In 2003, the 14th United Nations (UN) Convention against Corruption had declared conflict of interest as a form of corruption
KATHMANDU, JANUARY 29
One of the national pride projects, the Sikta irrigation project, was initiated in fiscal year 2005-2006 and was supposed to be completed by 2014-2015.
This Rs. 12.8 billion project was believed to be a game changer in Western Nepal, as it was aimed at irrigating 33,766 hectares of land west of the Rapti River in Banke district. Now, almost a decade after the stipulated completion deadline and multi-fold construction cost overruns, the project is still incomplete, and, over the years, the main canal has been damaged several times during the testing process.
The Commission for the Investigation of Abuse of Authority (CIAA) had identified serious flaws in the design of the canal. In addition, below par quality of work by the technicians, consultants and construction professionals was also reported. The CIAA had filed corruption charges against 21 individuals associated with this project, including the honcho of Kalika Construction Company.
Although acquitted by the high court, the case is still subjudice in the Supreme Court.
Prime Minister (PM) Pushpa Kamal Dahal expanded his eight-member cabinet on January 17 by adding 1 deputy prime minister, 11 ministers and 3 state ministers. Out of the newly appointed ministers, Bikram Pandey of the Rastriya Prajatantra Party (RPP), the owner of Kalika Construction and one of the defendants of Sikta irrigation project irregularities, got the portfolio of Urban Development minister.
Apart from the alleged Sikta irrigation project corruption, Kalika Construction is reported to be associated with many other irregularities in building roads and bridges.
The media and civil society are consistently condemning the appointment of Pandey in a conflicting role as Urban Development minister when his case is still under judicial consideration. The voices are being raised against the breach of globally accepted ethical practice – conflict of interest (COI).
This is only one example. There have been innumerable instances in Nepal where the essence of COI had been breached and people with conflicting interest had been appointed to sensitive posts. After re instatement of multiparty democracy and, more specifically, with the provision of participatory representation in the elections, the essence of COI has been brazenly tattered.
In the past, medical college operators and owners of private schools were included in the Health and Education parliamentary committee while manpower agents were members of the Industry, Commerce, Labour and Consumer Interest committee. There are several such examples associated with other parliamentary committees.
The new parliamentary committees have not yet been constituted in the recently formed House of Representatives (HoR). We have to wait and see whether COI prevails this time or not. However, early indicators are not that encouraging as the cabinet of PM Dahal is not beyond controversy.
The above-mentioned example of the Urban Development minister is enough to highlight the moral flaws in the cabinet.
Apart from that, recently deposed chairman of Rastriya Swatantra Party (RSP) and former deputy PM Rabi Lamichhane, who was embroiled in citizenship and passport disputes, blatantly held the ministerial portfolio of Ministry of Home Affairs, the main investigatory agency of his case. The verdict of the constitutional bench of the respected Supreme Court on January 27 to revoke his candidacy proves the foul game of COI within his ministerial endeavour.
The list is not yet complete. The command of the Ministry of Labour, Employment and Social Security has been handed over to DP Aryal, an RSP lawmaker, who is known to be associated with various manpower agencies, and whose cases of forgery and human rights abuse of labourers are still pending. In addition, the lawmaker from the staunch royalist and anti-federalist party, RPP, Dhruba Bahadur Pradhan, has been given the responsibility of strengthening federalism in the country, in the capacity of Minister for Law, Justice and Parliamentary Affairs.
In a society governed by law and order, COI is dealt seriously, as it can erode public and institutional trust, damage the institution's reputation, and in some cases, even breach the law. Therefore, in 2003, the 14th United Nations (UN) Convention against Corruption had declared COI as a form of corruption, and, subsequently, a bill was passed that every signatory nation should amend the existing law or draft a new law declaring COI as a form of corruption.
Despite being a signatory of that convention, the law on COI has not yet been drafted in Nepal. Therefore, all the cases discussed above have their own constitutional justification but not without a moral question mark. On a different note, I have no grievances against the individuals discussed in this article. They are mentioned here not as individuals but as institutions.
COI has not been addressed seriously in Nepal, so far. Therefore, cases of abuse of COI can be repeatedly perceived in different organisations, including the HoR and the council of ministers. However, intellectuals and the media have been regularly raising this issue to spread awareness among the concerned authorities. The voices are louder this time as the members of the political parties claiming to be alternative forces (RSP and reformed RPP) are mainly in the firing line of COI controversies.
It is high time for the new HoR to comply with the directive of 14th UN convention against corruption. As a signatory of the convention, Nepal should draft and pass the law addressing adversities of the COI as soon as possible. After that, the COI will not be left as a mere ethical issue in Nepal – the law will give it juridical validity. In return, the credibility of the parliament will increase, and its approach to corruption eradication will be lauded globally Dr Joshi is a senior scientist at Martin-Luther University
A version of this article appears in the print on January 30, 2023, of The Himalayan Times.
