On January 20, 2020, two significant bills — the Anti-Corruption (First Amendment) Bill and the Commission for the Investigation of Abuse of Authority (CIAA) Third Amendment Bill — were registered together in the National Assembly. However, on January 2, one of these bills advanced while the other remained stagnant.
The Anti-Corruption (First Amendment) Bill was passed by the State Affairs and Good Governance Committee under the House of Representatives, marking a major step forward in Nepal’s legislative battle against corruption. However, the CIAA amendment bill, which was submitted alongside it, has yet to progress, sparking concerns among lawmakers.
A divergence after years together
Both bills were initially submitted to the National Assembly on January 20, 2020, during KP Sharma Oli’s tenure as Prime Minister. On January 21, 2020 copies of both bills were distributed to Members of Parliament, followed by a general discussion in the National Assembly on January 31, 2020.
After the initial discussions, MPs were given 72 hours to propose amendments. Subsequently, the bills were forwarded to the Legislative Management Committee on February 4, 2020, for a clause-wise review. The committee deliberated on both bills together and presented its report to the National Assembly on June 22, 2020.
Both bills passed the National Assembly simultaneously on April 10, 2023, and were sent to the House of Representatives. Even in the lower house, the legislative process for the two bills remained aligned. They underwent joint discussions and were forwarded to the State Affairs Committee on September 16, 2023, for further review.
However, this synchronisation came to an end on Thursday, when only the Anti-Corruption Bill was passed. Discussions on the CIAA amendment bill were postponed, with top political leaders expressing reservations about its provisions.
Frustration among lawmakers
During the committee meeting, Nepali Congress MP Hridayaram Thani voiced his dissatisfaction with the unequal progress of the two bills. “Both bills were forwarded together and reviewed by the same subcommittee. Why has only one moved forward while the other remains stuck?” he questioned.
Thani led the 12-member parliamentary subcommittee formed on November 11, 2024, to review both bills. The subcommittee submitted its unanimous report on December 19, 2024. Despite this, the CIAA bill’s delay has left lawmakers frustrated.
Thani warned of dire consequences if the delay continues. “Are we heading towards a situation where the CIAA bill lands in the ICU?” he asked, urging the committee chair, Ramhari Khatiwada, to prioritise its advancement.
Committee Chair Khatiwada reassured MPs, saying, “It will come forward after necessary adjustments. Please be patient.”
Key provisions in the Bills
The Anti-Corruption Bill includes provisions to empower authorities to investigate and prosecute corruption cases more effectively. It also strengthens mechanisms for public procurement transparency and accountability.
Meanwhile, the CIAA amendment bill proposes expanding the commission’s jurisdiction to investigate decisions that fall outside the realm of “policy-level decisions” made by the Cabinet. This includes any decision that benefits specific individuals or private institutions at the expense of public interest.
The bill also clarifies that decisions related to public procurement must comply with existing laws and cannot be shielded as “policy-level decisions.” However, this provision has met resistance from top leaders, raising suspicions among MPs about the government’s commitment to transparency.
Policy-level decisions: A controversial clause
MP Thani emphasised the need to include Cabinet decisions under the CIAA’s jurisdiction, arguing that over 30 per cent of corruption cases in Nepal stem from policy-level decisions.
“A survey conducted by the CIAA in 2018 revealed that 30.4 per cent of corruption cases were policy-related. Can we afford to ignore this issue?” he questioned.
The subcommittee’s report recommends that decisions made contrary to existing laws or public procurement guidelines should not be considered “policy-level decisions” and should fall under the CIAA’s purview.
However, some lawmakers believe top political leaders are hesitant to adopt this provision. This sentiment was echoed by Home Minister Ramesh Lekhak, who, while open to discussions, avoided taking a definitive stance on the issue during Thursday’s meeting.
Government’s commitment questioned
The delay in advancing the CIAA bill has fueled doubts about the government’s intentions. MP Thani openly challenged the government to clarify its position.
“Is this delay a mere coincidence, or is it a deliberate attempt to block the bill?” he asked. “If the government truly supports transparency, it should bring the bill forward for open discussion without hesitation.”
Thani also criticised the lack of progress on defining “policy-level decisions,” an issue the CIAA has repeatedly highlighted in its annual reports.
“The absence of clear definitions is a major hurdle in combating corruption. The government must address this immediately,” he asserted.
Minister Lekhak calls for trust
In response to the criticism, Home Minister Lekhak reiterated the government’s commitment to good governance.
“The government prioritises zero tolerance for corruption and ensuring transparency in governance. We are committed to creating an environment where such issues are addressed effectively,” he said.
Lekhak urged lawmakers to trust the government, emphasising that it is their responsibility to lead anti-corruption efforts.
“A democratically elected government is the legitimate authority to establish good governance. It is imperative that we work together to strengthen this system,” he stated.
However, Lekhak did not address concerns about the delay in the CIAA bill or the lack of progress on defining policy-level decisions.
Concerns over anonymous complaints
The issue of anonymous complaints has also become a point of contention. MP Thani argued that the government had not proposed any provisions regarding anonymous complaints in the bill, making it inappropriate to include such measures now.
“If the government wishes to address anonymous complaints, it must introduce a separate bill,” he suggested.
A call for accountability
Thani concluded by urging the government to move forward with the CIAA bill without further delays.
“We cannot afford to delay this any longer. Nepal is drowning in corruption, and the public demands action,” he said.
The Anti-Corruption Bill’s passage is a positive step, but the stalling of the CIAA amendment bill casts doubt on the government’s commitment to tackling corruption comprehensively. For many, the real test lies in whether the CIAA bill can overcome the political roadblocks and advance towards implementation.
