The government not only failed to obtain parliamentary consent in this regard, it also refrained from taking mandatory suggestions from the Ministry of Law and Justice. [break]
The government obtained IAEA membership in July 8, 2008. According to the Law and Justice Ministry, the government failed to meet mandatory legal procedures before acquiring the membership. The Ministry has already objected to the Office of Prime Minister and Council of Ministers (OPMCM) over the matter.
The Interim Constitution and the Treaty Act 1990 contain provisions relating to acquiring of such membership. “The government has to take prior consent from parliament before getting membership from any international agency,” reads the constitutional provision.
Clause 4 of the Treaty Act 1990 also says that the government is required to take prior consent from parliament.
Additionally, the government also failed to publish a notice in the Nepal Gazette after acquiring the membership.
“The government did not follow any of the provisions," a high-ranking official of the Law and Justice Ministry told myrepublica.com. He added, “This is a blatant violation of constitutional and legal provisions.”
The Ministry has already warned OPMCM and the Ministry of Foreign Affairs (MoFA) about the ramifications.
“It is a matter of serious concern how such a blunder happened. I have already talked to senior officials at MoFA,” a senior official at the Law and Justice Ministry said on condition of anonymity. The source said the Law Ministry will soon send a letter of objection over the decision.
“Then Chief Secretary Bhoj Raj Ghimire is the prime culprit and he must be made answerable,” a source at OPMCM said.
The then Girija Prasad Koirala-led government, under a proposal of the Ministry of Science and Technology (MoST), applied for membership without following correct procedures.
“Though I came late to this ministry, I am surprised to hear about this," said Science and Technology Secretary Ram Hari Aryal, adding, “I will immediately initiate necessary steps over the matter.”
Secretary Aryal also informed that he has consulted legal officers at the Ministry to check whether the government met procedural requirements or not. The legal officers have replied to him that the government had indeed failed to abide by constitutional and legal provisions while acquiring IAEA membership. They also told Aryal the government did not publish a notice in the gazette and so they could not obtain any such notice.
Law Ministry officials said that they came to know about the IAEA membership acquisition after they received a document concerning a project proposed by IAEA. IAEA has already conducted fact-finding research in Nepal and is preparing to launch atomic and cancer-related projects here.
MoST, after consulting with IAEA, has already started work on the draft of a nuclear law.
Interestingly, the government has already paid the required membership fee to IAEA. According to MoST, the government paid altogether 11,000 euros in 2008 and 2009 as membership charges.
When asked about the consequences of fee payment and project activities by IAEA, Secretary Aryal said he is not in a position to comment immediately. “It is true that we have to take consent from parliament and follow constitutional and legal provisions to take membership of IAEA,” he admitted. He said, “I will immediately consult other stakeholders and decide soon.”
IAEA was set up in 1957 within the United Nations framework. The Agency works with member states and multiple partners worldwide to promote safe, secure and peaceful nuclear technology.
Related story
'No indication' Iran nuclear installations hit: IAEA
