UNCAC and Cooperatives in Nepal: Implementation and Challenges
Learn about Nepal's implementation of the United Nations Convention against Corruption (UNCAC) and its focus on the cooperative sector. The article discusses Nepal's ratification, the National Strategy and Plan of Actions, the formation of the Steering Committee, laws enacted, monitoring progress, and compliance reviews. Challenges in implementing UNCAC within the private sector are also highlighted.
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Presentation Transcript
United Nations Convention against Corruption (UNCAC) and Cooperatives in Nepal Phanindra Gautam September, 2017
UNCAC and Nepal Nepal became party by ratification on February 23, 2011 GoN approved National Strategy and Plan of Actions (NSPA) for implementation of UNCAC in 2069 NSPA contains legal, policy, structural and administrative measures to be taken for effective implementation of UNCAC
UNCAC and Nepal GoN (Council of Ministers) has formed the Steering Committee under chair of the Chief Secretary comprising Secretary at OPMCM, Secretary CIAA; Secretary MoLJ; Chief Officer NVC; Deputy Attorney General as members. Mandated with taking policy decisions on legal, policy, structural and administrative measures to be taken for effective implementation; coordination and monitoring of activities taken
Contd.. All line agencies to take initiatives on their on to implement the NSPA Laws to be amended and new laws to be enacted have been identified Some laws have been passed, some are at Parliament and some laws are at draft stage Main challenge is to cover the private sector within the framework of the UNCAC
Contd.. New laws have been enacted: Organized crime control law Mutual legal assistance law Extradition law New laws to be enacted are: Law to avoid conflict of interests Whistleblowers protection law Protection of witness, victims and experts
Monitoring Progressive reports come in from different government agencies and OPMCM monitors them More than half of agencies have already submitted reports
Review of compliance Comprehensive review of compliance conducted in 2013 Next review cycle in 2017 on Chapter 2 and Chapter 5 dealing with preventative measures and Assets recovery respectively Preventive measures duty of all and assets recovery state alone
UNCAC and Cooperatives Nepal s Constitution envisages Nepal s economy to be based on three broad sectors: Public, private and cooperatives. Obligation under UNCAC requires Nepal to bring cooperatives sector within the ambit of UNCAC and thereby within anti-corruption laws and policies There are incidents of cheating peoples and embezzlement of funds in cooperatives, so stronger regulatory regime is required
UNCAC and Cooperatives Policy and laws have to address issues of money laundering, financing terrorist activities and other forms of organized crimes under the guise of cooperatives Predominantly being a mechanism of small saving for low income groups, priority should be accorded to address issues of corruption in public and private sectors than this sector.
Way Forward Formulation of policies enactment of laws for healthy development of cooperative sector Concerns of members of cooperative societies must be addressed with sound mechanism in place Trainings and sensitization programs to be launched massively to members of cooperatives on good corporate governance Regulator of cooperative must be strengthened by means of institutional reforms, human resources and budgetary support and trainings
The End Thank you
