Kathmandu, Mar. 2: The report submitted by the Diplomatic Passports Abuse Investigation Commission, 2056 constituted by His Majesty’s Government has tendered a 9-point suggestion to curb the abuse of diplomatic passports.
The suggestions tendered by the commission include acquainting persons and officials who hold diplomatic status with the importance of such status, its moral obligations, and the far-reaching consequences of any infringement of the legal and moral duties and obligations that attach to such personalities. Immediate improvement in the existing laws with fixed criteria for effective punishment of persons involved in the abuses of such passports is also included.
The commission holds the view that the possibility of abuse of such passports will decline if clear provisions and processes are laid down for the distribution of diplomatic passports and the law itself enunciates the basis for issuing such passports in order to bar their issuance merely on the recommendation of some influential entity. These provisions should be included in the relevent laws and regulations.
It has suggested immediate initiatives for the use of computerised photos and descriptions of the passport holders in accordance with modern international practice in order to prevent substitution of photos and tampering with the descriptions.
It has pointed out the need for the Ministry of Foreign Affairs to formulate a policy with separate criteria for passports for high level officials and for delegation members, family and relatives, and to coordinate with the embassies.
Compulsory provisions for keeping detailed records about passport holders such as country to be visited, motives and duration of visit along with other details required in filling up boarding forms at airport immigration are also recommended. If the office maintains records on passport holders it will be able to check on the return of particular persons and scrutinise his or her activities.
The commission came to the conclusion that measures should be carried out including drawing the attention of the concerned authorities and issuance of instructions until the formulation of new laws.
While issuing such passports through the Ministry of Foreign Affairs, there shall be a compulsory arrangement for taking receipts from the passport holders as well as establishment of a tradition of issuance of directives containing compulsory terms and conditions and the legal duties and responsibilities to be fulfilled by the passport holder.
There should be a provision for maintaining records of diplomatic passports and their high security storage under an official assigned specifically for this purpose under the concerned ministry and division and provisions for stern action against him in case of passports other than those issued in accordance with the law going missing in view of complaints about the disappearance of such passports before their formal issuance.
In view of lack of provision for mps, former judges and former ministers acquiring such passports under the existing laws, the tendency to issue such passports to such persons merely on the basis of some order and some documentation also constitutes abuse of such passports, the report points out.
It also states that issuance of such passport for long periods, not returning the passports at airport arrival on completion of the purpose for which they were issued, holding onto them illegally for long periods or holding them without making the visits for which they were issued are contrary to the existing laws and regulations.
Persons and officials who acquired diplomatic passports in contravention of the regulations should be subject to action for conduct against the passport act and regulations as their particulars are in the possession of the Ministry of Foreign Affairs.
It also recommends action in accordance with the public prosecution act 2049 against those who failed to submit such passports at airport immigration upon completion of the tasks for which the passports were issued as proved through documents at the immigration office.
The commission was formed on December 7, l999 under the chairmanship of former judge Jhulendra Prasad Regmi with Dron Raj Regmi from the Appellate Court Patan and Advocate Narayan Prasad Ghimire as members.