Corruption Legalization Issues in Nepal

Aug 22, 2024

Notes on Corruption Legalization in Nepal

Overview

  • Corruption is becoming legalized in Nepal under KP Oli's government.
  • Amending laws to cover up previous corruption scandals.
  • Anti-Corruption Act, 2059 (2002) amendments aim to prevent prosecution of corrupt individuals.

Anti-Corruption Act, 2059

  • Established to prevent and punish corruption, ensuring rule of law.
  • Enacted during King Gyanendra's rule.
  • Defined prosecution methods and punishments based on sum misused.
    • Example punishments:
      • Misuse of up to 25,000 rupees: Up to 3 months in jail.
      • Misuse of over 1 crore rupees: 8 to 10 years imprisonment.
  • Included non-monetary corruption forms and associated punishments.
  • No urgent need for amendments, but politicians fear being caught.

Recent Developments

  • Increase in corruption cases against UML and Congress leaders.
  • Leaders pushing for amendments to protect themselves from prosecution.
  • National Assembly passed the amendment bill without proper review.

Current Status of the Bill

  • The bill is with the House of Representatives' State Affairs and Good Governance Committee.
  • Ram Hari Khatiwada (Nepali Congress) chairs the committee, which includes prominent MPs.
  • KP Oli urged committee members to pass the amendment bill quickly.

Controversial Aspects of the Bill

  • Clause 16: Introduces a statute of limitations on corruption cases.
    • Cases must be filed within 5 years of the incident becoming known.
    • Previous law allowed for cases to be filed at any time.
    • If passed, all corruption cases prior to 2077 BS will be closed.

Specific Cases Affected

  1. Lalita Niwas Land Case (2066/67 BS)
    • Involves Baburam Bhattarai, Madhav Kumar Nepal, etc.
  2. Bansbari Land Case (2038 BS)
    • Involves Congress MP Binod Chaudhary.
  3. Wide-Body Aircraft Purchase Case (2075 BS)
    • 24 billion rupees scam involving former tourism ministers.
  4. Giribandhu Case
    • Involves both Oli and Deuba.
  5. Gokul Baskota Case
    • Negotiating a 700 million rupees deal; under CIAA investigation.
  6. Health Equipment Scandal during COVID-19
    • Other cases related to recent corruption scandals.

Suggested Actions for Citizens

  • Raise awareness and question committee members on the bill.
  • Use technology (phones, internet) to hold leaders accountable.
  • Contact committee members (Gagan Thapa, Rabi Lamichhane, etc.) via messages or calls.
    • Ask about the urgency and legality of the bill.
  • Collective action: Encourage others to participate and question leaders.
  • Stay informed by subscribing to In-depth Story for updates.

Conclusion

  • The proposed amendments to the Anti-Corruption Act aim to legalize corruption, effectively closing past cases.
  • Immediate action and accountability from citizens is crucial to combat this issue.