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The Commission for the Investigation of Abuse of Authority recently marked the International Day against Corruption with the slogan ‘UN-CAC at 20; Uniting the World Against Corruption’. 

Despite high-sounding slogans, corruption remains pervasive in Nepal and a legal provision in the Commission for the Investigation of Abuse of Authority Act-1991 even prevents CIAA from investigating certain government decisions, including ‘policy decisions’, apart from nexus between powerful elements of our society.   

Section 4 (B) of the CIAA Act states: “The Commission, pursuant to the Act-1991, shall not take any action in matters relating to any business or decisions taken at meetings of any house of Parliament or of any committee or anything said or done by any member at such meetings, or any policy decisions taken by the council of ministers or any committee thereof or judicial actions of a court of law.”

If such controversial provisions are not amended or done away with altogether, nobody can curb corruption in this country, given the tendency to misuse the provision on ‘policy decisions’ to make legally questionable decisions and avoid legal action, among others. Existing corruption laws, particularly the CIAA Act, and Prevention of Corruption Act should be immediately amended to control corruption, which poses a grave threat to democracy, human rights, good governance and the rule of law. 

Ulla Termacs, Danish minister for development co-operation, rightly states: “Corruption in the form of bribery and misuse of public funds is a major obstacle to democracy in many of the world’s poor countries.’’ 

Back to the Big Day. Prime Minister Pushpa Kamal Dahal said on the occasion that his government was committed to ending corruption in coordination with public and private sectors, and civil society members. However, he did not touch upon the topic of legal amendments necessary to combat corruption. 

Apparently, this type of rhetoric is good for raising awareness to end corruption, but never sufficient to end the scourge itself. 

What’s more, corruption has become cancerous in Nepal, so one or two constitutional-legal provisions are unlikely to offer a complete cure, though the measure may be able to curb it a bit. Political will is what is needed to fight this scourge. 

It will be contextual to quote Bhimrao Ambedkar, father of the Indian Constitution, in this context: “However good the constitution may be, if those who are implementing it are not good, it will prove to be bad. However bad a constitution may be, if those implementations are  good, it will prove to be good.” 

PM Dahal correctly stated on the occasion that controlling corruption will be difficult without internalizing international anti-corruption conventions and without making suitable changes in our education policy to spread the message in society that corruption is unacceptable.

If corruption continues to thrive in our country, there will be no room for good governance, the rule of law, progress, prosperity and human rights. 

Our country has witnessed countless corruption scandals, including the infamous Lalita Niwas land grab, the Ncell scam, the 60-kg gold smuggling scandal and the Bhutanese refugee scam, thanks to the association of some powerful names. Much has been written about these shameful chapters. 

Nothing is transparent except corruption in this country and nothing more rampant than corruption, thriving as it is under some very powerful noses. Moreover, policy-level corruption has tarnished the image of the country nationally and internationally. Officials of relevant agencies seem helpless in fighting corruption because they have the obligation to serve their political masters, who appoint them on their respective parties’ quotas. 

Appointment of political parties’ near and dear ones in important positions is also a reason behind unabated corruption. If the parties and the government are serious about controlling corruption, they should discontinue this practice and appoint deserving candidates instead.  

All this takes the ball back to the Prime Minister’s court. 

The PM, who also happens to be the contact agency for the implementation of the UN General Convention against Corruption, should wake up to the threat that corruption poses to the country and do every bit to put an end to it. 

The author is a former vice-chair of Transparency International Nepal

As the English New Year 2024 commences, Nepal is set to host India’s Minister for External Affairs S Jaishankar, for a ministerial joint commission meeting on Jan 4-5. This visit, which follows Prime Minister Pushpa Kamal Dahal’s official visit to India from May 31 to June 2 this year, holds significance on both political and economic fronts. 

At the PM-level meeting, Nepal and India expressed commitment to implementing bilateral agreements signed earlier. In a departure from the past, Prime Minister Dahal refrained from addressing certain important agendas that his predecessors had been raising consistently, including the Nepal-India Peace and Friendship Treaty 1950 and the EPG report. 

This article aims to highlight the significance of Jaishankar’s visit and emphasizes the tone required for advancing bilateral relations in a mutually beneficial and dignified manner.

Review of past pacts

Jaishankar has transitioned from a technocrat-diplomat to a politician and is recognized as a trusted aide to Prime Minister Modi. He has been remarkably successful in shaping India’s future, making India both heard and seen as a global power. With a keen focus on this goal, he shoulders a huge responsibility in upholding India’s relations with global powers and neighboring countries, prioritizing New Delhi’s needs and interests.

His visit to Kathmandu presents an opportunity for Nepal to garner his support in nurturing the relationship between the two countries. Nepal should use this occasion to openly discuss concerns and priorities with the Indian government. This offers a chance for a more meaningful and constructive dialogue, benefiting both nations and their peoples. For this, Nepal also needs rapprochement; Nepal should strive to lead the bilateral meeting toward a positive direction by focusing more on development and economic support rather than engaging on contentious issues.  

It’s crucial for both sides to prioritize implementation of past agreements instead of reaching new deals. It’s imperative for Nepal and India to refrain from signing new agreements or memoranda of understanding, as both nations have already established a comprehensive array of agreements covering various sectors. ‘Customary’ visits of Nepali Prime Ministers to India right after assuming the high office focus more often than not on addressing pending agendas and concerns. A crucial step for both nations is to meticulously review past agreements, assess the progress achieved and focus on effective implementation. 

One significant agreement expected to be signed during the Indian high official’s visit concerns the import of 10,000 MW from Nepal within the next 10 years. Both Prime Ministers have formally agreed upon this, and the signing of this agreement could mark a pivotal achievement for Nepal, which generates surplus hydropower during the rainy season. While increasing domestic consumption is important, Nepal’s current surplus positions it to capitalize on exporting hydroelectricity and ensuring economic gains.

It’s also important for both sides to engage in discussions on the Pancheshwar project, West Seti project, air routes and cultural aspects.

A development focus 

As previously mentioned, the Modi government has showcased India’s burgeoning global prowess. Prime Minister Modi stands among the world’s leaders, sought after for enhancing international relations. Minister Jaishankar embodies the mastermind behind India’s recently heightened global recognition and stance.

As Nepal continues its thrust toward advancing its development agenda, Kathmandu can concentrate more on seeking development assistance and grants. Nepal should prioritize and categorize pending issues on the basis of urgency, urging the Indian side to align efforts with these mutually chosen agendas.

Unresolved border issues require a diplomatic way out. Such issues might take years to resolve, just like border disputes between India and China. Despite their complexity, diplomatic channels remain crucial for seeking a lasting solution.

Nepal should assure full security for India’s investment projects within its borders, particularly joint investment hydro projects. 

While it’s crucial for Nepal to address such issues and maintain institutional memory, it’s equally important not to let them constantly strain relations and overshadow broader positive aspects of their ties. Border disputes shouldn’t dictate a perpetual state of animosity, neglecting other constructive dimensions of bilateral relationship. 

In 2023, media development in Nepal faced significant challenges, marked by increased violations of media rights, government attempts to restrict press freedom, declining trust and influence in media, economic setbacks like decreased advertising revenues and legislative efforts geared more toward ‘control’. However, there were some positive trends, including a slight increase in inclusivity and sensitivity in media structures and content, alongside collective advocacy efforts for labor rights.

Status of media rights

In 2023, a total of 58 cases of media rights violations were documented, slightly higher than the 53 incidents recorded in 2022. According to data from the Federation of Nepali Journalists (FNJ), there were 17 reported cases of attacks on journalists involving both state and non-state actors. Additionally, 25 instances of misconduct and threats toward media personnel were reported between January 1 and December 30, 2023. During the reporting period, FNJ recorded two cases of obstruction, two cases of brief detention of journalists, including the detention of Kanchanpur-based journalists Rajendra Nath and Aiswarya Kunwar, and Makawanpur-based journalist Indra Prasad Banjara. 

During the same period, FNJ recorded 11 cases of professional insecurity, including cases of labor rights exploitation of media workers and one case of gender-based violence (GBV). Notably, police officers, businesspeople, members of political parties, local government representatives, political leaders, medical professionals, owners of cooperatives and government officials, including Chief District Officer (CDO), were the main accused in these incidents.  In 2023 also, mystery continued to shroud the 2010 murder of Jamim Shah and Devi Prasad Dhital remained, pointing at the lack of serious efforts to ensure safety and security of media professionals.

Press freedom and freedom of expression

The Constitution of Nepal 2015, Article 17(2a) in particular, guarantees freedom of expression to all citizens. Article 27 ensures the right to information, allowing people to request and access information in public interest. Additionally, Article 19 protects press and publication rights, preventing pre-censorship, safeguarding communication tools, and ensuring freedom from interference. However, in 2023, there were limited advancements in relation to these legal provisions. A major example that shows Nepal’s lack of inclination to adhere to the freedom of expression is the government’s decision in mid-November to ban TikTok, citing the use of the social media platform in disrupting social harmony instead of bothering to regulate the platform. 

With regard to the right to information, most of the above-mentioned attacks on journalists happened because the latter brought to light things that government authorities, business houses or non-government actors wanted to hide. Proactive disclosure of information, which demands government institutions to share the progress of their performance every three months as per RTI Act 2007, remains an alien concept for government authorities as a brief research of homepages of government ministries and departments shows. 

The findings of the research suggest that very few government entities follow proactive disclosure practices. During the reporting period, National Information Commission (NIC) issued its verdicts on 1000-plus cases or appeals related to the right to information, most of them from businesspersons, political leaders and civil society activists, pointing that ordinary citizens either lack awareness or feel hesitant to demand information using the RTI Act. Lack of public awareness and intent hindered progressive enforcement of the RTI Act along with technical challenges.

While talking about safeguarding against pre-censorship, protecting communication equipment and ensuring freedom from interruption under Article 19, year 2023 did not remain satisfactory. Although mainstream media have enjoyed editorial independence to some extent, there is influence from media owners, advertisers and politicians. An example of clear violation of constitutional provisions on press freedom was the clarification that Civil Aviation Authority of Nepal sought from Rameshwor Thapa, Publisher of Annapurna Media Network and Chair of Simrik Air, over the news stories about poor air services in remote parts of Nepal, which were published in Annapurna Post.  

State media such as Gorkhapatra, Radio Nepal, Nepal Television and Rastriya Samachar Samiti encountered higher levels of government censorship in 2023 as well. A recent example of this was Gorkhapatra daily’s deliberate choice to place the incident, where two young individuals lost their lives during protests over the Employment Permit System (EPS) in Balkumari, Lalitpur, on Dec 29 last year, on the second page, significantly reducing its news value.

Like in 2022, the government made various efforts to curb media freedoms in 2023. For example, National Cyber Security Policy 2080 BS , which was  endorsed in August, 2023, failed to incorporate recommendations from concerned stakeholders and has few objectionable provisions. Currently, the government is planning to introduce three Bills related to the media—the Media Council Bill, National Mass Communications Bill and the Information Technology Bill. Stakeholders do not believe that these Bills have the government’s good intent attached, if lived experiences are any indication. 

Like in previous years, the role of Press Council Nepal (PCN), a media regulatory body, left much to be desired. In 2023, PCN initiated actions against 71 online media platforms, including news portals and online television channels, for violating the code of conduct, but its effectiveness in holding news media accountable remained limited. 

This is because PCN has not been able to serve as an independent watchdog and some of its activities are found to be politically motivated, allowing people to question its independence. 

The term ‘police’ itself carries significant weight and pride. Public trust and confidence in law enforcement hinge on their role as the authority responsible for establishing and maintaining peace and order through the implementation of law. The effectiveness of the chain of command within police is crucial in upholding the trust placed in them, ensuring officers remain conscientious and steadfast in their duties. If this chain of command starts to waver, questions will arise regarding the organization’s ability to function effectively and maintain public trust. These concerns have not only arisen from the public but also from the officers, who have held key responsibilities within the police force. Some retired police officers argue that the chain of command, essential for an organization comprising approximately 78,000 troops, is weakening. If the central structure of command, considered the heart of the police organization, deteriorates, the accountability and a people-oriented approach within the police force will be affected.

And if the leadership of a professional and principled police organization, dedicated to the values of truth, service and security as embodied in the slogan “Satya Seva Surakshanam”, succumbs to political pressure, the organization risks weakening. This compromises its legitimacy, inviting continued scrutiny in the future. The police, tasked with conducting in-depth assessments of overall security, formulating integrated security plans and executing them effectively, must maintain autonomy.

Some retired police officers say they have seen dominance of politics within the structure of Nepal Police in recent times, which is a matter of serious concern. Practices influencing transfers, promotions and professional development of police personnel have taken a toll on the organization's integrity. Such activities may prompt complaints from aspiring police officers, even those aspiring to become Inspector General, who feel their safety is compromised. There is a looming question about the potential professional deviations in police personnel and the insecurity they may face upon retirement due to injustices in their career development. 

Reports suggest that financial transactions with the involvement of power centers play a role in the appointment and transfer of police personnel. It is disheartening that the chain of command within the police force is entangled in these matters, posing a threat to the organization's structural integrity. The fear is that ongoing political interference may lead to a deterioration of the police structure.

A police organization operating on an honest and professional chain of command is not a business entity, an industrial venture, or a commercial organization. Yet, internal competition and dynamics have turned certain activities into open secrets. Accepting maneuvers by police personnel for personal gains, influenced by power centers within political parties, raises concerns about encouraging unethical behavior. The unprofessional competition for the position of Inspector General is viewed as potentially weakening the chain of command within the police. Addressing these issues is crucial for preserving professionalism and integrity of the police force and maintaining public trust.

The imperative for development is pressing in a poor country like ours. Achieving the status of a developing nation requires collaboration at every level. To expedite our developmental pursuits, it is crucial to promptly halt the unwarranted interference of political leaders. The foremost priority is to recognize that restoring peace and security is the initial step toward the country's development. The security organization entrusted with safeguarding the nation and its people follows its own operational methods and procedures. It is not an entity directed by political appointees. However, as the influence of politics encroaches upon this organization, led by an individual with years of experience in a disciplined setting, doubts begin to surface regarding the chain of command and the autonomous responsibilities fulfilled by this crucial institution. When those leading the organization, funded by taxpayers, start functioning like the leaders of sister organizations of political parties, skepticism among ordinary citizens about the police organization becomes inevitable.

The pervasive influence of politics on the daily operations of the police has compromised the trust of honest, professional and dedicated officers, who envision a future in the police profession. The impact of political interference is evident in the skewed career advancement, where some officers, owing to political connections, ascend to higher ranks, undermining professional development of their honest counterparts, who refrain from seeking favor from leadership. Looking back at past events, we see a tense competition for leadership roles within the police force. Unfortunately, even those who attain leadership positions appear hesitant to champion the organization's interests independently, succumbing to pressure from groups with divergent agendas. Instead of prioritizing the welfare of the organization and its dutiful employees, leaders seem preoccupied with cultivating alliances with political parties and their leaders.

It is undeniable that an organization catering to the interests of political parties, despite awareness of wrongdoing within its ranks and leadership, and remaining indifferent to its committed employees, is destined to weaken and deviate from its overarching goals. The persisting question remains: When will the interference of political parties in the chain of command of the Nepal Police cease? It is difficult to find an easy answer to this question.