Efforts of Rectifying
Corruption and Governance at Nepal-India Border
Krishna Kumar Tamang[1]
Abstract
Nepal remains grossly undeveloped despite its bountiful
resources and huge potentialities. Obviously, political instability, poverty,
unemployment, politicized crimes, and corruption patronage are some of the
determining root causes of the pitiable economy. Nepal has large border around
half the size of its territory with India and the fact cannot be denied that
the borders also attribute to it to some extent. The development strategies of
Nepal are influenced mainly by the politics of the country and to which its
people, the system, and the governance as a whole are not the exceptions. Consequently
India has the same fate and thus governments of both the sides have been
putting joint efforts in this regard for positive results.
Key words: Corruption,
border, governance, politics, illicit trade, Nepal
INTRODUCTION
Corruption has negative influence
over government policies, ruling laws, and government agencies at the cost of
common interest of mass. Traditional way of thinking and general public
psychology need changed to change corrupt behavior. Non-corrupt actions may only
be confined to papers and do not represent spirit of the law. The legal
approach diminishes the role of moral discretion (Elaine, 2009).Illicit trades make illegal logging and wildlife, drugs,
arms, and services alluring employees especially of border. It includes also
daily domestic consumable commodities and counterfeit products (Craig, Finn, 2011).
Nepal has all the aforesaid arguments implied
to it. Various mechanism and policies were formed to work on it and still there
are attempts in progress and their yielding results. It has become open secret
in Nepal that people dealing with honey would certainly have the opportunity to
taste it. Likewise authorities in possession of liberty of their power and
influence would not miss to let slip fortune rather opt for selfhood. People in
Nepal have well experienced of corruption even in politics and the governance
of all the major parties while in power. No matter which party and what agenda
they have whosever government comes there seems no tangible difference. There
are caused hindrances in corruption investigation and prosecution. The major
problem lies with the ineffective laws and their compliance. Corruptions in
Nepal are of multi-forms. 2019 complaints of corruption and improper conduct
were registered in single fiscal year of 1996/97 with the Commission for
Investigation and Abuse of Authority. Upon investigation amazing number of
officials from minister to secretaries were convicted (Paudel, 1998).
The
most prominent problem due to open and uncontrolled border with India is the
unabated movement of anti-social elements and their activities across Nepal
border line areas. The seemingly never ending series of crimes along the border
have caused both the governments devote their resources. The unrestricted
movement provides opportunities for criminal, anti-social and illegal
activities like burglary, robbery, theft, murder, smuggling, pedaling narcotic drugs,
trafficking girls, arms and ammunition and many more (Vidya, 2001).
Though there are countermeasures in
plenty still more remains to be done. The countermeasures prevalent in the
country are as follows;
Commission for the Investigation
of Abuse of Authority (CIAA)
The
CIAA is a constitutional body established under Article 97 of the Constitution
of the Kingdom of Nepal, 1990. The Commission investigates cases of abuse of
authority related to corruption or improper conduct by any official while in
capacity of public office. The CIAA functions as a watchdog and Ombudsman against
corruption. It can warn and pinpoint any person found involved and so it can
recommend concerned agencies for further penal actions. The CIAA has vacant its
commissioner for considerable period of time and the government seems has its
homework in pipeline.
National Vigilance Center (NVC)
NVC was
established to play a preventive and vigilant role so as to ensure good
governance in fair economic discipline, moral, ethical and transparent manner.
The NVC was formed according to anti-Corruption Act, 2059 BS(2002) aiming to mitigate
the corruption activities effectively and build a corruption free society.
District Administration Office
(DAO)
DAO is
the main administrative agency of the government in the districts. The CIAA has
delegated some of its power to the Chief District Officer of the DAO to
investigate cases of corruption
within the district (Paudel, 1998).
Nepal-India like border is nowhere
to be found for the friendly provision for people of both the countries to pass
through any points to their convenience. The number of check posts meant for
carrying out bilateral trade is 22 for these two countries. However for third
country nationals valid documentation and permits are required at designated
six points. The smuggling and encroachments at the borders could be for the security
forces of both the sides of Nepal and India have not covered them.
In the year 2000 the government of
Nepal deployed Armed Police Force (APF) to look after the international border
of Nepal sharing with India and China. Besides the internal security the deployment
in the field of revenue collection the APF has 21 Border Security Offices, 10
Revenue & Customs Patrol Security Bases, 48 Border Out Posts, and 25
temporary BOPs totaling 104 points covered. Flying Squads of two teams since June
10, 2010 were initially put under the command of Director General of Revenue
Investigation Department to assist control of revenue pilferage. The statistics
of Nepalese Rupees 170,767,699 in the fiscal year 2009/2010 was made through
seizure of smuggled merchandise (Onta, 2010).
Customs contribution of tax revenue
in 2007/2008 was 24.7 percent. The following year in 2008/2009 it decreased to
22.1 percent. In the fiscal year 2009/2010 it reached to 23 percent.
Traditionally primary source of revenue is the customs. Even now around 52
percent portion of tax revenue comes from customs administration. Customs
administration has vital role in the whole economy of the country. There should
be no reluctance in admittance by customs administration against any flaws
rather to address them. Rectifying flaws or irregularities and resolving them
the most appropriate way need to be developed. A Nepalese weekly vernacular newspaper
read Ten Million Giver Gets Tatopani, a Nepal-China border point for government
employee to get posting over there for charming of earning extras (Netra, 2012,
p1). Of course there could be no truth in the news at all or a little and that
could be applicable for Nepal-India border also. This clarifies the media has its
views on the governance.
Professionalism and merits of agent
tradesmen too count for the quality standard of customs administration. Agent tradesmen
are expected to adhere to code of conduct but unfortunately field reality is
different. Effective ways of compliance to certain standards have still to be figured
out in absence of which the agent tradesmen of good moral are out of sight. The
sanction of a system for new agent is still pending for more than a decade. Agent
tradesmen could also be taken responsible for incurring the irregularities and
indiscretion. Slogan of the International Customs Day 2011 "Knowledge, a
catalyst for Customs Excellence" inspires the customs administration to
face the challenges (Upadhyay, 2010).
There are host of illegal
activities like trafficking of girls to Indian brothels in cities like Mumbai
and New Delhi; trafficking of narcotic drugs like hashish and marijuana; small
arms and ammunition; movement of criminals and hideouts of terrorists. Nepal
and India have mutual consent over to control such illegal activities along the
border, and to address them effective and practical approaches are deemed. All
the above quoted illegal activities are due to the practice of corruption in
the government bureaucracy, ad hoc policies, feeble rules and slackness in monitoring
and evaluation. Customs on both sides of the border cannot be ruled out involving
in corrupt practices (Vidya, 2007).
Cross country cooperation and
coordination are the best effective tools to prevent, detect and sanction the
corruption that contributes to the problem of illegal cross border flows.
Efforts have to be focused unto governance issues to help build transparency,
accountability and integrity of institutions and major stake holders (Craig, Finn, 2011).
METHODS
AND APPROACHES
For data collection primary and
secondary sources were used. The secondary sources include
- CIAA annual reports and published bulletins
- Reports of Transparency International/Nepal
- Journals and articles like publications
- Surfing web nets
Primary
data were collected through questionnaire and interview tools. It
sounds good but not comfortable for concern likely people. This research paper
author himself being government employee has the privilege of sharing
experience. Conceptual framework the analytical way is worked out. Components
of justification for selection of field survey method as the main research
method, use of study tools, data collection and analysis procedures, validity
and reliability of the study tools are sketched in details under the respective
readings. Qualitative and quantitative methods were applicable for this
research study. Practical methods like visiting people in person and seeing in
fields for the collection of information, interviews of civilian bureaucrats,
police officers, local laymen, journalists, political affiliated people,
traders, farmers and students like intellectual people were talked and
encountered.
THEORETICAL
DISCUSSION
Nepalese
political leaders themselves look to be not certain what next steps as to give
new constitution to the country. They seem to have not yet made up their mind
as some of them sometimes demand for reinstate of dissolved constitution
assembly and the next moment for fresh election which has very feeble chances.
Economically, Nepal is facing a downturn in industrial sectors, price hikes and
irregularities affecting the whole country, particularly the general population
compelled to live below poverty line not even a USD per day. It is more
aggravated by shortage of electricity for the whole year for infinity. The load
shedding of power supply lasts up to 16 hours a day which causes great loss to
the country at every step. Naturally it would have negative impact on day to
day life of any layman, commercial industry and public services as well (Annual
Report, 2012).
The
plight of housewives in Nepal shows tendency never ending in the terms of
kitchen gas availability. The dealers of gas agencies fail to supply them not
due to shortage of the material but for black marketing. The government has policy
of introducing two types of it each for different purposes as for domestic and
commercial. Similarly crisis of fuel is another phenomenon frequently faced by
Nepalese people. From time to time, mostly whenever there is alteration of
government in Nepal the incoming quantity from India gets reduced on the
pretext of overdue of amount resulting in shortage. The price of fuel subject
to transport gets high excluding the pilferage en route to Nepal. Therefore the
government for its remedial measure has thought of laying gas pipelines for fuel
supply and the government of India has all support therein.
Good
governance as a matter of fact conceptually is applicable in all the organs of government,
legislature, judiciary, media, private sector, corporate sector, trade unions
and even non-government organizations. Public accountability and transparency
are reciprocally relevant for one another. Bad governance is counterproductive not
only to socio-economic and political development but all other interlinked
matters as well. The yardstick of measuring bad governance are corruption,
injustices, inequity, integration crisis, ethno religious feuds and a lot
others. Corruption issues are the most critical in terms of morality.
Corruption causes the country laden with poverty damaging the image of good
governance tarnishing reputation of the country. Consequently it makes the
country people further vulnerable to manipulation. In order to cherish good
governance policies of anti-corruption must be put in place. The legislature
and the judiciary also should be operational and agile to self responsibilities
as they are inevitable in good democratic governance (Ilufove, 2010).
FINDINGS
Illegal trades along borderlines
of Nepal worsen the economy of the country and its neighbors remain not
untouched. Though not official Federation of Nepal Chamber of Commerce and
Industries has the statistics of illicit trade along the Indo-Nepal border
alone amounts to 38.9 per cent of Nepal's foreign trade. Annually Nepal has
loss of around Rs 3 billion in royalty because of the black market (Pokharel,
2012).
Nepal
border areas seem to be well misused by civil servants and smuggling networks
with their behaviors of give and take practice in bribery, corruptibility and
arbitrariness. These all activities make Nepal look weak and corrupt state and
its governance mechanism poor. Further the borders people seem take it as their
right to transcend the state and boundaries (Benjamin 2009, p 19).
Nepal
has craze for gold and it reflects in its high demand particularly in the
winter season as for wedding ceremonies regardless of price hike. The
government restriction policy of import to certain items indirectly leads to
their illegal incoming to Nepal. The political instability, continuous crisis
of electricity, shortage of fuel have created environment for business enterprises
to convert their properties into gold. Ups and downs of capital market have helped
grow this trend. Gold import policy of the government has control and other way
round also helped grey traders (Sarkar, 2012).
The
World Wildlife Fund looks Nepal infested of similar factors in the country
making it a point of international illicit trade. Illicit traders find Nepal
easy pass though gate for supplying countries including India and China of
Wildlife products due to weak administration of the government (Craig, 2011).
Smugglers
tend to use Nepal as transit point of red sandalwood from India to Tibet. Since
Nepal is signatory of the Convention on International Trade in Endangered
Species of wild fauna and flora (CITES) it cannot let not only red sandal wood but
any contraband items pass through Nepal. In November 2012 a consignment of smuggling
sea horses (species of tiny animal in deep sea) en route to China were caught
in Kathmandu. Similarly, precious timber, herbs and wildlife from Nepal
highlands are stealthily taken to India and China. Illegally traded single
piece of thirty millimeter Yarsagumba (precious herb from Himalayan high land)
alone is worth thousands. Children are involved in this luring business.
Economists opine such black market trades comprise a considerable portion of Nepalese
GDP. Studies show Birganj has the highest amount of unauthorized trade each
year followed by Biratnagar and Bhairahawa the Nepal India border line Nepalese
cities (Pokharel, 2012).
Finance
Ministry of Nepal had directed the department to strictly implement the Maximum
Retail Price provision at the earliest. The Department of Customs has made it
mandatory to declare the MRP of goods having high volume and value in trade and
revenue (The Himalayan, 2012).
Nepal
customs and revenue departments have good number of Armed Police Force
personnel under their command deployed to help them. From the very beginning of
APF deployment in coordination with customs and revenue the collection of
revenue and tax have remarkable progress. APF, a paramilitary was raised in the
year 2000 during the days of insurgency especially to control international
borderlines with India and China. Currently APF is engaged in safeguarding
Nepal territory border. Complying government policy of female's inclusion into
the force it has reached female five percent to total strength. APF has
mandated tasks as;
a)
to control any ongoing or would be armed conflict within the country,
b)
to control any ongoing or would be armed rebellion or separatist
activities within the country,
c) to control any ongoing or would be
terrorist activities within the country,
d) to control any ongoing or would be riot
within the country,
e) to assist in rendering relief to natural
calamity or epidemic victims,
f) to rescue any citizen or else from hostage
captivity or in the event of occurrence of heinous and serious crimes or unrest
of grave nature or of anticipation,
g) to
guard border of the country,
h) to
assist under the Nepalese Army in condition of ingression,
i) to protect public vital installations,
infrastructures and other facilities assigned by the Government of Nepal,
j) to protect the personalities and public vital
installations, institutes and other facilities considered to be given protection
by the Govt. of Nepal,
k) to
perform tasks assigned as per this act and under its regulations or in
accordance to other prevalent
laws,
l) to perform other tasks assigned from time to
time by the Govt. of Nepal.
The
government has entrusted APF in the year 2012 with the security and safety of
industrial sectors throughout the country. It has become a milestone for APF to
have added responsibilities for its trustworthiness and reliability. The
strength of 2,250 personnel for the targeted job of special provisions would
ease the border management and control as well.
APF has campaign programs of public awareness at
borderlines particularly public points of exit entry used for thoroughfares.
They include from anti-trafficking of women to anti-smuggling of goods. This
endeavor has seven widely spoken local languages of Nepalese, Tharu, Tamang,
Bhojpuri, Maithili, Hindi, and Baitadi audio recordings played aloud. The audio
asks the passersby to go through customs provisions for good citizenry. Imposters
in guise of husband or guardians lying the government agencies at the border could
allure innocent tender girls to strange destinations. Upon encounter with
officials they are requested to speak the truth for their own safety.
There
is a non government organization named Maiti Nepal that works at Nepal India
border lines at different points rescuing girls getting trafficked to India. It
has rescued more than hundreds of girls and women from getting sold. According
to the data of Maiti Nepal, 200,000 Nepalese girls are forced to prostitution
in India. The Feminist Daily News Wire states every year 5,000 to 7,000
Nepalese women and girls are taken to Indian brothels. Total estimation is
around 150,000 Nepalese women victims of abominable flesh trade (New Tactics,
2012).
The then Minister for Home Affairs in the year 2010
remained effortful in improving the law and order situation in the country by
introducing special security program. With the implementation of that program,
the country’s security situation improved considerably. Focus of the special
security program was on trans-border security, activities of the armed groups
in different parts of the country and the ongoing Tibetan protests in the
capital (Gorkhapatra, 2012).
The
Indian government has decided to depute Jammu and Kashmir Police along Sashatra
Seema Bal (SSB) to plug Nepal routes used by Kashmiri militants to re-enter the
valley using Indian government's new surrender policy as a cover. There
were some cases found in the past few months in which former militants holed in
Pakistan occupied Kashmir entering into the Valley through Nepal route(Agencies, 2012).
Home Secretary level talks between
India and Nepal in 2008 had reviewed the security and management of the porous
India-Nepal border. The Nepalese delegation was led by secretary of Home
Ministry and the Indian team by the secretary of the Union Home. The
discussions on security related issues centered on effective cooperation in
combating terrorist activities including activities of insurgent groups,
circulation of fake Indian currency notes (FICN), and institutionalizing the
mechanism for real-time exchange of security related information between the
two countries. In
continuation of the tradition a seven-member team led by Inspector General of
APF held talks in New Delhi (3-5 Dec2012) with officials of SSB. The SSB was
represented by its Chief the Director General (nepalnews.com 2012).
Smugglers and their associates or
middlemen bribe officials at customs or revenue offices to pass their transport
to and fro of the borders. Such illegal transactions are corruption and nothing
else. Corruption brings criminal networks together at different levels In
context of Nepal a void in governance, weak border controls, corruption among
civil servants have facilitated networking of black market traders of
consumable items to phone SIM cards(Craig,
Finn, 2011). On several occasions Pakistani and Bangladeshi nationals were
apprehended in Nepal with large amount of fake Indian currency notes.
The
Inter-Service Intelligence (ISI) of Pakistan probably selected the plain land (Terai)
region of Nepal for FICN operations because of the following reasons:
- Unguarded and porous border
- Extreme poverty and under-development on both sides of the border
- High unemployment along the India-Nepal border areas
- The presence of criminal gangs in the borders and smuggling mafia. Besides the Terai is also a refuge for criminals from Bihar, Uttar Pradesh and West Bengal.
- A massive presence of ‘D company’ agents in the Terai who are patronized and funded by ISI(VK, 2008)
Countries facing challenges of corruption
and governance could have also problem of outsiders 'infiltration. These could
be raising threats to the country across border with anti national activities
and corruption weakening the domestic economic status. The interplay between
internal and external forces often occurs at the border (Craig, 2011).
Uttar
Pradesh Chief Minister on 16 April 2012 demanded Special Policing from the
central government of India to check any anti-national activities along Nepal
border. He tried to justify it saying due to strict vigil on the country's
borders with Pakistan and Bangladesh, the possibility of anti-social and
terrorist activity along the Indo-Nepal border has heightened. He also asked
for establishing integrated check-posts and special police arrangements to
control anti-national activities across the borderline of 550kms with Nepal
(Gargi, 2012).
Nepal has anti-corruption integrity
promoting policies but their implementation is noteworthy. One of the noticeable
points is the ineffectiveness in cross-border control. It has become a normal
phenomenon of allegations of corruption to government officials at the customs
and immigrations (Global Integrity 2009b) (Craig, Finn, 2011). The government
has several anti-corruption measures of legal instruments and institutional
structures against corruption such as;
Anti-Corruption Agencies in
Nepal ( List of State-Level
Anti-Corruption Agencies)
Anti-Corruption Agencies
|
Type
|
Major Focus |
Commission for
the Investigation of Abuse of Authority (CIAA)
|
Constitutional
body
|
Investigation and
prosecution of cases of corruption and improper conduct
|
National
Vigilance Centre (NVC)
|
Prime Minister’s
Office
|
Awareness raising
and corruption prevention
|
Special Court
|
Judiciary
|
Adjudication of
corruption cases
|
Office of
Attorney General
|
Constitutional
|
Public prosecutor
|
Judicial Council
|
Constitutional
|
Combating
corruption in judiciary
|
Revenue
Investigation Department
|
Ministry of
Finance
|
Detection of
revenue leakage
|
Independent
Review Committee
|
Committee under
Public Procurement Act
|
Corruption
related to public procurement over Rs30 million.
|
Central Arrear Collection Office
|
Financial
Comptroller/Ministry of Finance
|
Collection of
government dues and arrears
|
Parliamentary
Committees including Public Accounts Committee and State Affairs Committee
|
Parliament
|
Parliament
oversight agencies
|
Office of Auditor
General
|
Constitutional
|
Auditing of books
of accounts
|
Offices of
Regional Administrators (5 offices)
and Chief District Officers (75)
|
Ministry of Home
|
Handling regional
and district-level corruption cases remaining within the authorities
delegated by CIAA
|
Office of
Financial Comptroller
|
Ministry of
Finance
|
Government
budgetary control
|
Source: (Nirola, 2008).
Normally parliamentary democracy
guarantees the human and fundamental rights of the citizen. Though Nepal has
got democratic system in 2006 it is facing a number of problems of poor
governance. Nepal needs to address these problems with full humane
understanding and greater community participation programs. This could be
attained only through informed citizenry (Good Governance, 2012).
Civic engagement is taken for active
participation. The trust between the government and its people is appreciated.
Loss of trust can mean rejection of the people of their government (V. K., Geeta, Ramesh, 2004, p.3).
Hello Sarkar a public call program
direct on air with ruling prime minister was initiated in the year 2012. The
concept is to win heart and mind of people and raise confidence in the
government and the new system of republic democracy. It listens to grievances
and grudges of public unheard. It shows the government interest in favor of
common people of the country (Pushkar, 2012).
The prime minister has for the first
time of its kind ever since 2012 set a new tradition of visiting general
layman's house for a night halt and listen to his and his neighborhood the
governance and their expectations to which the peoples' response has been quite
welcome.
In absence of good governance the
people of the country are the most who suffer and are deprived of benefits and
privileges meant for them. Poor governance generates and reinforces and
subverts efforts to reduce it (Navin). Democracy is not the importation of
alien culture. There is a need for self realization. There should be innovative
changes in the people as a whole for changes of potential good governance (POLSAN, 2002).
Basically
governance is dependant up to whether it could be good or bad relying not only
on the state constitution but also current problems confronting the state. The
philosophers like Aristotle, Plato, Rousseau and others saw the state to
promote the common good (Ilufoye, 2010).
CONCLUSION
Borders are contradictory zones
of cultures and power of bordering countries where monopoly of decentralization
and homogenization are none (Wilson 1998, Kari, p2).
Nepalese
Prime Minister announced on 23 July 2012 the strategy and work plan to
implement the United Nations Convention against Corruption, which Nepal had
ratified on February 23, 2011.On 9 December 2012 the PM at his office in Singhadarbar,
Kathmandu issued directives and instruction in this matter to all top ranking
policy level government bureaucrats to comply with the notice and information
released on behalf of the government. The PM on29 August 2012 admitted his
failures accusing opposition parties. He did gloat over all his achievements of
last one year (Himalayan News Service, 2012).
For
good governance the requisite is that all the actors engage in process of
governance, adhere to well structured codes of conduct and their public affairs.
Nepal government had reviewed its Foreign Aid Policy of 2002 in February 2008.
Nepal Government has created several anti-corruption measures of legal
instruments and institutional structures against corruption. Nepal
government has achieved progress in;
-
Control corruption and improving governance as they worsen the economy
and development of country.
-
System
and government do for more political commitment, strong legal instruments, and strong
enforcement mechanism.
-
The
government has all its machineries put to life line requisites reach delivery
points without hindrances specially Kathmandu thereby winning confidence of the
countrymen.
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Reflecting the Security Border in the Post-Cold War Context - Kari Laitinen
Retrieved from http://www.gmu.edu/programs/icar/ijps/vol6_2/Laitinen.htm
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Ganeshman Darpan
Vol 1, No 5(2069), ISSN: 2091-2404
Publisher: Ganeshman
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