This Code of Conduct has been developed by us and for us, BibekSheel Nepali- a political platform for bringing political change (hereafter platform).The purpose of this platform is to sustain the momentum created by all of us to bring about a constructive and transformational political change in Nepal. Hence, to facilitate the growth of the expansion and reach of the movement, to keep this political platform focused on its goals, and to honor the respect of millions of Nepalese expecting this political platform to ensure greater number of happiness for the greater number of people through political stability , rule of law and advancement toward economic growth in Nepal
Code of Conduct for Members of BibekSheel Nepali
By becoming a member of BibekSheel Nepali, I hereby solemnly pledge to take on the task of contributing for positive change. I understand the importance of this collective effort, and I agree to be a member under the aegis of principles, values and norms of the platform. This is important so that the focus is not lost.
As a member, I am responsible for my compliance with this Code of Conduct with the highest standards of personal and professional integrity in all aspects of my activities, consistent with the commonly accepted norms of non-partisan, non violent, civil/political movements for promoting citizen’s supremacy & human rights, establishing rule of law and ending impunity. Thus, it is my primary responsibility to be familiar with this Code.
If I have any questions or concerns about the rationale of the codes or any questions regarding their practical interpretation, I should approach and discuss them with the disciplinary committee from the Judiciary branch of the Platform, members of the committee are listed at the end of this document.
1. Obligations of the members
I will read the Manifesto document for a thorough understanding of the Platform’s principles, goals and values. I will abide by the platform principles and will consistently translate such principles into actions . This is needed to ensure correct and effective representation of BibekSheel Nepali’s efforts in public through its members.
b. Accuracy of public statements
With reference to point a, I will be personally responsible for integrity and accuracy of the information shared in any public space regarding the Platforms effort.
This platform is a serious political movement that requires loyalty, commitment, integrity, and courage of its members. While we are working toward one end, we recognize that the tasks at hand will need varied means of achieving the goal, and the different expertise within the is an asset which will help synergies in efforts. I am expected to treat the diversity among the individuals (including their approaches and ideas) in the group with equity and due respect.
d. Raising Ethical Issues
Maintaining ethical standards is the responsibility of every member. Early identification and resolution of ethical issues that may arise is critical to maintaining an open and honest group environment. Although this code endeavors to address a wide range of practice and procedures, Platform cannot anticipate every issue that may arise. If I am unsure what to do in any situation, I must seek additional guidance and information before acting. If I have any questions regarding the best course of action in a particular situation, or if I suspect or become aware of a possible violation of a code, I must promptly contact the appropriate legislative and judicial committees of the platform.
Platform strongly encourages its members to raise possible ethical issues. The Disciplinary Committee must be especially alert to any situations and/or actions that may be unethical or potentially damaging to Platform’s reputation and to respond appropriately, and must avoid giving even implicit approval of such situation or action.
e. Protecting and Enhancing the Platform’s Principles and Identity
i) I agree that the focus on our goals must remain unwavering, and every effort must be screened to see if it helps reach our goals.
ii) I am expected to strengthen and protect the platform identity. Our logo and name are examples of our identity. I am responsible to use the platform identity consistently and properly, ensuring that these are not misrepresented or discredited.
iii) In line with our values, I must only engage in nonviolent Civil and political activities that do not disrupt the lives of common citizens. These can include legal demonstrations as well as civil disobedience- all intended to establish and strengthen citizens’ supremacy and values of democracy. Any radical activities or ideas, especially those that may put others at risk, must be first passed through the Legislative wing of the platform.
iv) I must use common sense and observe standards of good taste in judging what information or conversation on the page or at face-to-face discussions is appropriate to be shared publicly with media and on other Facebook pages etc. Repeated display of bad judgment is considered a breach of the Code. Any action on my part that tarnishes the Platform’s credibility is a breach of this Code and may warrant the severest consequences, including expulsion from the Platform.
f. Fund Raising, Expenses and Transparency
i) I must not raise funds, commit any expense on behalf of Platform except when I am using my own personal contribution to help Platform’s efforts. “Money” is a sensitive issue and will only be dealt with by the Bureaucratic committees of the Platform to ensure complete accountability and transparency, on the basis of the planning formulated by the legislative branch.
ii) I agree that our efforts, finances, intentions shall remain transparent to the Nepali public, and may be shared publicly by the Bureaucratic Wing in consultation with the Judiciary wing of the platform
g. New civil-political campaigns / Event Initiatives
Any new campaigns/events proposed has to be endorsed by the legislative wing.
2. Representing The Platform
Dealing with Media
i) To reinforce points 1 a and b, before publishing, making speeches, giving interviews that are connected to Platforms interests, I am expected to be fully conversant with the fundamentals and its principles and seek advice from the external communications committee of legislative wings of the platform .
ii) For impromptu requests from the media, I am expected to use my own judgment whether or not to entertain them. However in all such situations I am expected to provide statements based on platform’s authorized documents and inform platform’s external communications immediately regarding such communication with the media.
iii) While members are encouraged to actively seek media coverage, they are also expected to understand that media coverage can often be a double-edged sword. Too much of it on less-substantive issues can be counterproductive to the cause.
3. Opportunism and Conflict of Interest
I must be sensitive to any activities, interests or relationships that might interfere with, or even appear to interfere with, my ability to act in the best interest of the Platform. Because it is impossible to describe every potential conflict, the platform necessarily relies on my commitment to exercise sound judgment, to seek advice when appropriate and to adhere to the highest ethical standards in the conduct of our both personal and professional affairs.
4. Expulsion or Discontinuation
Any breach of this Code may require disciplinary action including termination of my membership. The Disciplinary Committee’s judgment will be the final call on this. If at any point of time, I do not feel comfortable with any of the rules outlined in the platform I may also choose to step aside and discontinue my engagement by writing a resignation to the executive legislative committee.
Disciplinary committee will be responsible to review and amend this document from time to time as appropriate and any changes in this document thereof shall be duly communicated to all the members within 7 days of introducing such change.
I acknowledge that I have read the Platform’s Code of Conduct and understand that my acceptance to be a Platform’s member purports to me accepting all the obligations as a member as outlined in this Code, and my highest morals including any amendments thereto.
Members of the Disciplinary Committee of the Judiciary are:
Arjun Singh Thakuri
The Adjudicating and Complaining Mechanism:
Following actions shall be deemed as breach of this code of conduct:
Misappropriation of funds, misuse of authority within and outside of platform, conducting against the code of conduct or acts misconduct, undue influence over platform cadres and outsiders, breach of media policy, acts of sexual violence.
The judicial committees shall consider the Constitution of Nepal, Laws of the Country, Platform’s Manifesto, Platform’s Code of Conduct and recognised principles of Justice while delivering the verdicts against the complaints under this mechanism.
Dismissal from all level of platform Membership
Temporary suspension of the membership
In case of misappropriation of fund, refund of the misappropriated amount, in case of non compliance with this clause the judiciary committees of platform may file an appropriate lawsuit against such member(s) in the regular appropriate law court.
In case of committing the actions that are defined as Crime by the national laws and international laws (E.g. corruption by the public officials appointed by the platform, sexual violence and other crimes) the national law enforcing agencies shall be handed over the file for further investigation and proceedings. During the adjudicating time the alleged member shall be stripped of his/her public position acquired because of the membership with the platform or shall not be eligible for holding any public positions until the final judgment are over.
All the actions/decisions based on or occurred because the above mentioned misconducts shall be deemed void from the beginning .
The alleged member shall be suspended from his/her responsibilities of the platform unless the Judiciary unless the judiciary allows otherwise.
Who can complain (Locus Standi)
Direct victims of the actions
Party’s executive and Legislative wings including their committees and subcommittees
Where to file the complaint
Adjudicating committees of National, Regional and District Judiciary wings
How to lodge the complaints:
Through Phone, Email and Formal Petitions, however the procedure of the formal written communication is highly encouraged except in the case of emergency to the secretariat of the adjudicating committee.
The complaints lodged after 30 days of incident shall be filed in discretion of the adjudicating panel, adjudicating panel shall provide the written statement with reason for dismissal of the complaint.
Reasonable Time Test shall be the basis of discretion of the panel.
Investigation on complaint:
Depending on the gravity of the allegations the Judicial Committee may order the petitioners or complaining party to justify the allegations further minutely or shall also start up the investigation on its own.
The alleged party is not necessarily required to be informed regarding the complaint during the investigation period. However this doesn’t mean that the alleged party is being denied of his/her right to be heard.
The adjudicating judicial committee shall communicate the allegation with the alleged party after the investigation is completed and the findings of such investigations shall also be shared with the alleged party. 7 days notice shall be summoned to the alleged party to be present before adjudicating committee along with copy of the complaint (in case of written complaint is available) and the detailed investigation report before the final verdict is passed.
The Final Verdict shall be passed within 3 months of the date of summoning of the written notice to the alleged party.
The Central Judicial Committee (Supreme Court) unanimously shall make the necessary changes to this complaint mechanism as per the requirements. Such changes shall be communicated to all the committees under all three branches of the platform within 3 days. And, shall be published immediately on the notice boards of all three branches.
Except for the substantive part, this Mechanism shall have retroactive effect on the procedural matters.