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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

When greed and shortsightedness are primaries in scheming economic policies and adopting other policies that have their roots in political instability and political impulses, nations fail, nationals are dissatisfied and the private sector is discontented.

Greed is reflected in policy-making and policy implementation. Sectors like infrastructure development, administration processes and contract administration offer examples. Greed has been the root cause for institutionalization of corruption and bribery. Incompetence, ineffectiveness and inefficiencies are on the rise in Nepal where economic policies derive through political desires to acquire wealth for political parties as well as for individuals. Unwarranted and self-interested longing for wealth and power on the part of powers that be results in poor infrastructure development works that takes a huge toll with development efforts producing sub-standard and unacceptable outcomes. 

Institutionalization of corruption, greed-led policies, programs and contracts is emerging as one of the major ‘threats’ for Nepal’s sovereignty, national identity and stability. 

Scams like the Lalita Niwas land-grab offer an example. Nepal’s Parliament remains susceptible to greed-led policies even as some voices continue to challenge such policies. 

In national policies, the occurrences of greed can have across-the-board outcomes. The aim is to observe the repercussions of greed-led national policies and examine their prospective magnitudes on numerous compasses, including economics, social welfare and governance.

Characterizing good governance

The availability of international aid and loans largely depends on the extent of good governance in a recipient country and efforts toward development. Good governance-documented literatures are as old as human civilization. They lay stress on curbing corruption, hearing the voices of the marginalized/underrepresented peoples in decision-making, addressing the needs of the society and maintaining applicable standards of the finished work. Good governance is accountable, consensus-oriented, effective and efficient, equitable and inclusive, follows the rule of law, is participatory, responsive and transparent. 

Governance is often led by fear and greed and an insecure personal character. Fear that an individual is not capable enough to be placed in a favorable position where there is more budget. Personal behavior, also known as the greed personality trait (GPT), is personified by the craving to obtain further and the discontent of not ever having adequate, a trait associated with negative emotions/effect characteristics and aggressive conduct. These negative traits are turning into a national character, a setback for policy-making and forming a greed-free society in the long run. 

There is an involvement of several formal and informal actors as well as the civil society in governance. It may be a political cadre, who can influence decision-making in the interest of international donors that come with monetary pledges. Governments at various levels are one of the actors. Other actors can be landlords, heads of various associations, cooperatives, NGOs, INGOs, research institutions, religious structures and leaders, finance institutions, political parties and the military. They all can play important roles in making/shaping policies. Also, organized crime syndicates have influence particularly in government structures at the national level where decisions are arrived at and implemented. Informal decision-making structures like informal advisors, kitchen cabinets, land mafia and powerful families can influence decision-making, which often result in corrupt practices. 

The 21st century global economic crisis or financial crisis of 2008 highlighted the obsession and eventual ferocity of greed. It was an illustration of the type of recurrent greed that is prevalent in the economic system. The Asian Financial Crisis 1997 is another example of political inaccuracy in economic policies that impacted Southeast Asia.

Democracy sold out

Nepal has her own characteristics and own identity that need strengthening through democracy, but the opposite is happening. Greed-led practices to gain wealth for personal well-being are rampant, causing the investment meant for the nation to go waste.  It can be argued that the nature of corruption in democracies and autocracies for reforms are mere facades as there is corruption in infrastructure, tax collection, cross-border trade and government procurements.

This is part I of a two-part-series. 

The author is a Strategic Analyst, Major General (Retd) of the Nepali Army, and is associated with Rangsit University, Thailand

The team representing the Campaign for Nepali Congress Transformation today called on Prime Minister Pushpa Kamal Dahal and demanded the government take action against all those found indulging in corruption.

The team urged the government to act tough against corruption to promote good governance in the country.

The delegation comprising Madhu Acharya, Jagadishwar Narsingh KC, Bhupendra Jung Shahi, Khagendra Malla, Janardan Acharya, Shanta Bastakoti and others had been at Baluwatar, the official residence of the Prime Minister, to urge the PM to ensure impartial investigations into the Lalita Niwas land procurement scam and to hold accountable all individuals proven guilty in the case. 

The team also drew the government's attention not to harbor any political favor towards and prejudice against anyone in the investigation in relation to the gold scam and to conclude the case impartially. The delegation also called for thorough investigation into the fake Bhutanese refugee scam and to bring it to a conclusive resolution.

The delegation stressed the significance of holding anyone involved in corruption accountable, regardless of their political or social status.

In response, the Prime Minister assured the delegation that the government is committed to concluding all the corruption related cases with impartially and seriousness.  

The Constitution of Nepal 2015 has granted the Commission for the Investigation of Abuse of Authority (CIAA) the authority to examine allegations of abuse of authority against public office-holders and their aides.

In its early years--before the 1990s—the CIAA had played an effective role in curbing corruption. Over the years, the effectiveness of the constitutional anti-corruption agency has taken a beating, thanks to its rampant politicization. This has increased distrust, of the ‘small fry’ in particular, toward the agency.

Apart from a shortage of qualified personnel, CIAA also faces financial and technical limitations. Notably, it relies on support from the Nepal Police as it does not have an independent enforcement team of its own. I don’t oppose political appointments within the CIAA, but it is crucial to appoint competent and trained individuals to boost its performance. The emphasis should be on appointing officials who can act fearlessly and produce results.

The author is a former CIAA commissioner

The US Department of State’s Coordinator on Global Anti-Corruption Richard Nephew paid an official visit to Nepal this past week. According to the US embassy in Kathmandu, Nephew discussed with Nepali officials the progress regarding Nepal’s anti-corruption commitment as part of Summit for Democracy, and pledged US commitment to supporting Nepal’s efforts to eradicate corruption.

Nephew’s visit comes at a time when Nepal is investigating some big corruption scandals such as the fake Bhutanese refugee scandal, Lalita Niwas land grab and Kathmandu airport gold trafficking case. The US anti-corruption head also met Deputy Prime Minister and Minister for Home Affairs Narayan Kaji Shrestha and the leadership of the Central Investigation Bureau of Nepal Police. 

Fighting corruption is a key component of US foreign policy. In response to ApEx’s email inquiry about Nephew’s visit, a US State Department spokesperson said: “We know as a universal truth that corruption erodes public trust in government and democratic institutions, deepens poverty and inequity, threatens public security, and stifles opportunity and growth.”

“It affects people in virtually every aspect of their daily lives, draining vital resources. That is why President Biden has designated the fight against corruption as a core US national security interest and why Coordinator Nephew’s mission is so important.” 

During his two-day Nepal stay, Nephew met with various Nepali officials  to learn about corruption challenges and to confer on how the US can help address these issues as part of overall Nepal-US partnership.

The US State Department spokesperson said Nephew was not in Nepal to see the progress on any specific case of corruption. In response to ApEx’s inquiry, the spokesperson said: “Just like any allegations of corruption, the current allegations of corruption and the unlawful fabrication of refugee documents in Nepal are concerning.”

This is probably the first time the US has expressed concerns over the fake Bhutanese refugee scam.  

“We understand Nepali authorities are investigating the allegations and hope they will quickly determine what transpired, hold perpetrators accountable, and deter future corruption cases in accordance with the law and the Nepal government’s commitments to transparency and accountability,” said the spokesperson.

“The United States has consistently supported Nepali government and civil society efforts to root out corruption. Transparent investigations into allegations of corruption demonstrate to the Nepali people that no one is above the law.  We commend actions by the Government of Nepal to bring truth to light in accordance with rule of law.”

Between 2007 and 2018, the US has welcomed tens of thousands of Bhutanese refugees formerly residing in Nepal as part of our global commitment to support refugees. The program has since ended, and there were no significant concerns regarding fraudulent activity associated with that resettlement process, said the spokesperson. 

Of late, visiting US officials have been raising corruption eradication as a key agenda to strengthen democracy. Earlier in January, US under Secretary for Political Affairs Victoria Nuland talked with Nepali politicians about the need to continue fighting corruption.

 The Biden administration in 2021 unveiled the US Strategy on Countering Corruption. In June that year, Biden said that corruption threatens United States national security, economic equity, global anti-poverty and development efforts, and democracy itself. “But by effectively preventing and countering corruption and demonstrating the advances of transparent and accountable governance, we can secure a critical advantage for the United States and other democracies,” he added.  

In Nepal, three corruption scandals—fake refugee scandal, Lalita Niwas land grab and gold smuggling—are under investigation. On the fake refugee case, the CIB has already filed cases against more than one person including former home minister, Bal Krishna Khand, and CPN-UML senior leader Top Bahadur Rayamajhi.
The CIB has also reopened the file on Lalita Niwas land grab case in which two former prime ministers Madhav Kumar Nepal and Baburam Bhattarai have also been implicated. The CIB is also investigating the gold trafficking case from Kathmandu’s Tribhuvan International Airport in which the involvement of high profile business persons and politicians has been suspected.

The government has started opening corruption files and arrested some high-profile figures. But these probes remain incomplete. In particular, the government appears to be shelving cases that can drag individuals associated with the CPN (Maoist Center). I firmly believe that the Bhutanese refugee scam involves more people than those subjected to investigation.

The government has chosen to spare them. 

The Lalita Niwas land-grab and the 100 kg gold case are no different. In the Lalita Niwas scam, the court had to intervene and direct the government to subject ex-PMs to investigation. Where were the law enforcement and other government agencies before this order? 

In corruption scandals, top brass of major parties tend to protect those close to them. This is indicative of prevailing consensus on corruption. While I do not question the Home Minister’s integrity, both the opposition and the government are trying to bar him from discharging his duties.

The author is member of federal parliament 

Prime Minister Pushpa Kamal Dahal has said the government's campaign against corruption, misconducts and smuggling is not a political stunt and guided by the feeling of impulse.

In his address to the announcement of a 'front' of students’ unions close to the parties in the recently formed Socialist Front here today, the Prime Minister said," The government has launched a campaign against those misappropriating public property and engaging in human trafficking. This move will not end here, but will continue until it is won. This battle is not driven by any impulse or a political maneuver; rather it is intended at serving the collective interest of the Nepali citizens."

During the program, the Prime Minister said many cases of corruption would be open in the days to come.  He said that the government's sole efforts are not enough to curb corruption, instead mass support and cooperation are vital for the same. "We require the support of the Socialist Front.  We will win this battle if mass support is ensured. "

The Prime Minister took time to say that the government would be presenting the Federal Education Bill to the House on Tuesday.

The document will be passed by the Cabinet before taking it to the House, according to the Prime Minister who believed that the bill would find a road map for improvements in the education sector.

The Prime Minister added that various posts lying vacant at the Tribhuvan University Education Commission and other universities would be fulfilled soon.

Search is on for High Level Education Commission's report

PM Dahal said that a search is on for the report of the High-Level Education Commission. The report prepared during the term of the government led by the then Nepal Communist Party has not been made public.

He said that although the majority members of the then party were ready to make the report public and implement it immediately, the then Prime Minister was not ready to do so.  PM Dahal added that a search has been started for finding that report.

According to him, a consistent search was initiated for tracking down the report after he became the Prime Minister, but it has not been found. He informed that he also had concerns with the then Education Minister Giriraj Mani Pokharel about the report and Pokharel told him that he submitted it without even keeping its single copy with him.

Stating that a big political change was brought through peaceful and armed struggle and the education, health, employment and the right to food have been enshrined as the basic rights in the Constitution, Prime Minister Dahal reiterated that the socialism that is provided for in the Constitution would be implemented in practice. 

He said that the government is taking ahead some important work with the preparation of installing the embryo of socialism in the education sector.  

Stating that several attempts were made to create confusions and bring about misunderstanding among the leaders also even after the formation of the Socialist Front, PM Dahal said the leadership is ready to move ahead by defeating all these conspiracies.