Security Service Delivery in Nepal Emerging from Conflict

In post-conflict societies, there are often urgent needs to establish a basic sense of law and order. Only after this has been achieved, can the wider issues of safety and security be addressed. This continuum from disorder to order to safety and security is the essential starting point for justice and security delivery in post-conflict states. Looking at the current situation of law and order in Nepal, still much remains to be done by the present government to reinforce the peace and security.
The challenging situation of law and order in the country has many backdrop settings. First, the Nepal police force has been authoritarian and characterized by weak accountability and lack of civilian input into policing policy since the very beginning. The efforts to improve this institution have had very insignificant impacts in the past. Second, the high aspirations of people along with the April revolution (Jan Aandolan II) have added more challenges to the security system. Third, the remnants of the decade-long armed conflict are continuing. Fourth, the present seven party alliances (SPA) government was much focused on the peace agenda and therefore lacked strategic plan and direction for justice and security. Fifth, the security apparatus was also confused, demoralized and weak. All these backgrounds have attributed to the sorry situation of law and order in the country.
The effects of the decade-long armed conflict in Nepal have caused the erosion of the law. This has resulted in a state of lawlessness, a gun running culture, fostering armed and organized immoral syndicates. It has also caused colossal damage to the national economic growth and shattered the societal fabric of civilization. The underlying harms caused by the organized crimes of criminality are immense. Crimes have severe implications through the costs of victimization, which undermine economic and social development. At the same time, there are many pedophiles on the prowl. Many women and children suffer from sexual exploitation. The police find little time to look into these callous acts against humanity. Consequently, the impacts of these crimes have been heavy upon the price and quality of life of Nepali.
The police and criminal justice system in Nepal remain abusive, corrupt, and ineffective. The politicking in police in the past has distorted the attitude, skills and practices of the police personnel. It has left institutions with little aptitude for fighting crime in a manner that respects human rights principles. People at large consider police and other security apparatus as the age-long tormentor during the Rana regime, Panchayat system, autocratic monarchy and also adversary of the peoples' recent Jan Aandolan II. In the name of maintaining security, the police, and military abused human rights with impunity during these periods. The people now expect relief from all of these. Unfortunately, the present government has not been capable of handling these issues effectively. The government has to put forward a timely strategy and policy to reconstruct the present security system. The blurred visions, lack of confidence and trust, near non-existent weak strategic and policy framework and weak national capacity to manage changes are the main challenges today.
The main undertakings to improvement of the delivery of security services in Nepal turn on an understanding of the complexity of the problems and obstacles, time bound political agreement on political issues, practical policy and strategy related to security and justice, support mechanisms, gaining public support, confidence and empowerment of non-state actors and enforcement of policy into practice. The following could be the systematic plan of actions to improve the law and order situation in Nepal:
Political party consensus and commitment: This is the initial thing all the political parties should stand fast to the pacts already signed. The criminal elements in the coat of political party cadres and activists are active in criminal activities. Even the remnants of vigilante force formed by the old regime should be immediately disbanded. Once these elements are isolated and protection of the parties lifted, the criminal activities will be neutralized. There are instances where Maoist cadres have been "deployed with a view to support police in controlling robbery, drug abuse and other unwanted activities." These kinds of attitudes and activities will certainly help maintain law and order.
Improvement of the intelligence and investigation system: Levels of crime often accompany transitions to democracy. Transition enhances opportunities for more sophisticated and organized criminal operations. Experience and intelligence are key factors to success for any police organization in such situations. The criminal detection capabilities of Nepal police are weak and concentrated in limited areas. They are not strategically focused, they are not integrated, and they are not intelligence led. Intelligence gathering structures were focused on enemies of the regime rather than criminal networks. Intelligence costs money; and the lack of it more. Hence, this necessitates for investment to develop an effective criminal intelligence and investigation system. The sources for information and investigation will have to be extended to the mass of people taking into consideration their privacy, safety and security. Perhaps, this is the first step to consolidate the law and order situation until new establishment takes over. We have to enlighten police with the ways and means of battling with the post-conflict residual violence and crimes. The development of the existing crime investigation department into a nucleus for investigation of serious and organized crimes could be considered as immediate objectives.
Education and training: The police and other security persons still carry "war psychology." They still consider the populace as their adversary. Very little attitudinal changes have taken place. The ruler-ruled or the authoritarian types of administration and management have already had a bitter kick-back. Reforms in recruitment, selection, placement and promotion; improvement in training--particularly of junior police personnel; improvement in accountability of the police to the general public; and transformation of the police from a "force" into a "service" that emphasizes community policing are the basic foundations for an ideal police system. Unless the police system is indoctrinated to a new approach of policing, it will fail to serve the people.
Strategy, law and policy formulation: Dramatic changes in societies, which move from authoritarian rule to democratic governance often, weaken the state and social control, generating increased levels of crime. However, it does not allow redundancy. The experiences of many conflict ridden countries have to be considered and utilized to prevent and control the organized and serious crimes during transition. The imagination to innovate, the professionalism to perform and the openness to collaborate are the fundamentals to the work style of any government. The government must take immediate action to formulate laws and policies to neutralize criminal plan, deactivate profit motives, and assign special task forces to prevent and control violence and serious crimes and increase risks to the criminals by improving the criminal justice system. Close coordination among state and other agencies and unison of efforts should be given impetus to achieve these desired goals.
Restructuring police: Nepal has the legacy of regimental policing. The reformation of the present police, which took place in 1951/52, was the result of the amalgamation of militias, Rakshya Dal, Janamukti Sena, and the revolutionists who took up arms against the hundred and four years of tyrannous Rana regime. Amongst them, Gyan Bahadur Yakthumba, Pahal Singh Lama, and Rom Bahadur Thapa were with the rank of Majors in the Janamukti Sena, who, later on, were promoted to the rank of Inspector General of Nepal police. Many others also occupied key positions in the police in the subsequent years. For that reason, the very foundation of the police was based upon the revolutionary and military mindset and culture. The duty of the police of that time was to support the political regime or particular governments, therefore the services to the people were of the least priority.
High degrees of integrity and insulation from politics are important in policing. Without these, the organization cannot be trusted to conduct investigations in an impartial and objective way. In Nepal, the police have always been sabotaged by politicians. They have distorted it for their own vested interests. The nepotism, favoritism, monopoly, and hegemony practiced by them have destroyed the professionalism of policepersons. Undue pressure and influence by political leaders upon police drove the police force away from its real sense of duty. The nexus of politicians and police only brought in the corruption and indulgence in criminal activities. Therefore, there is a need to insulate police from politics and abolish the culture of corruption from the police.
The police, once used as "tools of oppression" during the Jana Andolan II, suffer from lack of credibility and public trust. Today, the police are at a cross roads of confusion and low morale. They suffer from a run-over psychology. Some senior police officers are being suspended and some have been recommended for actions by the probe commission. On many occasions, the police are reluctant to take stern action against "wrong doers" for fear that they face allegations for "disrupting the peace process" or to "preserve patience.” They are merely seen as witnesses to several unlawful incidents. At this hour of despair, it badly requires new structures--responsive, accountable and representative of all diverse ethnic community, new policy, new energy, new direction, and new management. Also, there is an acute need for public support at this hour of despair.
Collaboration with various agencies: The state bears the responsibility to provide the basic security needs of a common man. The state can not accomplish this, until there is an integrated approach. In Nepal, the formal education of security management has been very limited to the government security agencies. This practice has, quite often, resulted in faulty policies and poor implementations. Therefore, there is a need for public education on security and strategic matters which will help the state in reviewing security policies and restructuring security system for obtaining optimum benefits in most cost effective ways.
Post-conflict justice systems are characterized by severe dysfunction, low levels of human and material resources, destroyed infrastructure, and lack of public trust. A history of corruption, discrimination and abuse of power within the institutions of justice has destroyed the public confidence and perpetuated lawlessness and chaos. The past and current failures of the legal system to protect individual rights, prosecute violators are the direct causes of, or substantial contributing factors to the appalling situation of impunity in the country. In order to develop a security system with democratic control, high level of accountability, and community participation, there is a need for a framework for a multi dimensional approach to security and justice for Nepali society.
Community mobilization: Community participation and cooperation are fundamental pillars for the policing. Community policing approach allows local people to participate in local government to manage their local security problems. The peoples’ participation provides input to good governance, and eliminates, in advance, any chances for potential conflicts. This partnership approach would indeed infuse the sense of belongingness, ownership, and satisfaction among the community members. The police thus obtain their full cooperation and participation in fighting crime of any gravity. Today, there are more than a hundred community police centers established jointly by community and police in Nepal. Dr. Bishnu Upreti suggests “modernizing police force and promoting special community policing strategy”. Security and justice delivery should not be considered in isolation. Therefore, the partnership approach is possible with wider state reforms--including efforts to tackle corruption, as well as more sustained economic growth.

Seminar on constituent assembly

Magar Studies Center organized one day seminar on “Constitution Assembly and Restructuring of State” on 22nd July 2006 in Kathmandu. Two theme papers were presented on this occasion. Mr. Kashiraj Dahal’s paper dealt with the experiences of more than hundred countries in constitution making. Mr Malla K. Sundar elaborated on the views of indigenous and ethnic people of Nepal. Chairman of Magar Sangh also stressed upon some of the demands of Magars. Eminent personalities- professors, scholars, politicians, social activists and people from other walks of life attended it. Dr. Govind Prasad Thapa, Chairperson of the Center, chaired and moderated the session.

National Anthem

After the historic victory of people over king’s rule, many things are in the offing. One such is National Anthem, Rashtriya Gaan. There is a proposed national anthem written by Riddhipani Gautam in Kantipur, 17 May 2006, page 7. If this song becomes our national anthem, I am sure many of us would not own it and would not sing it. The reasons for this is firstly, the words are very difficult to read and sing, and secondly, there are names, which lead one to think and accept that the country of this national anthem is a predominantly Hindu state. It totally neglects and forgets that there are other holy places than that of Hindu only and that Nepal is a multi-ethnic, multi-religious, multi-cultural and multi-lingual country. Some of the examples of such elaborations are:

Pashupati rakchhit Nepal…Muktinath le mukti dine…sajiva Kumari, Naradevi, Dakchhinkali alaukik shaktipeeth….Swargadwari le swarga sulavpath pradarshak…

If you go through the whole text of the proposed anthem, you will agree with me that this cannot be our rashtriya gaan at all. Therefore, why not we write national anthem, which would arouse the national patriotism equally amongst all Nepali, and which would be acceptable and owned by all Nepali. I am sure there are many who can do this. Moreover, why not write our opinions on this issue in the letter to the editor of Kantipur. Those who are interested may kindly write to kanti@kantipur.com.np

Constituent Assembly and Constitution

The meeting of Magar Sangh Central Committee has decided to form a Working Committee to prepare a concept paper on CA and Constitutional changes. I am the convener. Other members of the Committee are Trilok Singh Thapa, Sangini Rana, and Bhoj Bikram Budha. We had first round meeting today. Almost all Magar Studies Center members and many other Magar intellectuals were present. We have decided to prepare the paper on the following headings:
-Listing the key Magar issues/Major concerns of Magars to be addressed
-Interim Constitution
-Constituent Assembly
-Constitution re-writing
You are kindly requested to send in any type of information or your opinion on these subjects. We hope to present this paper within few weeks time in one of the seminar and then hand over to Magar Sangh.

My felicitations on the occasion of successful revolution for democratic Nepal

Dear all Nepali bandhus,
My warm and hearty felicitations and congratulations to all Nepali people. The people have again proved that they are powerful and they can usher-in changes peacefully, no matter of what magnitude, without resorting to any arms and violent means. Though, it is time to be delirious with joy, yet there are many important tasks ahead to be carried out with utmost diligence and precision. Amongst imminent of them, we have to solve insurgency problem and re-establish peace and harmony, and we have to transform national diversities into opportunities and strengths by arousing and establishing feelings of ownership and patriotism, and commitment, among every single citizen, towards the nation and the national integrity. Let not the joys and excitement of people die and turn into bitter regret and anguish again with the passage of time. Let us hope that the peoples’dreams turn into a reality and that now Nepal moves forward--and forward only--to its ultimate destination of peaceful, prosperous, and greater Nepal.
Dr. Govind Prasad Thapa12 Baisakh 2063/25 April 2006

Police acts of barbarism

The ongoing merciless firing and baton-charging upon the demonstrators is condemnable and shameful acts. Never in its 50 years of service in the country had the police force resorted to such barbarian tactics. The police force has always been committed to “truth, service and security” of the people. But, such repressive action would erode its long preserved credibility in the public eye.
Also, given the way the police officers are behaving all hope of developing our police force into a modern, systematic, neutral and fair organization seems to have been smashed. I consider the current situation a total failure, both strategically and tactically.
Dr. Govind P. Thapa
The Himalayan Times( 13 April 2006, page 6)

Calling for Peace

Peace echo from strange quarters in Nepal--Dr I Arul Aram

‘Shangrila’ – the heaven of peace – is stained with blood, the blood of its heavenly beings. Yes, the traditionally peaceful Himalayan Kingdom of Nepal is facing with a civil war for a decade now. About 13,000 people have been killed so far. Voices of peace start echoing from strange quarters as well. One such is that of Dr Govinda Prasad Thapa, who recently retired as Additional Inspector General of Police in Nepal. Talking at the School of Oriental and African Studies(SOAS) in London in March 2006 under the auspices of the London Chhalphal, the ex-police officer said the Maoists struggle had ruined Nepal. “The issue should not be rejected but addressed. We should take conflict in a positive way. Conflict of any magnitude can bemanaged, if it is not rejected. Socio-economic injustice and exclusion of communities are the fundamental problems of Nepal. We have to address them before the situation gets out of hand.”The ex-police officer, who is influential enough to have a private audience with the King, now wears a cloak of a human rights activist. But he does not wish to be branded as such, lest he is considered partisanin the Nepali sense! He says the conflict has not only marred development but also made the state ineffective in ensuring safety, security and justice to its citizens.The conflict has resulted in the migration of thousands of people, besides inflicting heavy casualties. And, men are kidnapped, women are raped, people trafficked for flesh trade or human organs, children are recruited as child soldiers, gun culture is widely prevalent, corruption is rampant, socio-cultural fabric destroyed, economy is shattered, and democracy is vandalised. Dr Thapa says that the rejection of conflict results in trying to wipe out the parties to the conflict and going for an all-out offensive to gain control over the situation. Alternatively, the much better approach is to accept the dynamics of conflict and move toward a peaceful resolution. The use of arms and ammunition cannot result in a permanent solution. At best, it can do a patchwork. People with arms feel more powerful and they exercise their power by killing innocent people as well. The British legacy of having the police and the military for protecting the rulers, and not the people, continues. “This mindset has to change.”Peace expertise needed. The situation is complicated, says Dr Thapa. Not that the government has not tried out non-violent means of conflict resolution. But peace talks failed because of the lack of expertise. “We do not know the ways to negotiate or we were not serious about the talks. In fact, no notes have been taken during the last two peace talks. We do not know how to carry on a dialogue or to take notes. The United Nations or some friendly government should come forward to help us in gaining expertise in peace negotiations.”Nepal’s main political parties and civil society have urged the government to take part in a mutual ceasefire to decrease the conflict’s toll on civilians and start peace talks. The government rejected the Maoist’s ceasefire, saying the Maoists were using it to prepare for an intensified fight. On 2 January 2006, the Maoists ended its one-sided ceasefire and clashes have returned to pre-ceasefire levels. The government should declare a ceasefire. It did not responded positively to the four-month ceasefire of Maoists. Somehow the government took a different view of the situation. But no definite policy has been set forth. No written agenda or common grounds to channelise the conflict towards peace have been worked out. For instance, about constituent assembly, no one knows what its size and shape should be. No paper workhas been done. No documents are there to base the discussion. There is no vision, laments Dr Thapa.
Civil society should be strengthened as it plays amajor role in development at the grassroots. If the local communities develop, people would gain the capacity to manage their problems. Empowerment of local communities and development are an anti-dote to civil unrest. Coordination even within the government framework is lacking. The army and the police do not coordinate.Home and Defence Ministries function separately. If any one Minister is entrusted with the job of coordination, this will not happen. Lack of coordination between two armed wings leads to erratic violence which needs to be avoided, says Dr Thapa. Asked whether the morale of the police is deteriorating, Dr Thapa says ‘yes’. “The police should have been given an important role in counter insurgency operations as they who have intelligence of remote areas. Whenever there was an attack on police stations, reinforcements should have been sent rather than withdrawing the already available force. Becauseof the wrong decision to withdraw the police from certain remote areas, the government no more has access to intelligence in certain pockets. Declaring a state of emergency on 1 February 2005, the King had promised to (1) usher in peace, (2) restore democracy, (3) control corruption and (4) accelerate development. But these did not take effect. The King cannot do all these as a single man. “Without consolidating all actors in the conflict, the King will not be able to fulfil his promises, says Dr. Thapa.
(The writer is a Visiting Research Scholar at theLondon School of Economics and volunteer with PeaceBrigades International. He may be reached at i.a.aram(at) lse.ac.uk)

Utter failure

1.2.2006. The maoists have again attacked Palpa district police and army headquarters. The security forces do not have intelligence. They have no brain to fight with the guerillas. Utter State failure.

Poor people dying

14 Jan 2006. Maoists attacked two police out posts in Kathmandu. 12 police persons died. Poor people are dying because of the worst form of governance and selfish politics of all political forces in Nepal.

Stand on your feet

One should not be carried away by the whiffs and moods of others. We should not be the toy for others' amusement.People respond to promises and threats. One has to attain capacities--the power-- to promise or threaten. There are, of course, two ways of getting those capacities or power--peaceful or bloodshed. We all know by now that violence does even the justice unjustly. It is during the hours of frustration that one commits more serious mistakes. Therefore there is a need for caution and wisdom to pursue strategically, tactically and technically with speed(we are too slow to act by ourselves and bank heavily on others to do something for us).