Corruption investigations will halt if anonymous complaints are banned, warns Paudel
KATHMANDU, Nov 19: A heated debate is underway over whether to allow anonymous complaints in corruption cases under the Commission for the Investigation of Abuse of Authority (CIAA).
While some lawmakers favor banning anonymous complaints, others oppose the proposal. The discussions are part of the deliberations on amendments to the Prevention of Corruption Act and the CIAA Act in the parliamentary committee.
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Speaking about the proposed amendments to the Prevention of Corruption Act and the CIAA Act at the State Affairs and Good Governance Committee under the House of Representatives (HoR) meeting on Monday, Paudel, who also served as Chairman of the Nepal Law Commission, warned that banning anonymous complaints could paralyze the work of the CIAA. These bills are currently under review by the State Affairs and Good Governance Committee under the HoR.
Poudel in his capacity as an expert emphasized that anonymous complaints play a critical role in exposing corruption. His suggestions come in the wake of State Minister for Energy, Water Resources and Irrigation, Purna Bahadur Tamang proposing a ban on anonymous complaints during the parliamentary committee meeting held on Friday.
Minister Tamang, who is also a lawmaker of the ruling Nepali Congress (NC), suggested making it mandatory to attach a certified copy of the complainant's citizenship certificate to discourage frivolous complaints. "Anonymous complaints are causing undue trouble for public officials, employees and businesses," Tamang stated. “Making it mandatory to have identity cards will ensure genuine grievances and protect people from harassment. How many baseless cases can we handle before it becomes unbearable?"
However, Poudel, who is also a former minister, countered that banning anonymous complaints would severely undermine corruption investigations. "If anonymous complaints are prohibited, investigations into corruption will come to a halt. Lawmakers must consider the consequences carefully," he argued.
Poudel underscored the global importance of anonymous complaints in fighting corruption, outlining three reasons namely encouraging whistle blowing, targeting organized corruption and protecting employees for their necessity. Since most citizens lack the courage to file complaints openly due to fear of retaliation, Paudel argued that banning anonymous complaints would effectively silence them.
Paudel further argued that corruption often involves powerful individuals and groups. "Bribe transactions typically involve both the giver and the taker, who are often influential. Revealing one's identity in such cases can be dangerous," he explained.
Paudel also argued that government employees or insiders are often privy to financial irregularities and that expecting them to file complaints with their identities exposed is unrealistic as it risks their careers and safety. He urged lawmakers to retain the provision for anonymous complaints to ensure that corruption investigations remain effective and inclusive.
