-level state officials pocket from them, we are surrendering one after another hydropower project to foreigners—and for questionable returns.
The former CPN-UML contributed to the cancellation of Arun III. Instead, we signed dollar agreements for Khimti and Bhote Koshi, and the country will continue to pay for these projects in dollars for at least another decade. All major political parties were united in this open loot. There was a lot of hullaballoo over building Budhi Gandaki with Nepal’s own money, and even a petrol tax was raised for the purpose (with the total coming to Rs 37 billion). Yet the project was ultimately awarded to a foreign company via unscrupulous middlemen. Even if political parties disagree on many things, they are one when it comes to pocketing big commissions. The same happened with Budhi Gandaki. Nearly all the projects undertaken with foreign money have been made deliberately expensive. When the World Bank’s IFC entered Khimti, even the PPA rate was revised. These projects given to foreigners generate only a third of the installed power capacity, and yet the state will continue to pay them for 30-35 years.
In this context, a few weeks ago, there was a financial agreement on Trishuli-1. The project would reportedly generate 1,00MW during the winter, and 216MW in the rainy season. Initially estimated at Rs 35 billion, the final project cost ballooned to Rs 65 billion.
Of that money, around 80 percent will be repatriated. Some construction materials and semi-skilled laborers will be Nepali, and some electricity would be added to the grid. But this project has also hindered the entry of Nepali investors into the sector. The PPA of Nepal’s private sector has been stopped after the project’s ‘connection agreement’. The problem of adjustment of its monsoon-time electricity will be a headache, as NEA has to pay in dollars for spill energy. Interestingly, in this project, the longer the electricity is sold, the more costly it will get.
Certainly, there can be no investment without guaranteed return. But we need the kind of investment that benefits both the investors and the country. Here, all benefits accrue to foreign investors. The state is forced to guarantee investment, provide services, and limit its investment in other neighbors.
Yet domestic investors cannot repay their loans even after generating much electricity. If only 10 percent of the facilities provided to foreign investors are given to our own investors, plenty of investment can be generated from within the country itself. Yet no such concession is made to potential domestic investors. For instance, the stated government policy goal of getting domestic investment to reduce energy emergency has not been implemented even after it was passed by the parliament. This double standard is at the heart of our hydropower crisis.
Whenever the private sector tries to enter hydropower, the government functionaries rise up to thwart it. A cabinet decision is needed just to cut down a few trees. It takes years to conduct Environment Integrity Index (EII) or Environmental Impact Assessment (EIA). There are hurdles every step of the way, from land acquisition to custom clearance. Generally, there are no such hurdles in the case of foreign investment.
Where we really need foreign investment is in reservoir-based projects. But seldom do the private sector enter these projects as there is no profit. (For instance, Budhi Gandaki’s payback period is assumed to be around 18 years.) The private sector cannot pay for West Seti: There is again a long process of payback and the market is uncertain. So why are foreign companies investing in Nepal?
As a Chinese company is interested in Tamor (667MW), Nepalis are excited. But the kind of conditions the Three Gorges forwarded in the case of West Seti will also be replicated in this case, as there is no fixed market for it. Will the Nepal Electricity Authority buy its power tomorrow? At a time the Three Gorges did not trust the NEA with West Seti, in which the NEA itself was a partner, how can it trust the NEA in other projects? This only risks hold-up of licenses.
As it is confident that nobody will come forward to build Tamor easily, the BPC has been sitting on Kabeli A (37 MW)—which could be sunk by the building of Tamor—as it expects compensations even without building it. The government has just sold Tamor to a Chinese company, with an MoU signed between Nepal’s Hydroelectric Investment Development Company Ltd. (HIDCL) and Power China Corporation. But the project’s future remains mired in uncertainty.
In Tamakoshi III (650 MW), Norway’s SN Power could have come. This world-famous company had no shortage of equity. But why didn’t it? How can a company backed by a dubious broker named ‘Hey Narayan’ enter a project when the SN Power dared not? Our rulers know foreign investors are not attracted to Nepal’s hydropower. If a PPA is to be opened in the models of Khimti, Bhotekoshi, Upper Marshyangdi, and Chilime, there will be a surfeit of investment.
If there is an agreement on division of spoils among political parties, such agreements will continue to be struck. But where will the power they generate be sold? The political leaders who give orders don’t even need to sign anywhere to be eligible for such commissions; they can just verbally instruct the officials of the Investment Board or the Ministry of Energy. Unless there is a mandatory provision of signatures of the leaders who issue such diktats, they will continue to sell our rivers.
Again, we need investment in reservoir-based projects. But these are not financially attractive. When the private sector does not step forward, the government should step in. We import electricity worth Rs 24 billion, send out even more money in the import of petroleum, and yet we don’t have many avenues to increase our exports and reduce our trade deficit. Reducing imports is tantamount to increasing exports. Yet we have no policy to replace imported energy and petroleum with our home-generated power.
Our political leaders seem to have little time to think about the country’s long-term and strategic interests. If they did, the mighty two-third government with a finance minister with a sterling resume would have started construction of reservoir-based projects with state investment. Yet we are forced to continue to indulge in gimmicks like re-exporting palm oil to India to reduce our trade deficit.
There is neither energy security, nor have domestic investors gotten justice. There is a kind of prohibition on the domestic private sector from investing in common (run-of-the-river) projects. Yet foreign investment in such projects is welcomed. We need foreign investment only when our domestic resources are inadequate. If the government has a policy of building reservoir-based projects with the help of private sector, we need not always look up to foreigners. Only then will the country be self-sufficient in energy.
When will the NEA make Upper Arun and Sunkoshi, and when will they start producing power? We also don’t know about the future power demand when they finally come on stream. Thus a kind of darkness has descended on Nepal’s power sector as there is no fixed goal, or imagination. We continue to import electricity despite our huge production potential, we cannot consume the generated power, and we continue to rejoice at foreign investment. How long will this trend continue?
The state does not want to invest in reservoir-based projects as the ruling parties have to dole out money for its leaders and cadres by entrusting other kinds of projects to foreign companies. When will our leaders learn to think beyond their immediate interests?
The author, Editor with Annapurna Post, is a veteran hydropower analyst
Anniversary special: Advertising in the changing mediascape
Just like other growing sectors, the Nepali advertisement industry has been evolving and growing in its own unique way. This sector has undergone big changes, which comes with increasing challenges.The contemporary advertising sector of Nepal faces multiple challenges. It lacks adequate manpower, effective plans and policies, as well as competent agencies. But the absence of an advertisement board and an advertising regulatory body are our major concerns at the moment. These two organizations are supposed to control the unnecessary flow of advertising, categorize advertising agencies according to their capacities, and look after other issues that affect advertising. But we don’t yet have any such body.
We have talked to the Ministry of Communication and Information Technology several times in this regard. According to officials, these bodies will be formed soon. When that happens and the bodies come into operation, Nepal’s advertising sector will gain new height. In that case I foresee much progress in this sector.
Another big issue is the steadily increasing number of media outlets. Many media houses have vested interests rather than the motive of informing people responsibly. Such media also form their own advertising agencies to make easy money. It is difficult to say whether they are real media to inform people or fraudulent businesses to make money. This practice harms genuine ad agencies.
Also, there is unhealthy competition between media houses over advertising. Some media outlets run advertisements for the sake of visibility, without signing any contract. So although they seem to be running many ads, they don’t make money and can’t pay their employees.
To resolve the issue, media houses and concerned people should be able to discern proper ways to advertise. They need to distinguish between experienced advertising agencies and novices. Placing all agencies in the same basket will be unfair to us. We must sit together, have proper coordination, and work together to find a way out.
On the other hand, the print media are running weak content these days. They have lost readership for this reason. For instance, different newspapers give different data for the same news. If there is a bus accident, one newspaper will report the death toll as five, another reports 10 deaths and, a third, 15 deaths. Confused readers will then lose trust in the papers. Because of this paper readership is shrinking, affecting the advertising sector. Besides, the emergence of digital media and smartphones has significantly lowered the scope of newspapers.
In the past one and half years, digital media has robbed at least 25 percent of the print media’s market. The flow of advertisements to the print media has dropped by 40 percent, which has been captured by the digital media. Smartphones and reality shows have a big role in this. The only possible way to overcome this situation is for the print media to focus on winning public trust through reliable and worthy content.
As the chairman of the Advertising Agency of Nepal (AAN), I have been trying for the past one year to boost this sector’s growth. Finally, the government has decided to introduce clean feed—a provision by which the content of foreign TV channels will have no advertisement. As per the clean feed policy, only advertisements created for Nepal with local content, characters, and language can be aired. I am hopeful that clean feed, which will be implemented from October 23, will be a boon for Nepal’s advertising sector.
We also lack an advertisement act and a code of ethics, another essential area that we need to consider if we are to lift the advertisement sector. The government should look into this at the earliest.
The ad sector is directly related to the country’s economic growth, as the ad industry plays a big role in promoting economic activities, and vice versa O
The author is Chairman, Advertising Agency of Nepal (AAN)
(As told to Prasun Sangroula)



