Children of street

07 Dec 2008
It was 19 Nov 2008. We, some members of the Centre for Security and Justice Studies (CSJS), went to the office of Street Talent Concern Nepal (STCN)—an NGO founded by street children themselves which is working for the rehabilitation of the street children—to talk to some street children gathered up there. There are several children’s homes but the problems of street children remain unaddressed. Our objective of the visit was to find out prospects to reintegrate the street children back to their families and societies.

The first thing that we all noticed was the strong smell of the dendrite (malham as they nick named it), a chemical substance used for furniture. Some of these children were inhaling the stuff. They told that these stuffs gave them some kind of “kick” and intoxication. These dendrites were easily available in the local market for seventy rupees (1US $). Manoj Khadka related that his grand father had brought him to Kathmandu. Now he enjoys his life in the street. He does some begging for money. He is aware of some children’s homes in the city which provide food to new comers and only biscuits to “old” children. Saroj Praiyar of Panauti said that he remembers coming with his mother who has eloped with three persons.

These children spend their nights under the open sky without anything to protect them from cold. The pavements of the streets and temples are their usual hangouts. They often spend days without food. They are engaged in rag picking, stealing, begging, pick-pocketing, and robbing “murga” –a drunk and helpless victim. These children fall prey to the early habits of smoking, drinking, drugs, and sexual abuse. The smaller ones are tortured by the hoodlums or “dada”. They take away the money from these small children. Often these small children fall from the river bridge and die in an attempt to escape from these “goondas.” As these children grow older they avoid begging and rags picking. They adopt new tactics to live. They indulge in bigger crimes.

The previous studies have shown that the tendency for children to turn into street is associated with landless families involved in low paid non-agricultural activities. Many of them are cases of single parent or stepparent families whose illiterate guardians do not care for them. Although many of these children would prefer to stay on the street and not rejoin the society as they enjoy the freedom, albeit precarious, of their lifestyle and regard social life as constrained; there are others who really want to resume their studies and go back to their homes. We think, there are opportunities to reintegrate these street children with their families and society.

Dr. Govind P. Thapa
President, CSJS

The Constituent Assembly Election 2008

14 Apr 2008
The long awaited Constituent Assembly election was held on 10 April 2008. The relatively peaceful manner and high turnout (more than 65%) in which this election was held was quite a surprise for me and many others amidst clouds of expectations for violence. Then, the first figures of poll results were even more surprising and unexpected. The major political parties—Nepali Congress and United Marxist Leninist (UML)—received heavy blows. Their heavyweights were flattened one-after-another. So far, the Communist Party of Nepal (Maoist) has bagged more than fifty percent of announced seats—102 out of 185. There are still results of 138 seats yet to be announced. Now there is a big speculation over the reasons/factors for such a landslide victory. Some of them are:
Vote rigging—but the national/international observers gave a clean report
Fear psychology—the voters did not find any other alternatives to protect themselves in the event of attack and violence by Maoists after the election—it is assumed that they were threatened earlier for dire consequences
Election manifesto/program—more appealing to the voters
Longing for peace—the voters were afraid that if the Maoists were defeated in the election they would go back to the jungle
Longing for change—voters were just looking for overall changes and they felt that only Maoists could bring the change, therefore, they discarded the "veterans"
It is still too early to say definitely about the reasons/factors. Whatever they may be, one truth is very clear—WE WERE VERY FAR AWAY FROM THE GROUND REALITY. Therefore, the results are unexpected and surprising.

Taming domestic problems first

The problems of justice and security begin from our doorsteps; so do the solutions. If we look into the causes of every problem we find ‘human being’ sitting down at the root. The solutions of problems are perceived by people from different perspectives and proximities. Today societies suffer from inequity, inequality, injustice, and insecurity. These are also basic factors for conflict in the societies. Global/world security is more political in nature. The first thing we can start right now is: address these local problems. These are domestic, more important and urgent than regional problems. Let these be tackled first then we can think of regional politics, not at this moment.

Security system reform in Nepal

Security has two meanings. First, it is used in everyday language to “describe a freedom from threat,” and second, it is employed in Security Studies to “capture the survival of the state” (Waever, 1995: 67). He acknowledges that dynamics at the individual and international level can and do play a significant role in influencing national security. He further states that “societal insecurity is the result of an increasing incapacity of states to protect the interests of their citizens resulting from the progressive dispersion of political power” (Waever, 1995:67). Klare and Daniel advocate a ‘‘world security” concept that accounts for the global nature of contemporary problems. To them, world security is “distinguished by the belief that security involves more than protection against military attack..ecological, economic and demographic trends pose serious challenges to [developed] countries. And even the less-developed “South” where the threat of armed attack remains constant, nonmilitary trends pose equal or greater threats to people’s security.” In fact, the intra-state conflicts have increased the vulnerabilities and have done more damages than the inter-state conflicts. 

Human security and landmines

Human Security and Landmines: Building National Capability

Govind P. Thapa, PhD[1]


Background

‘Human security means protecting vital freedoms. It means protecting people from critical and pervasive threats and situations, building on their strengths and aspirations. It also means creating systems that give people the building blocks of survival, dignity and livelihood. To do this, it offers two general strategies: protection and empowerment. Protection shields people from dangers. Empowerment enables people to develop their potential and become full participants in decision-making’ (Report of the UN Commission on Human Security, 2003). Security means ‘The quality or state of being secured’, ‘freedom from fear or anxiety’, ‘freedom from danger’ (Kanji, 2003). Kevin (1990) defines security as: ‘..a basic social process (a changing but integral component of all relationships), without which social life would be both meaningless and relatively dangerous’… ‘..cultural values, processes of sociation, integration and co-operation are likely to be more important determinants of real security than strong state systems which rest their power on the military or other forms of coercive capability’.
The advocates of the ‘broad’ concept of human security argue that the threat agenda should include hunger, disease and natural disasters because these kill far more people than war, genocide and terrorism combined. Human security policy, they argue, should seek to protect people from these threats as well as from violence—violence of war— arms, landmines and IEDs. In its broadest definitions the human security agenda also incorporates social, political, economic insecurity and ‘threats to human dignity’. Amongst many threats to the life of human being; landmines, booby-traps, and IEDS are also prominent ones. As one Khmer Rouge general put it, a landmine is a perfect soldier: "Ever courageous, never sleeps, never misses." Landmines have been used on a massive scale since their development. It has been estimated that 400 million landmines have been sown since the beginning of the Second World War, including at least 65 million in the last 15 years (Stephen).
Currently 80 to 110 million are deployed in 64 countries around the world. The majority of countries most heavily contaminated with landmines are in the developing world (Jody). Landmines kill and wound over 20,000 people each year. The most heavily mine-affected countries in the world, according to a UN study, are: Afghanistan, Angola, Bosnia-Herzegovina, Cambodia, Croatia, Eritrea, Iraq, Mozambique, Namibia, Somalia, Nicaragua and Sudan. These 12 countries together account for almost 50 percent of the landmines currently deployed in the world and also suffer the highest number of landmines casualties (UN).Virtually all combatants use land-mines. Since 1975, land-mines have exploded under more than 1 million people and are currently thought to be killing 800 people a month. There seems little prospect of any end to the bloodshed.
Landmines, the ‘silent killers’, are of two basic types—antitank and anti-vehicle and antipersonnel. Antitank mines are larger and more powerful than antipersonnel mines. However, antipersonnel mines are the most common type of mine, yet the most difficult to find because they are small and often made of plastic. Antitank mines generally contain more metal than do antipersonnel mines and are thus more easily detectable by simple metal detectors. Both types are buried as close to the surface as possible and are found in a variety of soils and terrain--rocky or sandy soil, open fields, forested areas, steep terrain, jungle. For both types of mines, detonation is typically caused by pressure, although some are activated by a trip-wire or other mechanisms. Thus, a land-mine detector must do its job without having direct contact with a mine. It also must be able to locate all types of mines individually in a variety of environments.

Use of landmines, booby-traps and IEDs in Nepal

The ‘Peoples’ War’ was fought not politically—neutralizing the political ideology and agenda of opponents. It was not the ‘war’ of wits but the ‘war’ of violent means of using arms, landmines, booby traps and IEDs. The indiscriminate use of these landmines and IEDs resulted in the casualties of innocent people—especially women and children. The war was not fought strategically, tactically and methodically but entirely in wild and indiscriminate way without giving due regards for the lives of innocent people. The human rights principles and rules of war were utterly disregarded. In the decade-long ‘Peoples’ War’ of Nepal, landmines and booby traps were used erratically. Dangerous items of arms and ammunitions, landmines and IEDs were transported by means of public transports—buses, trucks, helicopters—even airplanes and trains were not spared. Innocent people were forcefully engaged to carry these materials at the risk of their own lives. These mines were stored in public and private property—like schools, government offices and other public utility facilities.
In an interview to ISN Security Watch, Brigadier General Lok Bahadur Thapa Magar, director of Engineers at the Nepal Army's Mine Action Coordinating Committee said: "The army planted 12,500 mines in the five years that it was called in. They were planted in 52 locations in 37 districts to protect security bases in remote areas. We used them for deterrence only, to compensate for our lack of troops and ammunition, and give soldiers confidence” (RAONLINE). The Nepal branch of the International Campaign to Ban Landmines says the organization has recorded around 1382 deaths caused by landmines since the rebels took up arms in 1996. Out of 4747 victims of landmines and explosions 3365 have survived (NCBL). These are the numbers of ‘direct victims’; there must be thousands and thousands of ‘indirect victims’ of landmines and explosives. We do not have the statistics of these victims yet and we have not bothered to collect.
During the decade-long ‘Peoples’ War’, mines and IEDs were laid down and abandoned indiscriminately over the jungles, pasture fields, farms, water spots, roads, bridges, culverts, and foot-tracks. In many situations unexploded ordnance (UXOs) are as lethal a legacy as landmines. These explosives were abandoned, unaccounted and unattended inviting hazards to the lives of common people. The degree of accountability from both sides—state and non-state party—was at zero level. Non-combatants were also targeted and victimized. Complete violations of national and international laws by state and non-state party were ‘regular’ practices. The recklessness in laying, marking and demining have cost lives of many army and police personnel inside their own 'protected' area—for example in April 2006, soldiers digging inside the perimeter of an army barracks in Tamghas, the capital of Gulmi district, detonated a mine, killing seven soldiers and injuring 10 others. The impacts of the landmines are numerous: social, economical, political, physical—loss of human life, dignity and rights, and erosion of rule of law.

Demining the Minefields

Landmines have been used so extensively because they are readily available, cheap and easy to use. While landmines are not hard to deploy, their removal is, however, painstakingly slow, dangerous and expensive. The biggest problem and challenge that Nepal faces today is in the sector of ‘demining of minefields’. Mine-detection technology has not kept pace with rapid developments in mines, which have made them more deadly and more difficult to trace(Jody). Various detection technologies are currently used, each with limits or flaws. Dogs and other "sniffers" have high ongoing expenses, are subject to fatigue, and can be fooled by masked scents. Metal detectors are sensitive to metal mines and firing pins but cannot reliably find plastic mines. Infrared detectors effectively detect recently placed mines, but they are expensive and limited to certain temperature conditions. Thermal neutron activation detectors are accurate but are large for field use, slow, and expensive. The manual demining process is a very slow, expensive and dangerous practice.
Landmine clearance is made even more difficult by an almost complete disregard for the stipulated mapping and recording of minefields. While the CCW requires the mapping of "preplanned" minefields, the term "preplanned" is not defined. Even if it were - given the few instances of minefields mapping and recording in the majority of conflicts of the past several decades - the provision would probably not be followed (Jody). Although Nepal Army claims to have records and mappings of the landmines, I have doubts on their claims. Nepal is not yet a party to any of the international conventions and treaties on landmines, therefore, violations of these provisions are considered as ‘no crime’, which is ridiculous. It is already late that Nepal makes laws and policy in compliant to the international treaties and conventions.

Strategy and Actions

On 26 May 2006, the government of Nepal and the Communist Party of Nepal (Maoist) agreed to a bilateral cease-fire and a Code of Conduct that includes non-use of landmines. In our context, even after this agreement, no genuine, sincere and honest attempts have been exhibited by the state to take care of the mines and IEDs; in other words no sensitive responses shown towards human rights and security. Nepal does not have a formal program for dealing with mines and ERW. The RNA’s 14th Brigade, based in Kathmandu, has an explosive ordnance disposal (EOD) unit using equipment and training provided by the UK. The Armed Police Force also has one EOD team in Kathmandu. Media reported operations by security forces to clear mines and other explosives in 21 districts during 2005.Official results of such operations were not available. The RNA’s EOD capacity comprises a holding unit in the capital and six bomb disposal teams, usually of six people each, deployed at each of the six regional divisional headquarters(ICBL).
The army’s EOD squad has the capacity to deal with the full range of explosive devices used by insurgents, but can be severely stretched by post-engagement clearance requirements. It does not have sufficient resources to undertake either survey or clearance operations addressing the needs of rural communities. The RNA’s strategic priorities were to keep Nepal’s roads and telecommunications infrastructure functioning, leaving little or no spare capacity to address wider social needs for clearance while the conflict continued(ICBL). The Nepal army lacks capability to cope effectively and urgently with the landmines and UXOs. So, Nepal needs to build capability to cope with these urgent issues.
Strengthening accountability is a fundamental objective for achieving effective service delivery. Accountability in security and justice sector reform is often conceived as primarily focusing on human rights, holding providers accountable for abuses and strengthening rights protection. Any mine action programme in Nepal will need to build upon the existing outreach and other programmes of the working group partners and other organizations. The partners in the Mine Risk Education Working Group (MREWG) agreed during formulating their draft strategy that it would not be useful or effective to create programming independently, in parallel or in isolation from current initiatives. Partners believe that mine action programming needs should be integrated with existing activities. Both the causes and the effects of the landmine crisis need to be addressed. The efforts need to include halting mine laying, production and stockpiling, clearing mined areas and helping landmine survivors. In this respect the ICBL recommends the following actions to be taken:
Remove mines from the ground;
Ensure that minefields are fenced off and marked and that communities receive education about mine risks;
Destroy mines in stockpiles;
Meet the needs of mine victims -- from emergency medical care and rehabilitation to programmes for socio-economic reintegration and recognised rights for people with disabilities;
Ensure that all countries joins the Mine Ban Treaty and undertake to never again produce, use or sell antipersonnel mines;
Make sure that once a State joins, it fully implements the Mine Ban Treaty e.g. by submitting transparency reports, meeting deadlines for stockpile destruction and mine clearance, and assisting the victims of landmines;
Ensure that countries outside of the Mine Ban Treaty abide by the spirit of the agreement and refrain from use, production and stockpiling of the weapon;
Persuade non state actors to ban landmines and abide by the spirit of the treaty; and
Condemn any use or production by a state or non-state actor.

In fragile states, there is often an urgent need to establish a basic sense of order. Only after order 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 fragile states. Cessation of ‘war’ is no ‘peace’. Sometime it is easier to win the war than maintain order and peace. We need to castigate the culprits-who so ever and for whatever reasons they used landmines and IEDs-to control the recurrence of such activities in future. If we do not punish the offenders today, they will repeat the same thing over repeatedly. We must campaign for ‘Zero Tolerance’ against the impunity.
The culture of societies influences the social behavior. Nepali societies are based on the moral and cultural values. Quite often, the victims of violence and crimes do not get proper treatment and support from their near and dear ones. It surprisingly saddened many participants (in one of the seminars) to hear one of the victims of land mines speak of her experiences of victimhood. She had lost one of her legs in the mine blast. She has incurred physical loss, at the same time her family was not supportive. The family members look her as an extra economic liability. There ought to be thousands of other victims who are facing similar types of problems. The victims of violence—especially sexual violence—are isolated, discriminated, insulted, and ‘socially excluded’. The family members take these victims as ‘extra burden’ a matter of shame and disgrace. If we really want to do some justice to these victims, we should offer them love, support, motivation, and opportunity rather than re-victimize them through stigma and ‘social exclusion’.



References:

ICBL Reports; http://www.icbl.org/lm/2006/nepal.html#fn2
Jody Williams, ICRC URL: http://www.icrc.org/web/eng/siteeng0.nsf/html/57JMM9
Mine Ban Treaty, 1997
NCBL. http://www.landminesnepal.org/
Stephen Goose, "The Economics of Landmines", article for UNIDIR Newsletter, published in early 1995, citing US Army Foreign Science and Technology Center, US Defense Intelligence Agency, et al, Landmine Warfare - Mines and Engineer Munitions in Southern Africa, May 1993
RAONLINE.http://www.raonline.ch/pages/story/np/mao15b0703.html
UN Report. http://www.un.org/av/photo/subjects/mines.htm
Kevin Clements, Towards a Sociology of Security, 1990, Conflict Research Consortium, Working paper 90-4, July 1990, University of Colorado, Boulder
Wæver, Ole. 1995. Securitization and Desecuritization. In On Security, edited by Ronnie D. Lipschutz. New York: Columbia University Press.
Kanji, Omartio, Security, http://www.beyondcontractibility.org/essay/security/accessed on 18 Nov. 2007

[1] Dr. Thapa is a retired Additional Inspector General of Police. Currently he chairs the Centre for Security and Justice Studies, Nepal. He is a Research Fellow of SIRF/SNV Nepal. He is also Faculty and coordinator of Post Graduate Diploma in Security Management(PGDSM) course program in Kathmandu University, School of Management. He can be reached at dibrung@wlink.com.np

Community policing in Nepal

Community Policing: Lessons from Nepal

Dr. Govind Prasad Thapa[1]

Background

Crime is a complex issue. With the advancement of science and technology, urbanization, and the growth of population, it has become more untamable. To combat these, law making is not the only solution; rather it is the beginning of our efforts. The real success lies in the proper enforcement of these laws. Police are the instruments of State to enforce laws. They are the prime agencies tasked with ensuring security and maintaining law and order in the country. The police are tasked to carry out few major functions. The fundamental tasks of police are protection of life and property; prevention and detection of crime; maintenance of public law and order; and provision of assistance to the public. "The State is responsible for ensuring a minimum level of order and the police are one of several State entities tasked with giving effect to this obligation…an important precondition for adequately evaluating police practice is a full understanding of the background against which police operate-including all aspects of the broader security and criminal justice systems."[2] Today the State is expected to protect the economic, cultural, legal, social, and political rights of the citizen also.
Policing is a dynamic process. The objectives of policing are similar throughout the world; however the policing styles are different. There are several policng philosophies and approaches in use in the world. Some of them are--crisis policing, authoritarian policing, community policing, problem oriented policing, and information/intelligence led policing.[3] Nevertheless, none of these approaches are foolproof and so there is no room to be complacent in any of these current systems.
Authoritarian policing usually aligns itself with authoritarian systems. Police are inclined to act unilaterally and do whatever they consider best. The focus tends to be on controlling the population, rather than seeking a partnership. "Authoritarian policing always goes together with centralised systems where rank-and-file officers have little discretion on how to spend their days and local managers have little say in how to spend their resources…under these policing systems, human rights tend to be considered as an additional burden that place limits on the police…authoritarian policing, being so unresponsive to the public, is seriously hampered by a lack of contact between police and public and thus by access to information."[4]
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 insurgents who took up arms against the hundred and four years of tyrannous Rana regime. Many freedom fighters, amongst them, Gyan Bahadur Yakthumba, Pahal Singh Lama, and Rom Bahadur Thapa joined police. Gyan Bahadur Yakthumba joined police with the rank of Major, who, later on, was 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 the particular governments. The services to the people were of the least priority. The police basically misinterpreted their mission and "ruled" the people.
Contrary to this, the community policing is based upon the concept of partnership, for the purpose of increasing democratic, proactive, modern, and participative nature of the police. Thus, the model of community policing develops a feeling of shared ownership among people and helps to promote mutual trust and cooperation between police and people. As a result, this approach is more sustainable in comparison to other traditional way of policing.

Community Policing

Police need people's support for policing crimes. The core elements of community policing are the cosultation with people, get unanimous consent on developing strategies and plans, gather cooperation to implementation, and ensure proper coordination among the partners. It is a strategy of strenghening the capacity of the police and community to jointly combat crimes. It is a new style of policing. This philosophy of modern policing calls for client oriented, community based, and proactive policing. In a nustshell, the community policing is designed to make crime control a collaborative effort or multi-disciplinary approach. The basic characteristics of community policing are--it is more democratic, proactive, modern, and participative in nature. It is based upon the concept of partnership between community and police. This approach of policing builds and promotes mutual trust and cooperation between police and people.
The community-police partnership develops ownership among people and thus tries to solve the problem by involving people at local level. Effective community policing has a positive impact on reducing neighborhood crime, helping to reduce fear of crime and enhancing the quality of life in the community. It accomplishes these things by combining the efforts and resources of the police, local government and community members. It is a style of policing where every one is a part of the system and shares the benefit of working together. It increases the understanding among the community members and police. Community policing approaches differs from country to country, society to society, and from community to community. Community policing is commonly understood as being a strategy which encourages law enforcement agencies to work in partnership with society. In other words, the local communities are involved in the policing of local problems relating to crime and security.
Sir Robert Peel, the founder of the Metropolitan Police in London, who saw the role of the new police in 1829 has best explained the importance of community policing:
"to maintain at all times a relationship with the public that gives reality to the historic tradition that the police are the public and that the public are the police. The police being only members of the public that are paid to give full time attention to duties which are incumbent on every citizen in the interests of community welfare and existence."[5]

What Makes Community Policing Different?
Law enforcement has long recognized the need for cooperation with the community it serves. Officers speak to neighbourhoods groups, participate in business and civic events, consult with social agencies and take part in education programs for school children. Foot, bike and horse patrols bring police closer to the community.
More Effective Ways to Solve Ongoing Problems
Law enforcement leaders seeking innovative ways to enhance performance and maximize resources have struck a responsive chord across the nation with a variety of community policing initiatives. Government and community leaders are increasingly cognizant that they must accept a share of the responsibility for problems caused by lapses in many areas of society. Police have long borne a disproportionate share of this burden.
Renewed Emphasis on Crime Prevention
Law enforcement is looking to enhance its tough stance on crime with renewed focus on strategies that help prevent crime, reduce fear of crime and improve the quality of life in neighborhoods. This requires an intimate knowledge of the community. Policing concepts currently in vogue have tended to isolate officers from the communities they serve which can hamper crime-control efforts. Community policing allows law enforcement to get back to the principles upon which it was founded, to integrate itself once again into the fabric of the community so that the people come to the police for counsel and help before a serious problem arises, not after the fact.
Community Policing in Nepal

The Chhimeki Prahari system of policing was first established in early 1982. This system was an adoption of Singapore’s Neighbourhood Police Post (NPP). Numbers of police booths were established in the Kathmandu valley. The mandate for this Chhimeki Prahari was to patrol the areas and collect public grievances and demands—needs of all kinds. I remember myself going around the city corner—house-to-house—asking and taking records of local people’s needs and complaints as part of the public consultations. These demands and complaints were wide ranging in nature—from family matters to road, drinking water, telephone, street lights, sewerage, theft cases, gangsters, drugs, etc. These records were then reported back to the police headquarters. Understandably, only very few complaints were attempted. Rest of the complaints were forgotten and never addressed. So, both-people and police-lost interest in this police program. Nepal Police failed to effectively collaborate with people, governmental and non-governmental organisations. Therefore it did not sustain for long time.
Once again, after the peoples' democratic revolution, on 14 January 1994, a community police centre was established in Maharajgunj of Kathmandu as an NGO with the cooperation of local community. Similar types of police centres were also established in Chabahil and Baneswor of Kathmandu district as pilot projects. As of now, there are more than one hundred such community centres established in Nepal. These centres have different names: Community Service Forums; Community Service Society; Community Development Centre; Public Service Centre; Community Police Service Centre; Community Police Service Forums; Community Service Committee; Multipurpose Community Service Centres; Community Development Cooperative Forum etc. Almost all of these centres engage in a number of activities in addition to policing crime.
Through these centres, the police are able to participate in local development, women literacy, community health, child care, environmental preservation, health services, youth activities, and many other welfare programmes. This makes the Nepal's community police system quite different to that of Singapore’ Neighbourhood Police Post and Japan’s Coban system. This community policing approach has however, not been accepted as a credible style of policing by all. There are doubts amongst many police officers about the practicability of this approach. This is largely because they have failed to realize that it is possible to be a friend while simultaneously doing an effective police job.
The involvement of police in community partnership-based police projects is a powerful weapon in projecting a positive image. For this purpose, the police officers involved should be equipped with the appropriate skills and also take account of effective problem solving strategies. The Nepali community members have experienced that the police who work with communities are generally found to be more sensitive, reasonable, polite, cooperative, friendly, and helpful than those working in other police stations. They feel that those police officers who are responsible for community policing affairs would make a greater impression if they were based within that community. With the views to encourage these community police officers, the United Kingdom’s Department for International Development (DfID) Police Development Project has helped Nepal Police to develop an evaluation system and award ‘Community Police Person’ of the year since 2004.

Post conflict society and community policing

During the conflict, the Maoists were very suspicious of the involvement of the community members with the community centres. As community police centres proved to be very popular, Maoists increasingly perceived them to be threats to their interests. It was suspected that these centres were being used by the police to gather information from local sources. Consequently, the Maoists began to threaten all those associated with community centres policing and attack the centres. The Tikhedewal Community Development Centre in Lalitpur, for example, was bombed killing one Assistant Sub Inspector. They also attacked and killed one Sub Inspector in Baudha Community Police Centre in Kathmandu. In spite of this, the majority of all local community police centres continued to function. Since the agreement for the ceasefire and the conclusive talks between the Maoists and the government, these repressive attacks have stopped. Local communities are therefore again allowed to freely join community police programs throughout the country.
Nepal is a multi ethnic, multi religious, multicultural and multi lingual nation. Despite of this fact, the social and political justice systems are not equitable. Many victims, mostly those belonging to the socially marginalised groups, struggle to gain easy access to justice. The community policing strategy will not only empower local communities, but also address problems of social and political injustice justice. This will, in turn, promote greater inclusion of local people into the regular police force and foster feelings of ownership. This will help promote the community based policing system sustainable in the long run and ultimately strengthen democracy in the country. This programme will have greater positive impacts on the maintenance of law and order in the days to come in Nepal.

Community policing in Nepal: Needs for reforms

In Nepal, the establishment of community service centres and/or community policing project usually starts with the identification of a community’s security needs. This is done through consultation with members of the community. At this stage the community members list down all their needs, including those other than security. The police and community members then reach agreement on a business agenda and a modus operandi. This requires that the police be willing to participate in activities other than those required for the ‘business’ of law enforcement, so as to retain a strong group dynamic. Therefore, there are at least four stages in establishing a community police centre — consultation, consent, cooperation and coordination.
Successful community policing needs an organisational strategy that ensures everyone translates this philosophy into practice. It requires major changes to be incorporated into the policing system, particularly in regard to allowing frontline officers to be provided with greater autonomy, access to resources (which should be mobilised at the point of service), and an ability to focus on local problems. It also requires that the local problems identified are insightful to all groups in society – especially those people that are particularly disadvantaged or vulnerable.

The needs for public service oriented police services are at least reflected in one of the Police Mirrors, an annual magazine of Nepal police. It reads:

It has been our professional belief that the police service may not be considered police service in a real sense in the absence of a proper response to the grievances and problems of the sovereign Nepali people, prompt necessary action and adequate counselling and direction. In the light of this truth it has been highly essential for us to establish ourselves as the public service oriented, capable and efficient police in all respects through our conduct and to follow the working style of democratic police in the existing democratic system in the country.[6]

The above message is worth highlighting. In the past, the actions of the police have been exploited more for the protection of the government than serve the interests of the people. To date, all that has been done in the sector of community policing is the result of combined efforts by both communities and the police. The State, as of yet, does not recognise CBP as an effective method of enforcing law and order. As a consequence, this method has not been incorporated into the national plan. This shows a lack of long term vision, and a failure to create a uniform national strategic operational plan, management policy, direction, and coordination mechanism for present and future community policing projects.
These failures are closely tied up to the attitudes and interests of high ranking police officers from central level offices towards CBP. A Study Committee of Nepal police (1997) in a review of community policing programmes documented that the CBP could not be very successful for a number of reasons: First, there is a lack of interest and confidence among high ranking police officers; Second, there are no policy guidelines and clear cut mandates; Third, there are no operation plans; Fourth, the police do not possess the required level of knowledge and skills to run CBP schemes; Fifth, these programs lack resources, both, human and material; Sixth, there is a lack of accountability on the part of police to the community. Seventh, there are no follow-up programs to review, evaluate and redesign the CBP schemes in the country.
In order to improve the effectiveness of the community policing programs in Nepal, there are number of steps that need to be taken. Some of them are:[7]

Demonstrating effective leadership
Leadership is required at all levels within different institutions, for example, at national, regional, zonal, district and municipality, both within police and government structures; and also within communities where CBP is to be implemented.
Understanding the local context
Ensuring that the implementation of a community police program fosters cooperation and harmony in the community by bringing people together from different groups to address local and common problems of security.
Enabling access to justice
CBP is an integral part of the broader criminal justice and security sectors, necessitating a corporate, coherent and mutually reinforcing approach to all the elements in this sector.
Improving quality of service
CBP sees policing as a professional service to the public that responds to community needs. Quality of service consists of a number of different issues, for example, capacity, resources, training, facilities, equipment etc.; but above all an attitude on the part of the service provider that "quality matters".
Ensuring ownership
It is crucial to sustain a CBP programme over a long time. The programme must therefore, be owned by all levels and ranks within the police and at all levels within a community. The best way to ensure public ownership will be to enrol local people from the target community into the regular police and deploy them in their localities. This will reduce the cost and increase the capacity of police intelligence.
Recognise it as a national agenda
It is essential that the national agenda recognise that CBP is going to help address the problems of exclusion and marginalisation felt by many groups in society; and consequently improve security and justice delivery.
Institutionalise the program
The community based policing program has to be supported by national laws and policy. Police Acts must be reformed in accordance with these ideals.
Ensuring police accountability
Police should be accountable to the community so as to ensure professionalism, respect for human rights and limit police abuse. This practice in turn, will increase trust between the police and a community.
Tackling corruption
Police corruption undermines public trust and confidence in the police, de-motivates champions for change and diverts valuable funds from where they are most needed. The CBP program will help control police corruption.
Enhancing co-ordination and coherence
Duplication or contradictory reform efforts cause confusion, waste resources and can destroy or limit the will to undertake a community based policing program. Therefore, co-ordination and coherence are important within new initiatives (e.g. a broader justice and security sector reform) and between institutions working in the same area at national or international levels.
Capacity building – Training/Resources
It is important that training be provided, to the police, on the philosophy and practical implementation of CBP. Communities should also be provided with appropriate training support so as to ensure the sustainability of the programmes' desired goals. Sufficient resources are required so that CBP programmes can be promoted as a priority.


Conclusion

Community Based Policing (CBP) is both a philosophy and strategy that allows the police and community to work closely together in new ways to solve problems of crime, fear of crime, physical and social disorder and other neighbourhood problems. CBP aims to empower communities to solve their own security problems. This scheme breaks the tradition of top-down approaches to management and promotes a bottom-up approach. CBP relies more on the devotion, motivation, commitment, skill, knowledge, professionalism of the police officer at the field level rather than the rank and file of the department. Despite the numerous benefits of CBP schemes, it is not being fully utilised in Nepal. The reasons behind this include the continued prominence of more traditional attitudes towards policing. With the passage of time, it is crucial that we review the existing methods of policing and redesign a more people friendly policing system in Nepal.

Bibliography:

Colette Rausch (Editor), 2006: Combating Serious Crimes in Post conflict Societies, USIP, Washington, USA
Damian Lilly and Michael von Tangen Page, 2002: Security Sector Reform: The Challenges and Opportunities of the Privatisation of Security, International Alert, London, UK
---------------------, Police Mirror, Vol. X, 1997: Nepal Police, Kathmandu, Nepal
Anneke Osse, 2006: Understanding Policing-A Resource for Human Rights Activists, Amnesty International, Nederland
P. R. Kumaraswamy, 2004: Security beyond Survival, Sage Publications, New Delhi, India
Robert J. Fischer & Gion Green, 2004: Introduction to Security, Elsevier Publications, USA
-------------------, 2003: "Philosophy and Principles of Community-Based Policing", South Eastern Europe Clearinghouse for the Control of Small Arms and Light Weapons (SEESAC)Dr. Govind Prasad Thapa, 2007: "Community Policing: A Modern Philosophy of Policing Crimes", Prerana, National Police Academy, Kathmandu, Nepal
William Bratton, 1998: Turn Around, Random House New York
Dr. Stefen James Males, 1998: Practical Professional Policing, NPA, Kathmandu, Nepal
Dr. Stefen James Males, Amar Singh Shah, Chuda Bahadur Shrestha, 1998: Community Policing in Nepal, DFID Nepal, Kathmandu, Nepal
Prof. Dr. Tulsi /Ram Vaidhya, Prof. Dr. Triratna Manandhar, Dr Bhadraratna Bajracharya, 1995: Nepal Prahariko Itihas( History of Nepal Police), Police Headquarters, Kathmandu, Nepal
Retreat 2002: Andhra Pradesh Police Academy, Hyderabad, India
Geoff Berry, Jim Izat, Bob Mawby, Lynne Walley, 1995: Practical Police Management, Police Review Publishing Co. Ltd., London, UK
--------------------,Hand-book on Justice for Victims, UNODCCP, 1999
Mukesh Jain, "New Service Delivery Model of Policing" The Indian Police Journal, Vol XLVIII No. 4, Oct-Dec 2001
White Paper on Police, National Police Agency, Government of Japan, 1995
Criminal Justice in Japan, Asia and Far East Institute for the Prevention of crime and the Treatment of Offenders (UNAFEI), 2000
-----------------,"Policing with the Community in Northern Ireland", Police Service of Northern Ireland, 2000
Hesta Groenewald and Gordon Peake, 2004: "Police Reform through Community-Based Policing", International Peace Academy, New York
Wesley G. Skogan, 2005: "Community Policing" (Working Paper 30), to appear in: Prospects and Problems in an Era of Police Innovation: Contrasting Perspectives, edited by David Weisburd and Anthony A. Braga, Cambridge University Press, 2005
Dr. Govind Prasad Thapa, “The Counteractive Management against Human Trafficking in Nepal: The Law and its Enforcement”, 2002, PhD Thesis, (Unpublished)
Dr. Govind Prasad Thapa, “Rape Survivors: Psychosocial Problems and Investigation in Southern Asia”, chapter in Medical, Legal and Social Science Aspects of Child Sexual Exploitation, GW Publishing, USA, 2005
Research Report on Silent Suffering: Child Sexual Abuse in the Kathmandu Valley, Children's Perspectives, CWIN & Save the Children-Norway, 2003, Kathmandu, Nepalp, p.86
Deuba, Arzu Rana, Pinky S. Rana, 2001, A study on the Psycho-Social impacts of Violence Against Women and Girls with special focus on Rape, Incest and Polygamy, SAATHI, Kathmandu, Nepal
The Sexual Harassment upon the School Going Girls Children of Kathmandu Valley, Child Workers in Nepal Concerned Centre (CWIN) and Save the Children-Norway, Nepal (SCNN), 2003,
The Trial Court System in Nepal with Special Reference to Women's Accessibility to the Criminal Justice System of Nepal, CeLLRd, 2002
Narayan Belbase and Sucheta Pyakurel, Study of Gender and Judges, 1999
Baseline Survey on Criminal Justice System of Nepal, CeLLRd, 2002
What Do Victims Want?: Effective Strategies to Achieve Justice for Victims of Crime, IACP, 2000
--------------- Nepal's Penal System: An Agenda for Change, Centre for Victims of Torture, 2001
…………………, Analysis and Reform of the Criminal Justice Systems in Nepal, Center for Legal Research and Resource Development, Kathmandu, 1999, p. 118
Hawai County Community Policing: http://www.hawaiipolice.com/topPages/cpo.html#homeInvasion
Policing: http://www.policing.com/
Los Angeles Community Policing: http://www.lacp.org/
Community Policing-City of Pacific Grove: http://www.ci.pg.ca.us/police/compolicing.htm
Centre for the Study of Violence and Reconciliation: http://www.csvr.org.za/papers/papdux2.htm
Singapore Police Force: http://www.spf.gov.sg/
National Police Agency Japan: http://www.npa.go.jp/
Nepal Police: http://www.nepalpolice.gov.np


[1] Dr. Thapa is a retired Additional Inspector General of Nepal police. Currently he is the Chairperson of Centre for Security and Justice Studies, Nepal. He can be reached at dibrung@wlink.com.np
[2] Anneke Osse, Understanding Policing, Amnesty International Nederland, 2006, p. 55
[3] Ibid, pp.79-108
[4] Ibid

[5] As quoted in Philosophies and Principles of Community-based Policing, SEESAC, p. 2, 2003
[6] Police Mirror, Vol X, pp. 21-24, 1997, Nepal Police Headquarters, Kathmandu
[7] Adapted from Philosophies and Principles of Community-based Policing, SEESAC, 2003

Policing violence against children

Policing Violence against Children: Our Experiences[1]

Dr. Govind P. Thapa[2]


Introduction

Children are considered as precious gift of nature to humanity. They are the future of the world and real successor of next generation. In the absence of children, we cannot imagine the future of the world. Not only human beings but also all creatures go through the stage of childhood and it is considered as a best period of life. However, not all children enjoy their childhood. These children have to struggle for their survival-—for some--even before their birth. The early detection of the sex of the girl children has jeopardized their life because many parents abort them finding that they are girls not boys. Even those who are born, face the risk of being snuffed at the early stage of their life. Many unlucky children, later in their early childhood, are more likely to be abandoned, beaten, terrorized and sexually abused, and even killed.

Violence against children is certainly not new phenomenon in our society. Millions of children throughout the world fall victims of violence. They suffer from the agony of various forms of violence. Despite of national and international publicity and scrutiny against the violence against children, many children suffer from abduction, sexual abuse, trafficking and exploitation. In addition to these forms of violence, the definition of 'violence' to children varies from country to country and culture to culture. Different countries have differing levels of 'legal' violence to children, characterizing such violence as forms of allowable punishment. Only a few countries prohibit all types of violent punishment of children.

Forms of violence

Child abuse is incorporated in provincial, community or in society where evil traditions are practiced. In Nepal, the condition of children is in a deprived state. Most of the children are at different level of risk and some of their future is completely at abyss. Children in Nepal are underdeveloped in every division due to poverty, illiteracy, traditional creed, and social environment. They are deprived of education and implied to work as labor. The abuses of children for the commercial exploitation are a very old phenomenon, which is as old as the profession of prostitution. Some of them are discarded from the family and some others are forced to involve in prostitution. The deserted ones are forced to live in street as a street child and there are lots of example of involvement in crime and exploitation of those children by the hand of hardcore criminals.

Violence against children manifests itself in a number of forms. Children are recruited, encouraged, entrapped and forced into sexual slavery, prostitution, pornography, and sex tourism. They are 'sold' under the cover of inter-country adoptions, for organ transplants, exploited for their labor, and instrumentally used in criminal activities, such as selling drugs, robbery, burglary and petty theft. However, the exact scope of the problem is not known as it has been only in the last few decades that the prevalence of deliberate physical and mental violence to children by parents and others has begun to be widely acknowledged and documented.

The forms of violence against children are numerous. Some of them can be listed as under:

Family violence;
Beating in schools;
Child labor;
Abduction;
Abandonment;
Murder;
Rape and sexual abuse;
Child marriages;
Exploiting children for begging and other forms of hazardous labor;
Trafficking children for camel jockeying and other sexual exploitation;
Abusing them in political demonstrations/riots;
Children used in conflicts as child soldiers;
· Children sold for organ transplants;
· Children given-away for international adoption;
· Children used in criminal activities etc.]

In this paper I will be discussing on the responses of police to the grievous of all the violence—sexual violence—against children.

Current situation of sexual violence

Amongst all forms of the violence against children, the sexual abuse is the moist horrible and inhuman. Child abuse is the illegal sex acts performed against a minor by an elder person for their sexual satisfaction, who is in possession of trust or power. Children are very vulnerable and are not mature enough to protect themselves from sexual exploitation. They are physically and mentally immature and they are easily targeted. Child sexual abuse is one of the chief factors which give them psychological trauma. Child abuse and their sexual exploitation are the serious nature crime targeted towards children.

The world, already into the third millennium, is on the threshold of a new era. To its credits, there have already been some stunning advances that have touched the lives of the people. Yet, in spite of great human progress, the absolute number of children affected by sexual crime is staggering. It is a widespread phenomenon in both the developed and developing countries. Every country has fallen prey to sexual abuse of children. No country in the world is free of this indignity and immorality. Children’s from all over the world are victims of sexual exploitation. In the context of Nepal, sexual crime against children is an up-going trend in the crime-charts of Nepal.[3] All over Nepal, many children are at risk of sexual exploitation because of a flourishing local sex trade. The reports of STOP/Maiti and ILO reveal that around five to twelve thousand women and children are trafficked annually from Nepal and 72% of them are children below 18 years of age.[4] Children working at various places such as domestic households, carpet-factories, hotels, construction-sites, pubs, and street children are also becoming victims of sexual abuse and exploitation. Almost 60% of survivors of child sex abuse and rape are girls below 18 years.[5]

Today, tourism promotion is considered a part of economic development. However, in some countries, tourism appears to be directly connected with the presence of extensive sex industries. Though exact figures are not available, the growth of tourism has been found as a contributing factor to the growth of sexual exploitation of children. It is an intolerable form of exploitation for the purpose of sex—sex-tourism—has found its way into the tourism market. Some of the investigations have disclosed that tourism is using pre-pubertal children for sexual purposes for generating income in a most organized, deceptive, lucrative, and expeditious manner. The paedophiles from the foreign countries are taking advantage of lax of effective law enforcement system of Nepal. This was evident from the past cases of paedophiles escaping punishment and instead of that enjoying impunity. It was then discovered that large international networks of paedophiles were visiting and often living permanently in Nepal. For cover-up, most of them have opened 'orphanages' and 'street shelter' for poor and neglected children. They are active under these 'canopy' of protection.

Negative impacts of sexual violence

The permanent psychological trauma inflicted by sexual abuse and their exploitation is the most widespread negative impacts.[6] The sexual exploitation of children endangers their mental and physical health and impairs all aspects of their development. The result of the abuse and exploitation is damaging. Sexually abusive acts involving children is a licentious and antisocial acts that occur due to socio-legal flaws. These acts not only damage the children emotionally but also affect the whole society and family.

The following impact occurs due to child abuse and sexual exploitation:

· It has been observed that family of the victim is usually ostracized by the whole society; Family is outcast from the community;
· Child abuse and their exploitation can deteriorate the dignity of whole society;
· Child abuse and their exploitation can disrupt the social fabrics. Confrontation, conflict and hostility can take place in community;
· The physical and psychological/mental damage is conceived;
· The child develops hatred towards sex;
· Hatred towards male.

In fact, the sexual abuse shatters the mental fibre of the child.

Child victim and criminal justice system: some flaws and remedies

The national and international community has responded to the increased awareness and public scrutiny with the development of standards and norms prohibiting violence to children and establishing a framework of principles and standards to respond to victimized children and children as perpetrators. International norms prohibiting some forms of violence against children, such as trafficking for the purposes of prostitution, date back to the beginning of this century. Yet, it has been only in the past decade that this issue has become a priority within various United Nations entities. The adoption of the Convention on the Rights of the Child in 1989 provides a clear statement prohibiting all forms of violence against children, reaffirming previous human rights instruments. Within the United Nations Commission on Crime Prevention and Criminal Justice, attention is paid to the development of concrete criminal justice standards and strategies that address children’s roles within the criminal justice system, as both victims and perpetrators.

Victimized children have various experiences with the national criminal justice systems. For many, the criminal justice system does not exist at all. Some of the laws are often erroneous. In terms of combating violence against children, there often exist gaps and ambiguities in the laws criminalizing violence to children. Laws tend to be piecemeal, focusing on specific forms of violence rather than dealing comprehensively with all forms of violence to children. When the law is in place, there is often weak law enforcement. This can lead to victim apathy, distrust, and avoidance of the system. At this juncture the victims of sexual assaults need the following legal assistance:
1. assistance to report the crime to the police;
2. assistance to explain the crimes to the police and to ensure that the police consider their problems seriously;
3. assistance to take the crime from the police to the prosecutor;
4. assistance to help the prosecutor vigorously prosecute offenders;
5. assistance to help the court deal with the case efficiently;
6. assistance to ensure the judge treat cases of violence with care.[7]

Children as victims and witnesses in criminal matters are often seen as unreliable witnesses who frequently lead to their complaints or requests for help being disbelieved or ignored. Child victims of sexual abuse or exploitation often endure rough and probing police investigation followed by cross-examination by the accuser’s lawyer and judge in court. Most children are too intimidated by the insensitive, lengthy and public process to take the case to trial.[8] The legal framework in many societies remains defined by adult male perceptions and male standards, often resulting in a criminal justice system that is callous and insensitive to the needs of children in general and the girl child in particular.

Victimized children may be treated as perpetrators of crime in certain circumstances. The danger is enhanced when children have been instrumentally used in criminal activities. In most countries, authorities have pick up trafficked and sexually exploited children. These children end up in a justice system geared to adults. Authorities treat these children as criminals rather than victims. In certain situations, such as trafficking in children, corruption among police and other enforcement officials is cited as a major obstacle. Some child victims of trafficking report that they are transported by or with police in uniform, armed and often in police cars across borders and to brothels.[9] Once in brothels, victims report extensive police usage of brothels free. Some police are blamed for 'keeping' the brothels under their protection. In some other situations, such as sex tourism, a concern exists over the high level of State involvement and complicity. Some suggest that this complicity may be due to the reluctance of some States to restrict the promotion of tourism in general.[10]

The plight of the street children of Nepal is very pathetic. Even the police maltreat and terrorize them. Quite often, the 'clean up city-street' campaigns have been conducted to round up alleged street children and send them to closed camps, without due process measures. Trafficked children trafficked across borders have also been treated like criminals in the countries of destination as illegal immigrants or as prostitutes. Most of these are subjected to arrest, detention and deportation. The authorities take and place them in 'education camps' or transported to 'rehabilitation centers' without due legal process and humane consideration. Even Nepal does not have a law to protect immigrant victims of trafficking. Back in their own country also, they are prosecuted as criminals or are refused re-entry. Some of the draconian policies and practices in many countries deter children from reporting violence to authorities. The failure to distinguish these children as victims from perpetrators is a significant drawback to the implementation of UN standards and other minimum standards rules recommended by international community.

Policing violence against children
With the growing concern of the international community to the violence against children, a framework of international human rights instruments and UN mechanisms have been developed to respond to this problem. Somewhat piecemeal, these norms cover a wide range of the manifestations of violence against children. Setting standards is a first step, and while it is an important and necessary one, it is not enough—rather the beginning. Despite significant strides in international law, many sexual violence crimes go unpunished because of flawed investigations and prosecutions.[11] There must be effective implementation at the national, regional and international levels.
The traditional assumption that parents and adults have authority over children due to their dependent nature increases the child’s vulnerability. Despite the growing recognition of children’s rights as human rights, children continue to be seen as property on the part of adults who treat them as though they were inanimate objects, to sell, buy, exploit or to get rid of. The low status of children is reflected in the fact that only a handful of countries have adopted laws to give children the same protection those adults enjoy from physical assault. In many countries, including Nepal, violent punishment, including beatings, remain 'common' and 'sanctioned' by community.[12]

National criminal justice systems are involved in responding to violence against children. However, there are needs for reforms in this sector. The criminal justice systems is expected to become even more effective tools in denouncing, preventing and responding to incidents of violence against children. At the very least, measures must be taken to ensure that crime prevention and criminal justice practices are themselves not contributing to the re-victimization of children, whether the children are victims or perpetrators. It is imperative to ensure that national systems are made more effective for combating violence against children and avoiding re-victimization of the child.

There is a growing voice that the present criminal justice system has failed in delivering justice to the victims—victims of any kind. The meaning of 'justice' is different to the victims. The adversarial justice system has not been able to address the needs, interests, and rights of victims. Even if the offenders are punished, the victims remain unjustified. Very often, the victims find that their own family members and the society blame them and socially exclude them. Therefore, there are strong resentment and dissatisfaction with the current justice system and seek for restorative justice system.

Nepal Police have a significant role in preventing and investigating crimes against women and children. It is a matter of pride for the police that it has already shown great concerns in this regard.[13] It has operated and extended its activities to several district by establishing Women and Children Service Centers and launching various programs. Nepal police have pioneering credit for establishing these centers.[14] However, coping with this problem cannot be the sole responsibility of any single agency. Despite of having many plans, strategies, policies and laws, and institutions—that have failed to address the problems—there are needs for reviewing and restructuring the whole system and developing a more integrated and comprehensive plans and implementing mechanism. There are needs for defining the specific roles and responsibilities of various governmental and non-governmental organizations, media, and community at large.

Conclusion

Amongst many forms of abuses, the gravest of them is the sexual abuse. Very large numbers of children are abused for commercial sexual purposed every year, often ending up with their health destroyed. Child sexual abuse—the unspeakable crime so hidden under layers of guilt, shame and societal pressure—goes undetected and unpunished, while its victims live with the torment all their lives. Prostituted children are raped; beaten; sodomized; emotionally abused; tortured; and even killed by pimps, brothel owners, and customers. The law enforcing authority treats these child prostitutes as criminals rather than the victims of sexual exploitation.

In some cases, police demand sexual services from the street children, threatening them with arrest if they do not comply. In detention and correctional homes, not only staffs but also other inmates sexually abuse children. The adult and caretakers exploit children in refugee camps and sometimes, children are forced to sell their bodies for food. Employers of children assault or rape them frequently. Staff members or other senior children may abuse children in orphanages. In conflict areas, abductions and kidnappings of children take place for the purpose of either to serve as child soldiers and as sexual servants for adult soldiers, and for handsome ransoms.

We have failed to work out the administration and management of this problem in effective way in Nepal. We need to form and divide the responsibilities among different agencies and organizations. We require separate bodies to take care of the prevention, the containment or crime control, and protection and reintegration aspects of the problem. In this respect, one of the best approaches is the prevention and control through community partnership.[15] The active participation of local community and non-governmental agencies will help reduce and solve this problem. This envisages for the role of the state government to be steering rather than delivering services.




[1] Revised version of the original paper presented in a Seminar on Policing Violence against Children, 23 Nov. 2007, Kathmandu, Nepal
[2] Dr Thapa is a retired Additional IGP of Nepal police. Currently he is associated to Kathmandu University for PG Diploma in Security Management course. He also chairs the Centre for Security and Justice Studies. The writer is indebted to the comments and suggestions on the original paper, which were helpful. He can be reached at dibrung@wlink.com.np
[3] http://www.nepalpolice.gov.np
[4] IIDS and UNIFEM, 2004, Status and Dimension of Trafficking within Nepalese Context, p. 15-18
[5] http://www.cwin.org.np/press_room/factsheet/fact_girls.htm
[6] Bass, Elen and Davis, Laura, 1993, The Courage to Heal, Cedar

[7] Judicial System Monitoring Programme, Access to justice for women victims, 2004, East Timor, Dilli, 2004, p. 21
[8] SEAFIELD, a CIDA Fund newsletter; article on the International Centre for Criminal Law Reform and Criminal Justice Policy’s project in Thailand.
[9] This is cited in the Report of the Special Rapporteur on violence against women, its causes and consequences, Ms. Radhika Coomaraswamy, UN doc. E/CN.4/1997/47, 12 Feb 1997 and also Human Rights Watch, The Human Rights Watch Global Report on Women’s Human Rights (1995), p. 196.
[10] Ibid
[11] Bos-Hrv-Srp, International Justice Failing Rape Victims, Special Report, Institute for War and Peace Reporting, 5.1.2007
[12] Adelman, M., Edna, E., Nadera, S., 'Policing Violence Against Minority Women in Multicultural Societies: “Community” and the Politics of Exclusion', Police & Society, 2003, Issue No. 7, pp. 103-131, 2003, Israel National Police, The Community And Civil Guard Department
[13] Nepal police have taken initiatives in number of activities in this direction, including publications. For example--Nepal police, Central Woman and Child Service Centre, 2061 BS, Mahila tatha balbalika birudhako apradh: Pidit sahayata tatha anusandhan pustika (Crime against women and children: Victim support and investigation handbook)
[14] National Human Rights Commission, Office of the National Rapporteur on Trafficking in Women and Children, and The Asia Foundation, An assessment of human rights protection mechanism at police woman and children cell in Nepal, 2004
[15] Thapa, Govind P., 'Community Policing: Lessons from Nepal', Policing in Nepal, Saferworld, 2007

Post-conflict Nepal

Improving Security Services in Post-conflict Nepal

Dr. Govind P. Thapa[1]

1. Background

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 situations of law and order in the country have many backdrop settings:

Firstly, the high aspirations of people along with the April revolution (Jan Aandolan II) have added more challenges to the security system. The government is confused, weak, and lacks farsighted strategy, policy, and planning. The seven/eight party alliances (SPA) government was much focused on the peace agenda and therefore lacked strategic plan and direction for justice and security. The main undertakings to improvement of the delivery of security services in Nepal still largely depends 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.

Secondly, the hang-over of the decade-long armed conflict is still visible in the society. The effects of the decade-long armed conflict in Nepal have caused the erosion of the law. It has also caused colossal damage to the national economic growth and shattered the societal fabric of civilization. This has resulted in a state of lawlessness, a gun running culture, fostering armed and organized immoral syndicates. 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.

Thirdly, the police force has been authoritarian and characterized by weak accountability and lack of civilian input into policing policy right from the very beginning of its development. The efforts to reform this institution in the past have had very insignificant impacts. The police and the criminal justice system of 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 other security forces had resorted to abusive methods to maintaining rule of the laws during all these time. The people now expect respite from all of these.

Unfortunately, the present government has not been capable of handling the above challenging issues effectively. The government has yet to put forward a timely strategy and policy to reform/construct 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 political, social and economical changes are the main challenges today. The following could be the systematic plan of actions to improve the law and order situation in Nepal:

2. 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.

3. 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. Therefore, the criminalization of politics and politicization of criminal acts by the various parties have been a problem in Nepal. Even the traffic accidents are turned into a political agenda, which creates the situation of chaos. Moreover, the miscellany of vigilante forces formed by the old regime also tries to create problems. 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.



4. Reforming 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.

4.1 De-politicking police

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.

4.2 Morale support

The police, once used as "tools of oppression" during the Jana Andolan II, suffer from lack of credibility, confidence, and public trust. Today, the police are at cross-roads of confusion and low morale. The police still suffer from a run-over psychology. Some senior police officers were suspended among which some were recommended for legal actions by the probe commission. On several occurrences, the police are reluctant to take stern action against "wrong doers" fearing that they face accusations for "disrupting the peace process"; “to preserve patience”; and due to “lack of clear-cut policy.” They are merely seen as witnesses to several unlawful and unpleasant incidents. At this hour of despair, the police badly require new structures--responsive, accountable, humanistic, and representative of all diverse ethnic community. There are needs for new strategy, new policy, new energy, new direction, and renewed management. Also, there is an acute need for public support at this hour of despair.

4.3 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.

4.4 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. Improving public security or police morale will not be achieved solely through the provision of training, arms, and equipment. Unless the police system is indoctrinated to a new approach of policing, it will fail to serve the people.


4.5 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.


4.6 Community mobilization

Community participation and cooperation are fundamental pillars for the policing. The modern concept of 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. The establishment of community policing in Nepal is a success that should be exploited. However, it is not widespread and needs to be institutionalised. Community policing could be the philosophy and approach that guides security sector reforms. Looking at the past experience, the promotion of community policing strategy could be effective in the country. However, the 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.

5. Conclusion

The maintenance of law and order and crime control is the responsibility of the police of any country. The solutions to crime problems tend to involve increased police presence—more police strengths. Many police forces in the world still suffer from “means to end” or “quantity to quality” syndrome. The demand and supply of manpower, hardware weapons, and gadgets only do not solve the crime problems. There is acute need for brains, public trust and confidence; education to humanize police behaviors; stabilization of police in the local community; and developing professionalism than adding arms and armaments. The “militarization” of the police is always a dangerous move. It does not help; rather adds problems. Moreover, we need to be attentive to the education of people to be self law-abiding rather than persecute them to obey law and rules. More “self-disciplined’ citizens will solve crime problems—certainly not more police.
[1] Dr. Thapa is a retired additional inspector general of Nepal police. Currently, he is associated with the Post-Graduate Diploma Program in Security Management in Kathmandu University, and he is also the Chairperson of the Centre for Security and Justice Studies, Nepal. Any comments regarding this paper are welcome. He can be reached at dibrung@wlink.com.np