Republica had reported on the illegal IAEA membership on February 7. [break]
The Ministry of Science and Technology (MoST), after realizing that there had been a blunder while acquiring the membership, has finally decided to follow through with all the relevant provisions of the Treaty Act and the Constitution.
"There was an error while acquiring the membership two years ago," admitted Rajendra Thapa, Under Secretary at MoST, adding, "We have already begun the process of legitimize the membership."
According to him, MoST recently submitted a draft of its decision paper at the bills committee of the cabinet for the necessary decision. "IAEA has already accepted our membership and thus the membership cannot be canceled," Thapa said adding, "We therefore sent the draft to the cabinet for necessary legal endorsement."
The bills committee of the cabinet will table the draft in parliament for its endorsement.
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 before acquiring the membership on July 8, 2008.
According to the Law and Justice Ministry, the government failed to follow mandatory legal procedures before acquiring the membership. The ministry has complained to the Office of the Prime Minister and Council of Ministers (OPMCM) over the matter.
The Interim Constitution and the Treaty Act 1990 contain provisions relating to acquiring such membership. “The government has to take prior consent from parliament before getting membership of 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 IAEA membership.
“According to the Treaty Act we must meet all the required legal provisions before acquiring membership," said Phanindra Gautam, co-spokesperson at the Ministry of Law and Justice, adding, "The initiation of steps by MoST to legitimize the membership is appreciated."
The Law Ministry had also warned OPMCM and the Ministry of Foreign Affairs (MoFA) about the ramifications.
The then Girija Prasad Koirala-led government, under a proposal of MoST, had applied for IAEA membership without following the correct procedures.
IAEA has already conducted fact-finding research in Nepal and is preparing to launch atomic and cancer-related projects here.
Interestingly, the government has already paid the required membership fees to IAEA. According to MoST, the government paid altogether 11,000 euros in 2008 and 2009 as membership charges.
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.
Draft prepared
Meanwhile, MoST has readied a draft nuclear bill with the support of the Law and Development Initiative Nepal. MoST held a discussion on the draft at a program in Kathmandu, Saturday.
Related story
'No indication' Iran nuclear installations hit: IAEA
