CIAA wants law amended to probe inter-govt organization staff
October 9, 2018 03:00 AM NPT
By: Ashok Dahal
KATHMANDU, Oct 9: As part of a revising of the law in line with the United Nations Convention Against Corruption (UNCAC), the Commission for Investigation of Abuse of Authority (CIAA) has proposed bringing even officials working for inter-governmental organizations under its ambit.
The proposal is under consideration at the Office of the Prime Minister, which is the line ministry for the CIAA. If the CIAA gets it way and parliament endorses the change, the anti-graft body will be able to investigate Nepali as well as foreign nationals working at inter-governmental organizations in Nepal. It will be able to file court cases against anyone found guilty, said CIAA Spokesperson Rameshwor Dangal.
The CIAA forwarded the drafts of two bills to the PMO for amending the Prevention of Corruption Act 2002 and the CIAA Act 1991, two months ago. Neither of these laws has undergone any amendment so far.
“ In the amendment proposals we have proposed broadening the definition of public office bearers to include foreign public office bearers and internationals,” Dangal told Republica. “Foreign or Nepali nationals working in our government services and inter-governmental organizations including UN agencies, the World Bank and ADB can be investigated by the CIAA in line with UNCAC.”
Spokesperson Dangal, however, added that bringing foreign nationals under its purview was only for the purpose of making the domestic law compatible with UNCAC and it was not a move driven by complaints against such persons.
The CIAA has also proposed bringing other individuals involved in corruption in dealings with public office bearers under its investigation jurisdiction . As the constitution barred the investigating of 'improper conduct' the CIAA has proposed removing this provision altogether from its jurisdiction in the proposed amendment. However, it has proposed legal action against those involved in misusing their official positions and in taking decisions with mala fide intent.
Officials at the PMO and CIAA representatives have twice discussed the proposed bills with a view to finalizing them for tabling in parliament.
In the bills the anti-graft body has also included the use of information technology as its investigation tool .
The CIAA has meanwhile hiked the fine amount for corruption and irregularities, reads a document submitted at the State Affairs Committee of parliament.