Irregularities and Corruption in Issuance of Driving License

Dear all members and subscriber of Nepal Officers Online,

I am writing about an issue on “Irregularities and Corruption in Issuance of Driving License” As most of you know that recently I am working in Ministry of Labor and Transport Management as a capacity of Under Secretary. Currently I am taking care an investigation case about the involvement of govt. officers in excessive irregularities and corruption in license issuance at Driving License Office, Bagmati, Kathmandu. Actually, this case belongs to National Vigilance Center and also regularly dealt by the Commission for the Investigation of Abuse of Authority (CIAA). Some of the national media and news houses have also aired the issue under priority. It is because the case is not only matter of corruption and irregularities but also concerned with national security threats, so we all true citizen must pay honest attention and contribute to address the issue properly.

Of course, I am having serious threats since I have started the investigation. Just yesterday night, I have received a threat call from a self-claimed powerful people of Ministry of General Administration over telephone, he said that he will take any necessary action or may transfer me somewhere else immediately if I do not give up or quite from the case. He forced me to dismiss the case without any delay because one of the accused officers is his very close friend. However, I am not worried at all and ready to face with any upcoming situation without affecting the spirit and ethics of the investigation. Indeed, we will try our best to find out the truth and reach in logical end of the ongoing case.

Therefore, I would like to request you all to share me the related suggestion, ideas, opinions and facts related to the irregularities and corruption in issuance of Driving License at Kathmandu valley. Kindly share us through emails, phones call or any suitable means in accordance with your convenience.

Once again, I thank you all for your continuous helps and cooperation.

Sincerely,

Krishna Hari Pushkar

(Under Secretary)

Ministry of Labor and Transport Management

Politics on Peace and Constitution in Nepal

By Krishnahari Pushkar

Nepal's much awaited highlevel political mechanism (HPM) finally has constituted, but there is much confusion. It is viewed differently in the national and international arena. Some political pundits look at the mechanism as an important milestone while others see a strategic conspiracy. Major national and internationally stakeholders including the UN conditionally and carefully welcomed the new mechanism, with the hope and belief it will lead to positive outcomes.

Interestingly, the voices of favor and dissent in HPM began on the day of its establishment. Senior leaders from some parties are against the mechanism and see it as a serious conspiracy.

Many people say they do not understand this dramatic development of how the political parties and leaders came so easily to join together on this political mechanism without compromising and building consensus over the conflicting political agendas.

The important issue is that HPM is neither politically-democratically approved, nor is there a clear working strategy. So people are curious to know how such a mechanism will cope with the existing paradoxical scenario where the ruling and opposition parties are being confronted and endlessly conducting political marathons against each other. Frankly speaking, the ruling and opposition parties are not on the right track. All are focused on power-games rather than contributing towards the logical end of the peace process and building the constitution for New Nepal.

The parties and their leaders have forgotten their principal mandates, and they have deviated from the path they committed to. Specifically, peace building through successful implementation of a comprehensive peace accord (CPA) and restructuring the state through constitution building should be the principal goals of the national polity. However, both issues are in limbo and have become matters of lower priority.

I believe what is needed is a clear and visionary roadmap, using HPM, with really positive goals and objectives working towards the peace process and constitution building. Otherwise, it will be understood publicly as a continuation of a strategic conspiracy culture against the existing coalition government.

The mechanism should able to expose clearly how they will handle the issue of Maoist version of civil supremacy, madhesi and other ethnic version of inclusion and federalism, the confused and misguided version of PLA integration and many more contemporary issues that have become issues of mutual face-offs among the parties. In addition, HPM should describe the agreed structure of the cabinet and how they work to address the national agenda and priority.

These are really crucial questions for all Nepalese as well as concerned institutions and agencies, so it must be clarified beforehand to see the HPM as a part of positive effort and commitment for the peace process and constitution building.

Experts illustrate that peace process and constitution writing will not be successes until Nepal gets a multi party coalition government and common political consensus on the aforementioned issues. The peace process and constitution writing may be further paralyzed if even a single political actor is ignored or excluded from both the peace and constitution building processes. Therefore, all parties and political forces should be given equal importance and treated democratically in a rational manner.

In plain view, the peace process should reach almost a logical destination once the cantonment based former Maoist guerrillas are successfully managed in accordance with the letter and spirit of the CPA and Interim Constitution of Nepal (ICN).

The ruling party and opposition both are avoiding the major issues by using various crosscutting power-politics, and switching day by day the public commitments. In addition, in the name of democracy and politics, all of the Nepalese political parties are acting beyond political ethics. The general Public are irritated and fed up with Nepalese political culture, the smaller and bigger all parties believe that criminalized politics, militarized activities and roughshod impunity are the ways to oppose the government while they live in the opposition room.

Nowadays, no political parties look at legacy, legitimacy, rationality, relevancy and utility of their political activities, rather they have a blind desire to capturing the cabinet. In such context, how can Nepalese people expect positive value from HPM without experiencing the forthcoming impacts into practice? The people are in confusion. The HPM has created a huge illusion among the stakeholders of the Nepalese peace and constitution building process.

The international community, specially the UN believe that HPM is a product of continuous efforts of United Mission in Nepal (UNMIN) and also the UN Secretary General Mr. Ban Ki Moon, but it is just a misconception. It is because the HPM was not constituted in accordance with the spirit of diplomatic efforts, peace accord and constitutional provision.

It is sad to say, in many ways, the UNMIN is a failed mission, not able to achieve its even minimum assigned tasks and responsibilities.

It has not done much except to have a nominal role in technical affairs of cantonment management, verification, political marketing and to pay just limited diplomatic courtesy. The UNMIN is observed as an ambiguous agency that raises the situation of confrontation among the major political parties.

One can ask why does the UNMIN still stand, given such failure and low performance? Experts say it is only to respect the UN resolution and to maintain the relationship with UN for future support and continuation of ongoing development process and post conflict affairs of Nepal.

The UNMIN is seen by opposition political parties in Nepal, as a pro-Maoist institution, however, this is not completely true, even though politicians blame it for being so. The UNMIN became unpopular due to weak diplomacy of its managers; most of them have been unable to even deliver proper diplomatic output and failed to maintain the minimum diplomatic code of conduct. Most of the UNMIN officials poorly manage their assigned roles and dutiess in the peace and conflict affairs of Nepal.

They are unable to manage effectively even the cantonment, verification process etc and to deliver diplomatic pressure on respective politicians to enforce CPA efficiently, duties assigned by UN resolutions.

The Politicians are polarized on UNMIM performance, some of the politicians have strong affection and some of them are alienated, so the public are under serous confusion to identify who is right and who is wrong. The reality is that UNMIN failed to maintain balanced relationsips and deliver impartiality, neutrality and diplomatic capabilities. That being the case, the HPM must unite and make necessary common consensus to deal with UNMIN. The HPM needs to exploit the positive features of UNMIN systematically, that could be helpful to facilitate the ongoing peace process to a logical end.

Nepal has a history of the sorriest experiences of constitutional instability, changing its constitution so often. The HPM must succeed, to include the needed characteristics in the new constitution to make it more sustainable, visionary, reliable, and people and nation centric.

The HPM must learn from the countries where the constitution functions well over decades, especially from the US, Canada, Australia, India, France, Switzerland. Those constitutions have nice characteristics, are well established and considered good constitutions by their people and the world.

Among these constitutions, we found some common similarities; holding enough public legitimacy, having greater public and political trust and respect, addressing the greater degree of domestic and international affairs. The constitutions are also successes in transforming diversity into pluralism, addressing the need and desire of excluded, marginalized and deprived groups and societies of the nation, delivering good governance, making rational redistribution and maintaining social justice.

The assurances of public rights and high level of liberties is a common feature among them; they also guarantee civil supremacy, good governance, constitutionalism and rule of law. However, the meaning, definition and understanding of the discussed characteristics may be differed in each country and context. In addition, the constitutions are capable enough to deal with the possible peace building, conflict management and to handle the contemporary issues of the respective nations.

The rational flexibility of the constitutions allow them to respond to unexpected matters and future affairs of the nation. These constitutions are considered very homely and nationalistic, and developed in accordance with the need and importance of the nation. They mention international dignity and cope with international diplomacy by leading their images in the international arena. Indeed, providing good national security and maintaining national unity and integration is also a principal strength of these constitutions.

One of the most essential strength of the constitutions is that states are efficiently and significantly providing all basic and common goods, services and opportunity to the people without disorder and discrimination. The scientific provisions of justified power sharing, constitutional provisions to respect the majorities and preservation of minorities on the basis of equality and equity are additional strengths.

The justified social inclusion and scientific representation provisions are major, to provide the opportunity for national mainstreaming. The constitutions have assured discrimination free society and necessary legal arrangements against any disqualification of people's life and governance.

In short, these constitutions have capabilities to bring and maintain peace and harmony in the nation. The exemplified constitutions are well capable to manage conflicts in efficient ways; proved capable to keep their people and nation happy, healthy, and prosperous. The constitutions are capable of providing solutions of the majority of national sociopolitical issues.

The ruling and oppositions parties pay equal respect to the constitution. It does not a matter whether the countries are practicing capitalism, socialism, or a mix of governance or adopt unitary, federalism, confederation or any other type of government or governance. The illustrated constitutions provide different types of approaches for governances or government, but all are considered successful to a greater extent because they have been delivering and bearing those characteristics lucratively in a systematic and scientific manner.

Generally, every constitution should be capable of keeping their nation and people more happy, healthy and prosperous, which are considered major characteristics of a sustainable constitution. Therefore, the HPM must be careful and capable to include those essential characteristics in the upcoming constitution of Nepal, if they are committed to making the new constitution sustainable and successful, otherwise unpredictable forces will go in revolt and start fighting for new constitution as happened in the past.

In this regard, the HPM has many challenges and opportunities ahead with huge possibilities of successes, if they act honestly, jointly and continuously in accordance with the people's mandate and spirit of the Interim Constitution of Nepal, by keeping the national interest and people's wishes at teh forefront as a guiding principle of their duties and responsibilities. It seems the principal conditions for HPM are to unite all active parties and politicians to get common political consensus from inside and outside of the power-gameboard to deal with the issue of the peace and constitution building process.

They must achieve national consensus and an all parties coalition government to ensure the logical end of CPA and to achieve the successful and sustainable constitution in due time. The HPM must concentrate on common national agenda and priority rather than focusing on changing the particular parties or leader from the Government.

So I wish Good Luck to the HPM!

(Mr. Krishnahari Pushkar writes about social issues, security and conflict management, often in relation to Nepal. An Under Secretary of Government in Nepal, he is well honored as a Peace, Security and Conflict Management Professional, who contributes regularly to national and international nongovernmental organizations as a peace and conflict management expert.)

Source: http://newsblaze.com/story/20100111132807abha.nb/topstory.html

Corruption Issues in Nepal Immigration

B. Basnet, (a recently transferred staff)

Immigration Staffs are forced to do corruption due to following reasons:

1.) They have to use either huge monetary or power effort to get transfer or kaaj in Immigration Office; there are very rare staffs who got posting under fair scheme.

2.) Most of the top level officers of the Ministry and Department ask for the regular labia from the junior staffs of Airport Immigration

3.) The senior authorities of Home Ministry and Department often send their special representative to collect their commission regularly; most of their hanuman is illegally work there in so called unlimited KAAJ.

4.) Whenever the higher level officials go for abroad visit, than the Immigration Staffs has to compulsory provide them estimated pocket money, necessary expenses for gifts and other stuffs in respective currency.

5.) The Immigration staff has to supply the necessary hard drinks to the higher official of the Home Ministry and Department whenever they requires for individual or party uses.

6.) The top level officials of the Ministry and Department also force to buy international ticket if their family member requires to pay in individual capacity.

7.) Most of the immigration staffs do not meet even minimum quality for immigration but they just get prepaid posting with a single mission to earn anyhow money.

8.) The Immigration staffs do not get any additional incentives, so they have to collect illegal money to pay their food while works in duty and to afford night transportation cost.


9.) The Immigration staff has to pay monthly dadagiri tax to the police, vigilance, NID and also other authority to prevent from unnecessary difficulties.

Source of Illegal Income:
In Immigration, the illegal travelers are the source of major illegal income. Normally fair travelers are not under targeted income source list. The types and volume of illegal or curtailed travelers are amazing. Most of the illegal work is done with the pre-consent and coordination of higher level official of the Ministry and Department. The percentage of such income immediately distributed through their agents. So, it is stupid to blame only to the junior immigration staffs for corruption matters.
Who is responsible for the pathetic situation?
Principally the secretary, respective joint secretary and director general are the responsible for the situation since they involve in transfer, posting, kaaj, supervisions and monitoring etc.

How to establish good governance in Immigration?
1. Urgently review the immigration service delivery system, procedure, and laws
2. Some prequalification test should be done yearly in free and fair manner and selected employees should be kept in a special roaster

3. Transfer and posting should be done under the basis of prequalification test results.

4. Reward, punishment and incentive tools should be practices effectively and efficiently

5. The advance immigration technology should be introduced immediately

6. Supervisory and monitoring mechanism should be made effective and efficient

7. Immigration should be made resourceful and also keep in serious priority of the nation

Is it a solution, if the Immigration office removed from the Home Ministry (civilian system) and handed over to the other authority?

No and never, it is not a solution, whether it is removed from the civilian authority and handed over to the any other authority because the people may be same and can be transferred to the newly constituted authority. Actually, reform is related to the human affairs, it deals with the attitude, perception, honesty, motivation, capabilities, rights, responsibility, accountability, resources, procedures and many more other things. So just to transferring into one to other is not a solution. The losing the Immigration from civil system may prove the poor performance of existing leaders. So, the higher authority should be very careful in this matter.

Who is the principle partner for corrupt Immigration System?

Specially the police, intelligence, labor desk, airlines, vigilance, NID, arm police force, Nepal army, and civil aviation authority, & custom are the major partners for corrupt immigration system. To be honest, in hierarchy, the Immigration is in lowest rank in corruption, if the comparative chart developed among the authorities located at the airport.

Conclusion: the Immigration cannot be reformed and run under free and fair track until and unless the higher authority takes full responsibility for immigration service system. First, they might be honest towards their decisions, direction and supervisions. Once they get honest, the immigration service will be perfect and exemplary in few months.

(Note the series of this report will continuously respectively)

Police Terror _ Immigration Strike & Corruption in Kathmandu Airport

Dear All,

We would like have some valued suggestions from you about our immigration system, especially about the issue of our International Airport. Actually, we are facing several criticisms from the foreigners as well from our citizens too. They often accuse that the overall management of TIA is very poor, buck passing, corruption and mental torture for general travelers are very common. In this regard, some of our recently transferred colleagues are committed to reform on the issues related to overall ill practices and sick management areas of TIA. Though, it is very tough job and could not be achievable until and unless the all airport related authorities and public work together collectively for betterment.

I am stressed to talk about the recently appeared some incidents:

In last two weeks, there are huge tensions among the labor desk, police and Immigration personnel over ill culture of work and crooked manner of police. Consequently, the immigration works were forced to stop (strikes) till now three times for half an hour, where entire passenger has to suffer and flights were in difficulties, newest incidents were appeared tomorrow at apx 9:45 at night too,where I was presented and observed the entire incident in departure section. The cause behind was illegal police torture to the Nepalese tourist and labor. They were got clearance from immigration accordance with the law and its system, however refused by a boozy police team talking that the paper is not enough for traveling abroad; even they had valid immigration clearance, ticket, passport, visa and necessary foreign currency.

Actually, police are doing all the things except policing. In plane word, police is poorly maintaining security and controlling criminal activities in Airport zone. As a proof, you might have heard recently, that the money, laptop, cash etc were looted from the car inside the airport by criminal, bomb were blasted near by airport. The general airport staffs have to suffer with the regular tension of helmet and fuel robbery from the parked vehicle, specially from the security restricted zone, though police are deaf and dump about the matter.

The Airport is suffering with the terror of police. They act beyond their responsibility and use to check visa and passport and often doing torture and saverly exploit to the labors, who can not react for their rights. The serious matter is the job related to visa passport /documents control is assigned to Immigration authorities by immigration laws, even though the police interfering in immigration system and doing malpractices.

Now every one can see it, police check illegally and ill mannerly visa and passport in the golden gate, entry gate of inner gate, in the ladder before entering in immigration zone, and also after the immigration clearance, it could happened even in boarding time too, if you could not able to please the police. Normally, they are not supposed to do except the case of criminal affairs and some rare circumstances. The uniformed and uninformed polices very often terrorize to rural people. The labor as well as manpower has to pay lots of money for them, otherwise police will block even the legal people to get inside in the flights.

Actually, labor and many innocent people do not know much about the core immigration system and its personnel, so they think all the difficulties are created by Immigration authorities and they complain everywhere about the matter, which is partially right only. To be honest, I do not refuse some ill culture exist in our system; however, the reform is in progress.

We have informed to our higher authorities as well Akhtiyar and specially to the ministers who use to come for observation, so hoping they are working to resolve the issue soon.

In this regards, we will be thankful, if you could contribute your suggestions that will be collectively send to our concerned authorities for reform of overall Airport System. Thank you.

"Nepal judiciary is corrupt"

'Serpent' Charles Sobhraj in jail in Kathmandu

He is one of the world's most notorious killers but Charles Sobhraj is worried and has finally decided to knock the doors of the French president for help. Sobhraj - a French national - shot a letter to Nicholas Sarkozy saying that he was not getting fair trial in Nepal. His lawyer meanwhile has said, the Nepal judiciary is "corrupt".

Sobhraj is worried he may have to spend the rest of his life behind bars in Kathmandu, with the Nepalese Supreme Court postponing its verdict on his life sentence for the third time in two months.

"Nepali judges are corrupt"

His lawyer, speaking excusively to TIMES NOW from Paris, has upped the ante accusing the Nepalese judiciary of corruption.

"There is a lot of corruption in Nepal and there have been many evidences of various sections of people giving money to some judge. I supposed that there could be some 'enemy' that will use this to influence the Pattan court," said Sobhraj's defence lawyer Isabel Peyre.

"There are some people from the department of police who have fabricated documentation - for instance, they announced that they will open a new proceeding against Charles Sobhraj if the SC decides to free him. So I was obliged to deliver a press release on this question because it is completely illegal," said Peyre.

She said it was possible that the American girl he is accused of killing was involved in drug trafficking and had been done away with by her dealer. "I suppose - because in Kathmandu there is a lot of trafficking - that she was dealing with someone to buy drugs and killed by may be the dealer. There are many cases like that in Nepal, but Sobhraj has nothing to do with that," said Peyre.

The man who has allegedly committed over 39 murders in three continents now threatens to go on a hunger strike. His lawyer says the evidence against him for allegedly murdering 2 tourists in Nepal in 1975 is flimsy and that he is being victimised because of his reputation.

"It is completely crazy because there is nothing, nothing in fact, against Sobhraj to prove that he was in Nepal in 1975, in Kathmandu. It is not right that he has been kept in jail in Nepal since 2003 because this man was never in Nepal nor did he kill anybody there. He has just been jailed because he is a legend all over the world," said Peyre.

A French citizen, Sobhraj now wants the International Court of Justice and French President Nicolas Sarkozy to to intervene.

This is a gambit typical of the man, who has always kept himself in the media limelight. The question is, will it work?

Please also see:

Nepal's Judiciary Most Corrupt: Global Corruption Report 2007

(Interview by Yogesh Raman)

Source:timesnow

Embassy’s house turned into prostitution and drug-addict's centre

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Krishna Hari Pushkar
Berlin, Germany

This is a pity story and a black and white truth about our Embassy’s building in the heart of Europe that currently turned to an illegal prostitution and drug-addict centre. Observers also claimed that it is a centre point for illegal activities and thugs; however, it is still an under-going research. This house might possibly be listed as an illegal activity centre in European security record as well due to the shameful carelessness of Nepalese Foreign Ministry.

I guess majority of conscious Nepalese and Germans are awfully familiar of our beautiful and luxurious building that used to be a principal official building of Nepalese Embassy in Bonn, Germany. The most remarkable is, it is still one and only official building in Germany which was bought by the tax of Nepalese people and still belongs to Nepal Government.

Since our embassy moved to Berlin, it became completely vacant and orphan. The huge and beautiful building and the worthy properties have now become useless and completely ignored due to the raucous lackadaisical management policy of authorities in Nepal. The most shameful pint is, such huge properties are getting weathered and dwindled. Our government is continuously paying thousands of Euros per year as compulsory basic service fee from our taxes to the various German authorities. Isn’t it disgustingly shocking? It seems that our authority’s bench is somehow promoting illegal activities through such approaches. Shame on such guardian-class policy makers!

I have personally invested lots of effort through various approaches and informally interviewed various people and authorities on the existing situation of our beloved Bonn based building. They observed and reported that most of the materials from light bulbs to windows, doors, glass, plants, trees, garden, electronics, sanitations, etc have been hacked or deteriorated. Thugs, Illegal prostitution activities, drug addicts, drunkards and some of unidentified groups around and inside our premises are the most often witnessed horrible scenario at isolated hours of day and night in Bonn’s Building.

Though, one can’t blame our Berlin embassy and Ambassador for such a horrible situation, for I learned during my investigation that our Ambassador has been trying his best since last few years to resolve this problem. Selling the Bonn’s building and buying a new one in Berlin would have been a better solution and our Embassy here kept no stones unturned to sell the building under the proper provisions by government of Nepal but unfortunately embassy’s hands are cuffed to do anything other than writing and discussing the issue with senior bureaucrats and leaders; as Nepal’s law only permits Ministry of foreign affairs and our cabinet to resolve such issues. Embassy and Ambassador have repeatedly asked and approached officially and personally to the ministers, ministry and the secretaries regarding the problem. Despite the fact is that no one cares about the issues, they always have a beautiful smile and a well set verbal assurance, but the outcome is zilch till now.

I guess there might be some sort of problem in sharing personal benefit and commission among the concerned authorities. An example, our Embassy in London, the building which is hardly in the condition to be sold than Bonn’s building, however, our top concerned bureaucrats and responsible political leaders are insisting and processing to sell the building as early as possible; the question emerges why they are highly focused on UK’s building avoiding the Bonn’s instead?

I challenge our authorities to publicly expose the comparative situational need of selling the Bonn’s building and London’s building! Do they dare to show any rational report in details about the true situation that which one is more significant to be sold immediately? In my opinion, deciding to sell Embassy’s Building in London and turning blind eye to the management of Bonn’s building would be a crime against state and new generation. There can be superficial justifications as the renovation cost would be huge, but here I object and I myself being in the land of Europe, I am well aware of the cost that may range in renovating the oldest of the buildings, taking the UK’s building in concern, It won’t need any more than one tenth of the budget that would otherwise be as commissions or bribe spawned by the sale of this building.

I humbly appeal to all concerned Nepalese to take immediate action against the above mention savage state of affairs. I thank you all for your help and cooperation. Thank you.

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