Corruption Laws And Framework In Nepal(2080)- Latest Legal Provisions

Corruption is a serious problem that undermines the rule of law, democracy, and development in Nepal. Corruption is defined as "offences punishable under Chapter -2" of the Prevention of Corruption Act, 2059 (2002 A.D.), which include bribery, embezzlement, abuse of authority, money laundering, and obstruction of justice. Corruption affects various sectors and levels of the society, such as politics, administration, judiciary, security, education, health, and business.

To combat corruption, Nepal has adopted various laws and frameworks, both at the national and international levels. The main legal provisions and institutions that deal with corruption in Nepal are as follows:

•  The Prevention of Corruption Act, 2059 (2002 A.D.): This is the primary law that criminalizes and penalizes corruption in Nepal. It also establishes the Commission for the Investigation of Abuse of Authority (CIAA), the National Vigilance Center (NVC), and the Special Court as the main anti-corruption agencies in Nepal. The Act also provides for the declaration and verification of property and income of public servants, the prevention and control of corruption in public procurement, and the protection of whistleblowers and witnesses.

•  The Commission for the Investigation of Abuse of Authority Act, 2048 (1991 A.D.): This Act defines the functions, duties, and powers of the CIAA, which is an independent and constitutional body that investigates and prosecutes corruption cases involving public servants and public institutions. The CIAA also monitors and supervises the implementation of anti-corruption laws and policies, and makes recommendations to the government for the prevention and control of corruption.

•  The Special Court Act, 2059 (2002 A.D.): This Act establishes the Special Court, which is a specialized and fast-track court that adjudicates corruption cases filed by the CIAA. The Special Court consists of three judges, one of whom is a sitting or retired judge of the Supreme Court, and the other two are sitting or retired judges of the appellate court. The Special Court has the jurisdiction to hear and decide corruption cases within one year from the date of filing of the case.

•  The Money Laundering Prevention Act, 2064 (2008 A.D.): This Act criminalizes and penalizes money laundering, which is defined as "the act of converting or transferring the property knowing or having reasonable ground to believe that such property is obtained from the commission of an offence, or assisting or abetting or being involved in the conversion or transfer of such property, or concealing or disguising the true nature, source, location, ownership or control of such property, or acquiring, possessing or using such property. The Act also establishes the Department of Money Laundering Investigation (DoMLI) as the main agency for the investigation and prosecution of money laundering cases. The Act also provides for the freezing, seizure, and confiscation of the property obtained from money laundering, and the exchange of information and cooperation with foreign countries and international organizations.

•  The Mutual Legal Assistance Act, 2065 (2008 A.D.): This Act provides for the mutual legal assistance and cooperation between Nepal and foreign countries and international organizations in relation to the investigation, prosecution, and adjudication of criminal offences, including corruption and money laundering. The Act also provides for the extradition of persons accused or convicted of such offences, subject to the principles of reciprocity, dual criminality, and non-refoulement.

•  The United Nations Convention against Corruption (UNCAC): This is the first global and comprehensive treaty that addresses corruption in both the public and private sectors. Nepal ratified the UNCAC in 2011, and has committed to implement its provisions, such as the criminalization and prevention of corruption, the promotion of integrity and accountability, the enhancement of international cooperation and technical assistance, and the recovery and return of stolen assets.

•  The South Asian Association for Regional Cooperation (SAARC) Convention on Preventing and Combating Corruption: This is a regional treaty that aims to promote cooperation and coordination among the SAARC member states in the prevention and control of corruption. Nepal ratified the SAARC Convention in 2011, and has agreed to adopt and implement its provisions, such as the harmonization and enforcement of anti-corruption laws and policies, the establishment and strengthening of anti-corruption agencies, the exchange of information and evidence, and the mutual legal assistance and extradition.

These are the main corruption laws and frameworks in Nepal as of 2080 (2023 A.D.). However, these legal provisions are not sufficient to curb corruption in Nepal, as there are still many challenges and gaps in their implementation and enforcement. Some of the major challenges and gaps are as follows:

•  The lack of political will and commitment to fight corruption, and the interference and influence of political parties and leaders in the anti-corruption agencies and processes.

•  The lack of adequate resources and capacity of the anti-corruption agencies, such as the CIAA, the NVC, the DoMLI, and the Special Court, and the lack of coordination and cooperation among them.

•  The lack of awareness and participation of the public and the civil society in the anti-corruption efforts, and the lack of trust and confidence in the anti-corruption agencies and processes.

•  The lack of transparency and accountability in the public administration and service delivery, and the prevalence of nepotism, favoritism, and patronage in the public sector.

•  The lack of effective and independent oversight and monitoring mechanisms, such as the parliament, the judiciary, the media, and the audit institutions, and the lack of protection and incentives for the whistleblowers and witnesses.

•  The lack of compliance and enforcement of the international and regional anti-corruption conventions and obligations, and the lack of mutual cooperation and assistance with foreign countries and international organizations.

To address these challenges and gaps, and to improve the corruption laws and frameworks in Nepal, the following recommendations are suggested:

•  To enhance the political will and commitment to fight corruption, and to ensure the independence and autonomy of the anti-corruption agencies and processes, and to prevent any interference and influence of political parties and leaders in them.

•  To increase the resources and capacity of the anti-corruption agencies, such as the CIAA, the NVC, the DoMLI, and the Special Court, and to improve the coordination and cooperation among them, and to ensure their effectiveness and efficiency.

•  To raise the awareness and participation of the public and the civil society in the anti-corruption efforts, and to build the trust and confidence in the anti-corruption agencies and processes, and to promote the culture of integrity and honesty in the society.

•  To enhance the transparency and accountability in the public administration and service delivery, and to eliminate the nepotism, favoritism, and patronage in the public sector, and to promote the merit and performance based system.

•  To strengthen the effective and independent oversight and monitoring mechanisms, such as the parliament, the judiciary, the media, and the audit institutions, and to provide the protection and incentives for the whistleblowers and witnesses, and to enforce the sanctions and penalties for the corrupt offenders.

•  To comply and enforce the international and regional anti-corruption conventions and obligations, and to enhance the mutual cooperation and assistance with foreign countries and international organizations, and to recover and return the stolen assets.

Corruption is a serious problem that undermines the rule of law, democracy, and development in Nepal. Therefore, it is imperative to improve the corruption laws and frameworks in Nepal, and to implement and enforce them effectively and efficiently, with the participation and support of all the stakeholders, such as the government, the anti-corruption agencies, the public, the civil society, the media, the judiciary, the parliament, the audit institutions, and the international community. Only then, Nepal can achieve its vision of a prosperous, peaceful, and corruption-free nation.