What Does the Draft National Strategic Plan on Anti-Corruption Include Regarding the Military, Judiciary, and Diplomatic Missions?
Image source, EPA
The new government has released a draft of the National Strategic Plan to combat corruption, proposing amendments to include the Nepal Army, judiciary, and diplomatic missions within the scope of investigations for corruption and illicit asset acquisition.
The draft document commits to amending nearly two dozen laws, including the Commission for the Investigation of Abuse of Authority Act 1991 (2048 BS) and the Army Act 2006 (2063 BS).
It also outlines plans to introduce eight new laws, including legislation related to conflict of interest and corruption control within the non-governmental and private sectors.
A spokesperson from the Prime Minister’s Office stated that the draft is currently open for public feedback; after which the Cabinet will approve it, and based on it, government efforts to control corruption will advance.
Provisions for the Commission and Expulsion of Foreign Diplomats
Currently, there are 13 institutions in Nepal addressing corruption, with responsibilities spanning investigation, prosecution, and resolution of corruption and money laundering cases.
Based on public input, the Cabinet will finalize the national action plan, specifying policy steps, responsible agencies, and timelines for crime control.
The draft outlines amendments to the Commission for the Investigation of Abuse of Authority Act 1991 (2048 BS), mandating investigation into policy-related corruption and allegations against foreign organizational officials based in Nepal.
The Ministry of Law, Justice and Parliamentary Affairs and the Commission will receive support from the Prime Minister and Cabinet Office for these legal reforms, with a deadline set for one year.
There has been long-standing debate over whether the Commission can investigate or file cases involving Cabinet policy decisions.
Previously, the Commission had recommended clearer definitions and limitations on investigating policy decisions through annual reports to the government.
The draft defines corrupt activities in the private sector and specifies offences, punishments, and designated authorities for investigation, prosecution, and case adjudication.
If evidence is found of corruption or money laundering involving public officials of foreign missions or international organizations in Nepal, legal action will be taken with cooperation from the Ministry of Foreign Affairs, Ministry of Home Affairs, Ministry of Law, and the Commission.
Within one year, diplomatic staff could be declared ‘persona non grata’ and expelled, while non-diplomatic personnel would be investigated and prosecuted. This includes strengthening bilateral and regional cooperation mechanisms.
The draft acknowledges potential implementation challenges arising from diplomatic matters and states that establishing bilateral and multilateral mechanisms will take time.
What Does the Plan Say About the Nepal Army?
Image source, Nepal Army
The draft commits to harmonizing the Army Act 2006 (2063 BS) with the Anti-Corruption Act 2002 (2059 BS).
It proposes forming a three-member committee, chaired by the Deputy Attorney General, to investigate and prosecute corruption and theft within the Nepal Army. The committee will include the legal branch chief of the Ministry of Defense and military legal officers of lieutenant colonel rank.
Currently, initial legal proceedings for such cases are tried by the military special court; however, some experts have demanded these cases be tried in civil courts.
The draft indicates necessary amendments will be made to the Army Act within one year to comply with the UN Convention against Corruption, aligning it practically with the anti-corruption law.
The Anti-Corruption Act 2002 (2059 BS) applies not only to Nepali citizens and government officials but also to non-Nepalis residing abroad.
The law states that those who take or give bribes face imprisonment from 10 to 14 years and a fine exceeding 100 million Nepali rupees, depending on the severity of the offence.
The document also notes that secret intelligence information for money laundering investigations may be obtained from the Nepal Army.
It mentions, “There will be mandatory cooperation among the Commission for the Investigation of Abuse of Authority, the Judicial Council, and the Nepal Army for information received through the Financial Intelligence Unit.”
The Financial Intelligence Unit, operating under the central bank, monitors suspicious financial transactions.
What Does the Strategic Plan Say About the Courts?
The plan proposes amending the Special Court Act, Judicial Council Act, and Impeachment Act.
It introduces provisions for suspension of officials immediately after an impeachment proposal is registered and mandates resolving the matter within two months. If approved, investigations into corruption-related offences could proceed.
Within one to two years, the plan calls for restructuring the Judicial Council to create an independent body responsible for investigating, prosecuting, and adjudicating complaints such as illegal acquisition of judges’ assets.
It also highlights coordinating implementation of various study reports aimed at eliminating bias, partiality, and complacency within the judiciary.
Statements From the Prime Minister and Cabinet Officials
Image source, Getty Images
Hemraj Aryal, spokesperson for the Prime Minister and Cabinet Office, said this draft will be revised based on citizen feedback and will determine the government’s anti-corruption priorities.
He stated, “Nepal is a signatory to the United Nations Convention against Corruption. We must adhere to its provisions. This is why we are preparing a second strategic plan, with necessary institutional, legal, and policy reforms reflected in it.”
The government is committed to strict anti-corruption enforcement, and after signing the international convention, Nepal must implement the stipulated measures. Courts and public institutions also need to be steered towards good governance, reflecting the wide scope of this plan.
Nepal ratified the United Nations Convention against Corruption in 2011, becoming a party state.
The country’s first national anti-corruption strategy was introduced earlier in 2012 (2069 BS).
Officials claim progress in lawmaking and other goals, but governance advocates recognize corruption as a major ongoing challenge in Nepal.
Transparency International’s latest report scored Nepal 34 points, ranking it 109th out of 182 countries in perceived corruption.
During the Gen J Movement in September, the primary demands included good governance and an end to corruption.
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