Summary:
- The government of Nepal has drafted a new law to address conflicts of interest among public officials amid widespread criticism of officials engaging in activities that conflict with their duties.
- The draft bill mandates that public officials must recuse themselves from decision-making processes where there is a conflict of interest.
- Officials must submit written declarations upon appointment, nomination, or election, stating they have no conflicting interests related to their workplace.
- The law covers a wide range of public positions, including the President, Vice President, Prime Minister, Chief Justice, Speaker and Deputy Speaker of the House, judges, lawmakers, ministers, constitutional body office bearers, local elected officials, and government employees.
- Though some laws exist separately on conflicts of interest and public procurement, Nepal currently lacks an integrated law on this issue. The Supreme Court has also directed the government to create such legislation.
- The bill prohibits appointments, transfers, or postings involving officials with conflicts of interest and requires awareness among officials about potential conflicts.
- If a conflict arises in decision-making within a ministry, another official may be assigned to decide. Similarly, for constitutional bodies, decisions can be delegated to another official.
- The bill also limits unauthorized meetings and correspondence between public officials and foreign individuals or entities. Unauthorized acceptance of benefits from foreigners or foreign governments is banned.
- Receiving foreign aid or support without authorization is prohibited and such actions would be invalidated.
- The law imposes strict penalties for accepting support or gifts beyond a specified limit, including confiscation and barring officials from office for a period.
- Gifts received in an official capacity must be registered with the relevant public body.
- Violations may lead to fines, confiscation of benefits, and other legal consequences.
- The bill is in the final stages of Cabinet approval before being presented to Parliament for endorsement.
This new legislation aims to bring transparency and integrity to public service by systematically addressing conflicts of interest and restricting undue influence.
Archive: https://archive.is/OCoEh