An Open Letter to Prime Minister Pushpa Kamal Dahal

Dear Prime Minister Pushpa Kamal Dahal,

We, as concerned citizens and advocates of good governance, human rights, and the rule of law, write to express our profound concern regarding the recent appointment of Mr Rabi Lamichane, chairperson of the Rastriya Swatantra Party (RSP), as the Home Minister of Nepal. Your decision in this matter and the subsequent defense of it, rather than a gesture of regret, has raised significant concerns about the integrity of the government and its adherence to constitutional principles, the Good Governance Act, the Convention against Corruption, and the coalition's 8-point agreement.

It is widely known that Mr Lamichhane is currently under police investigation by the Kaski District Police Office for his alleged involvement in cooperative fraud. This information has been extensively covered by various local and national media outlets. However, there has been no clarification from the relevant authority regarding the actual status of the reported investigation. The fact that he is under investigation raises serious concerns about the suitability of his appointment as the Home Minister, particularly given the nature of the allegations against him.

While we understand the importance of granting Mr Lamichhane the benefit of the doubt until proven guilty, it is crucial to ensure the impartiality of the investigation. Placing him in a position of power where he oversees law enforcement agencies responsible for investigating criminal activities, including the allegations against himself, creates a potential conflict of interest. It is imperative to ensure that the investigation proceeds impartially and without any undue influence from individuals in positions of authority.

Equally important is the need to maintain public confidence in the integrity of the government and its commitment to upholding the rule of law. It is essential to rectify any perceived conflicts of interest and uphold the highest ethical standards in government appointments. Failing to do so sets a bad precedent and undermines the credibility of our institutions, which are already facing a legitimacy deficit.

Mr Lamichhane's appointment also contradicts his own track record as a vocal advocate against corruption, bad governance, and conflicts of interest. Throughout his career as a journalist, he has consistently spoken out against unethical practices in government. His appointment to a position of power while under investigation for fraud contradicts the principles he has previously embraced and undermines his credibility as a champion of good governance.

For a newly established party like the RSP, which has instilled hope in the hearts of common people, Mr. Lamichhane's appointment is bound to erode public confidence and support sooner or later. By appointing Mr Lamichhane to a crucial government position amidst the ongoing investigation, the party risks alienating its supporters and undermining its credibility as a beacon of positive change.

There should be no double standards when it comes to accountability for alleged involvement in crimes. While common citizens are held accountable for their actions, politicians often enjoy immunity and political protection, even when facing serious allegations. This discrepancy erodes public trust in the fairness and impartiality of our governance system as well as justice system and contributes to a culture of impunity among the political elite.

It is essential for all individuals in positions of power to lead by example and demonstrate a commitment to upholding ethical standards and preventing conflicts of interest in government. Compliance with norms of good governance and the rule of law is essential for building a fair, transparent, and accountable society. The Nepali people are not in favor of leaders who refer to bad precedents to justify breaches of political morality. It is highly undesirable for new leaders.

Tolerance for breaches of conflict of interest in government positions and political acceptance of unethical governance practices are among the reasons for Nepal's poor global ranking in terms of good governance and the rule of law. When government appointments are perceived as being influenced by partition and personal interests rather than merit and integrity, it undermines the effectiveness of government institutions and erodes public trust in the government. Addressing conflicts of interest and promoting ethical governance is essential for improving Nepal's standing in global rankings and fostering sustainable development and prosperity.

The appointment of Mr Lamichhane as the Home Minister is deeply troubling not only from moral and ethical grounds but also from constitutional and legal perspectives. Firstly, it violates the principles of good governance and the rule of law enshrined in the preamble of the Constitution of Nepal. Similarly, the letter and spirit of Article 51(B)(4) require the state to guarantee good governance, including making public administration which includes police administration fair, competent, impartial, transparent, free from corruption and accountable. Mr Lamichhne's appointment, while he is under police investigation for cooperative fraud, clearly contradicts these constitutional principles.

Furthermore, the appointment goes against the right of the Nepali citizens to good governance as outlined in the preamble of the Good Governance Act. This legislation aims to promote transparency, accountability, and ethical conduct in government institutions. By appointing an individual under investigation for fraud to a position of power, the government undermines the very principles it is obligated to uphold.

Nepal is also a party to the United Nations Convention against Corruption (UNCAC), which emphasizes the importance of preventing conflicts of interest and promoting transparency and integrity in public administration. Article 7 of the UNCAC underscores the need for effective measures to prevent conflicts of interest in the public sector. Nepal has repeatedly made unequivocal commitments to implement the Convention at the national as well as international levels. The appointment of Mr Lamichhane, while he is under investigation for fraudulent activities, is also contrary to Nepal's obligations under this Convention.

Moreover, Mr Lamichhane's appointment contradicts the 8-point agreement reached among the coalition partners and their common minimum program, which emphasize good governance as one of the overarching principles as well as the goals of the coalition. By disregarding these principles, the government undermines the legitimacy and credibility of its governance.

Overall, the appointment of Mr Lamichhane as the Home Minister raises serious concerns regarding conflicts of interest. In his capacity as the Home Minister, Mr Lamichhane occupies a crucial position overseeing law enforcement agencies, including those tasked with investigating criminal activities. Entrusting someone currently under investigation for fraud with the responsibility of overseeing the very institutions investigating them compromises the impartiality of the process and erodes public trust in our justice system.

In light of these concerns, we urge you to reconsider the appointment of Mr Lamichhane as the Home Minister and to uphold the principles of good governance, transparency, and accountability. It is essential to avoid the situation of conflict of interest in appointments to public office and set examples for all other public-office holders in the country.

We call on you and the respective coalition partners to take this matter seriously and take action to restore public confidence in the integrity of our government and its commitment to upholding the principles of good governance and the rule of law.

Thank you!

Raju Prasad Chapagai, Constitutional and Human Rights Lawyer

Nirajan Thapaliya, Advocate and Human Rights Defender

Santosh Babu Sigdel, Advocate and Human Rights Defender