Whistleblowing in Nepal: A Difficult Path

Kathmandu, Nepal - In a country where corruption is rampant, whistleblowers face an uphill battle to report wrongdoing without fear of retaliation. Despite some legal provisions offering protection and remedies for whistleblowers, the reality is that they often remain vulnerable to harassment, intimidation, and even persecution.

Legal Framework for Transparency and Accountability

The Nepalese government has enacted various laws and regulations aimed at promoting transparency and accountability, including:

• Public Procurement Monitoring Office: monitors public procurement and blacklists companies involved in corrupt practices.
• Financial Procedure and Fiscal Accountability Act 2019 and the Financial Procedure and Fiscal Accountability Rules 2021: ensure responsible fiscal management.

However, these measures are often hindered by political influences and lack of willpower among government officials. Corruption remains pervasive in public procurement, with frequent reports of embezzlement and misuse of public funds.

Challenges in Access to Information and Participation

The situation is equally concerning when it comes to access to information and participation of society in public matters. The government has not been transparent about providing crucial information to citizens, with sensitive information often delayed or withheld without explanation. Civil society organizations may be consulted on certain matters, but their role is limited, and they are not mandated to participate in the anti-corruption efforts.

Judicial System Challenges

The judicial system also faces challenges in addressing corruption cases. While the Judicial Council has taken action against judges for misconduct, impeaching or removing senior officials from the Commission for the Investigation of Abuse of Authority (CIAA) remains a rare phenomenon despite allegations of corruption.

Private Sector Transparency and Anti-Corruption Efforts

In the private sector, transparency is lacking, with no effective code of conduct to prevent undue influence and lack of transparency on beneficial ownership of companies. The Good Governance (Management and Operation) Act 2008 helps protect integrity by preventing ex-civil servants from assuming management roles in the private sector, but more needs to be done.

Anti-Money Laundering Efforts

Anti-money laundering efforts are underway, with the government committed to making its electronic monitoring system fully operational. However, there is a significant gap in inter-agency coordination and cooperation, and no system is in place for verifying beneficial ownership of reporting entities.

Recommendations for Addressing Corruption

To address these challenges, Transparency International – Nepal has made several key recommendations:

• Involve civil society organizations and the private sector in anti-corruption efforts.
• Formulate special laws to combat corruption.
• Ensure that institutions have adequate resources and an enabling environment to function effectively.

Conclusion

The government must demonstrate strong political will to tackle corruption and impunity, ensure broad participation of citizens in policy-making, and strengthen law enforcement agencies’ intelligence capacity. Only then can Nepal make meaningful progress towards a more transparent and accountable society.