Ripe for Reform

Nepali society is battered by corruption and political patronage to the corrupt has further shattered people’s dreams living in a society where there is a rule of law. The Transparency International’s recent survey which declared political parties to be the most corrupt institution in Nepal, has further eroded hopes of a ‘new Nepal’. In addition, there are doubts regarding how these corrupt political parties will shape the fate of Nepalis by writing a constitution. But right now, there’s no escape from the political parties.

Is there any entity which can fight prevalent corruption impartially and without political patronage? Will the anti-corruption body, the Commission for Investigation of Abuse of Authority (CIAA) be successful in restoring the shattered hopes of the people? These questions remain unanswered.

Needless to say, Nepal’s rank on the corruption index is not satisfactory. According to the global corruption watchdog, Transparency International, Nepal ranks 139 on the corruption index and shares the position with Pakistan, Azerbaijan, Nigeria and Kenya. Nepal slipped by 15 ranks in 2011 since 2008 which indicates an increase in corruption. This ranking is taken as an important indicator by international investors which tells them how secure their investment in Nepal will be. Corruption, along with other factors—labour union chaos, load shedding and red tape—have not encouraged Foreign Direct investment (FDI) in Nepal so far. According to South Asian Watch on Trade Economy and Environment, FDI in Nepal could not increase during the 2008-2011 period. Further, we have seen delayed mega hydroelectricity projects of national pride and appointment of party cadres in the top positions of state owned corporations and enterprises by sidelining the experienced and the qualified. It has become easier to obtain political patronage than to learn skills and expertise.

 Despite the CIAA enjoying constitutional authority to punish perpetrators, we have seen the anti-graft body fail on numerious occasions. Except for JP Gupta in 2002 and Chiranjibi Wagle in 2004, high-profile arrests and imprisonments have been rare. However, in 2012, in another breakthrough verdict—after the CIAA’s investigation in the Sudan scam—the Special Court convicted three former police chiefs. Despite this conviction, the CIAA couldn’t tighten its grip on ‘the then political and administrative leadership’. Former home ministers and home secretaries, who were heading the Home administration when around Rs 290 million was misused while purchasing logistics for the Nepali peacekeeping mission in Sudan, were given a clean chit. There are many other cases when people in high political and administrative positions were allowed to go unpunished. If properly investigated—without any political patronage—there are multiple issues and cases in which the CIAA could have done a much better job than turn a blind eye towards corrupt bureaucrats and politicians.

Amid heightened corruption and impunity, the CIAA provided some hope by nabbing civil servants—wildlife officials, land revenue officials, heads of government owned corporations and top officials of big hydro-electricity projects—who were suspected of illicit gain and misappropriation of public funds.

But this is only the tip of the iceberg. If the anti-graft body works in its true spirit, with full vigour and impartially, the list of corrupt suspects will become longer than we can imagine. However, some questions still remain unanswered. Are these only a popularity stunt by the CIAA after the new commissioner was sworn in? If not, does it have the sufficient infrastructure and will it continue working in the same spirit in the days to come? Can it avoid political intervention during its operation? It is only when we get answers to these questions that our dream of living in a society where the rule of law prevails come true.

This article was published in The Kathmandu Post, 17 July 2013
http://epaper.ekantipur.com/ktpost/showtext.aspx?boxid=13420109&parentid=24329&issuedate=1872013