As the National Assembly prepares to ratify the BIMSTEC Convention on Mutual Legal Assistance in Criminal Matters tomorrow, several MPs raised concerns over Bhutan’s legal preparedness and institutional readiness to implement the agreement. The regional convention aims to strengthen cooperation among member countries in criminal investigations and prosecutions related to terrorism, organised crime, money laundering, and cybercrime. It was signed during the 5th BIMSTEC Summit in Colombo in March 2022.
During the third reading of the convention today, MPs questioned whether Bhutan’s current legal infrastructure can support such an agreement.
Gangzur Minjey MP questioned the urgency of ratifying the agreement without first enacting a Mutual Legal Assistance (MLA) Act.
“Our country currently lacks a Mutual Legal Assistance Act. Most countries that have ratified this convention have the Act, which helps them respond effectively to assist and fulfil requests. Without it, our law enforcement agencies may face challenges in both providing and seeking legal assistance,” said Loday Tsheten, Gangzur-Minjey MP.
Sharing similar concerns, the Deputy Speaker questioned whether high-level experts were adequately involved in reviewing the convention.
In response, the Human Rights and Foreign Relations Committee acknowledged the absence of a Mutual Legal Assistance Act but stated that a draft is in place.
The committee said the Act will likely be presented in the winter session.
“Bhutan and Nepal are the only BIMSTEC member countries that have not ratified the agreement. If we don’t sign it and later request mutual legal assistance, other member countries could cite our non-ratification as a reason to deny support. That would pose a challenge,” said Damche Tenzin, Chairperson, Human Rights and Foreign Relations Committee, National Assembly.
On the other hand, the Finance Minister said that the current legal provisions would allow authorities to act effectively until a formal Act is in place.
“I think the agreement can be implemented even if the agreement is signed before the Mutual Legal Assistance Act is finalised. This is because the country’s existing national laws are robust enough to manage mutual legal assistance requests,” said Lekey Dorji, Finance Minister.
According to the committee, the ratification and implementation of the BIMSTEC Convention on Mutual Legal Assistance in Criminal Matters is a significant step towards strengthening regional cooperation in combating transnational crimes.
The House will make its final decision on the agreement tomorrow.
Namgay Dema
Edited by Sonam Pem
