At the time when criminals have joined hands across countries, governments still operate along hierarchical lines and are further hindered by bureaucratic rivalry and competition, interagency antipathies, and reluctance to share information and coordinate operations. Understanding network structures and operations make it easier to identify vulnerabilities against which concerted attacks should be directed. Particularly important in this connection is the identification of critical nodes. These attacks could be of two natures: external (core attacks) and internal (using crossovers to feed misinformation into the network). To counter the criminal groups, there is need for carefully orchestrated, finely calibrated, and implemented operation in a comprehensive and systematic fashion. For this, clear delineation of objectives and enhanced intelligence assessments are the prerequisites. Besides this, international collaboration is a must. The International Criminal Police Organization (INTERPOL) is one such body to facilitate international policing efforts.
A concept of regional policing came into the discussion during the SAARC Conference on Police Cooperation Matters held in Kathmandu. The Nepal Police proposed for a much hybrid concept of South Asia Association for Regional Cooperation (SAARC) Police or SAARCPOL. The vision of establishing this SAARCPOL was to muster cooperation in matters of policing terrorism, serious and organized crimes in the region. This concept was proposed to commensurate the need for quick and effective actions against the criminal networks in South Asia. Similar regional policing systems have been started in Europe as European Police (EUROPOL) and South East Asia Police (ASEANOPOL). This concept was welcomed by almost all the member countries albeit some technical arrangements were suggested to be developed by the SAARC Secretariat. In the following year, this proposal was again raised by Nepali police delegate (headed by this writer) in Islamabad conference. Again, due to lack of clear operational framework this was again set aside for the next meeting. Although the Police Conferences so far have deliberated on a number of important matters relating to networking arrangements among Police Authorities in the Member States, revised Concept Paper on the establishment of SAARCPOL, prevention of organized crimes, combating corruption, drug abuse, drug trafficking and money laundering and training requirements of police officers and networking among police authorities, nothing concrete has emerged or the public is not informed of any progress made.
The growing complexity of the business of policing has warranted increased knowledge and information gathering and management, and police need a process to better derive decisions and improve efficiency. The successful investigations of multinational organized crimes depend upon the baseline groundwork of any organization responsible for preventing and controlling these types of crimes and the international collaboration. We are aware that the SAARC has signed some Conventions of importance, for example, trafficking of women and children for prostitution; mutual assistance in criminal matters; narcotics drugs; suppression of terrorism etc. However, the implementation is nowhere to be seen. The mechanism of SAARCPOL can be of great help to implement conventions. Since the prime minister is heading for SAARC Conference, this issue of regional security mechanism must be an agenda at the secretary level in the conference. Like Interpol, it can help the member countries in various aspects of policing:
Identify, establish and maintain contacts with experts in the field
Monitor and analyze information related to specific areas of activity and criminal organizations
Mdentify major criminal threats with potential global impact
Pursue strategic partnerships with various organizations and institutions
Aassist in finding solutions to problems encountered by law enforcement agencies (LEAs)
Monitor, evaluate and exploit information and reports received at the SAARCPOL, LEAs, open sources, international organizations and other institutions
Initiate, prepare and participate in programs to improve the international sharing of information Promote and carry out joint projects with other international organizations and institutions active in specific crime areas
Research, develop and publish documents for investigators
Provide support to member countries in ongoing international investigations on a case-by-case basis
Wednesday, April 28, 2010
SAARCPOL for South Asia Policing
Peace for conflict free societies
Almost all of us think that security, justice and peace are something which are to be taken care of by somebody else--not ourselves--by state, by some agencies or some organizations. We forget that these are integral part of our life and society--in whatever profession we are in. We have to face violence, intimidation, injustice, inequality, hatred, and so on almost daily in our life. In post-conflict societies, as ours, it becomes our duty to establish peace through security and justice. The educational institutions play important roles to respond to the need of the society. They need to reform their educational structures. The educators need to have more knowledge and skills and they need to take actions to work toward 'positive and real' peace. We need to broaden and deepen our thinking about peace and reconciliation for enduring peace in Nepal. We must do something from our side; not just wait somebody to do it for us.
12 Nov 2009
12 Nov 2009
Sunday, April 25, 2010
Violence against women and access to justice
Synopsis of the research work that I completed on the violence against women and access to justice few months before.
The violence against women is important to justice; women having problems with access to justice is more so. The culture of society is the way of life of its members. Nepali societies stand upon moral and cultural values. Any one member of a family falling victim to sexual assault is a source of stress for the whole family and community. The relationship between the victim and family members and communities turn stressful and often end up in disasters. The societies stigmatize, intimidate, coerce and exclude these victims instead of providing protection. Many victims fear to report the crime to shun such social behaviors. Even if some choose to do so for legal justice, they encounter multiple problems in the process. On the other hand, many such cases which are under investigation are either dropped or neutralized because of financial or political pressures. Therefore, quite often, rape and sexual assaults are considered victimless offences.
The access of women victims to justice is not properly safeguarded in Nepal. The formal processes of the criminal justice system have been the most vulnerable to critique from the perspective of victims. The majority of victims are of the opinion that they are largely “forgotten or abandoned” in the justice delivery process. Major obstacles continue to prevent most victims from seeking justice. The existing criminal justice system is criticized for failure to addressing a range of needs and rights of victim. This system has not been able to deliver even the minimum services to the victims; the system behaves in a negative way. The criminal justice system treats victims not as human but as “piece of evidence” only.
The rape trials are widely criticized for the insensitivity and repeated and persistent questioning of complaints about minor details and inconsistencies and the use of cross examination strategies designed to show that the victims did not react as ‘real’ victims would have reacted. The defendant lawyers always think the victims are playing one or the other ‘naatak’— drama. In such situations, the victims choose to silently suffer the trauma and pain for the whole life. They lose access to political, social, and economic opportunities. They are further pushed to the precipice of tragedy. One of the rape victims related her experience: “I feel lonely and isolated. I’ve always had so much to say, and I’ve never said it. What’s hindered me the most is being so skilled at being silent. Incest has had so much to do with being silenced and silencing myself.”
The violence against women is important to justice; women having problems with access to justice is more so. The culture of society is the way of life of its members. Nepali societies stand upon moral and cultural values. Any one member of a family falling victim to sexual assault is a source of stress for the whole family and community. The relationship between the victim and family members and communities turn stressful and often end up in disasters. The societies stigmatize, intimidate, coerce and exclude these victims instead of providing protection. Many victims fear to report the crime to shun such social behaviors. Even if some choose to do so for legal justice, they encounter multiple problems in the process. On the other hand, many such cases which are under investigation are either dropped or neutralized because of financial or political pressures. Therefore, quite often, rape and sexual assaults are considered victimless offences.
The access of women victims to justice is not properly safeguarded in Nepal. The formal processes of the criminal justice system have been the most vulnerable to critique from the perspective of victims. The majority of victims are of the opinion that they are largely “forgotten or abandoned” in the justice delivery process. Major obstacles continue to prevent most victims from seeking justice. The existing criminal justice system is criticized for failure to addressing a range of needs and rights of victim. This system has not been able to deliver even the minimum services to the victims; the system behaves in a negative way. The criminal justice system treats victims not as human but as “piece of evidence” only.
The rape trials are widely criticized for the insensitivity and repeated and persistent questioning of complaints about minor details and inconsistencies and the use of cross examination strategies designed to show that the victims did not react as ‘real’ victims would have reacted. The defendant lawyers always think the victims are playing one or the other ‘naatak’— drama. In such situations, the victims choose to silently suffer the trauma and pain for the whole life. They lose access to political, social, and economic opportunities. They are further pushed to the precipice of tragedy. One of the rape victims related her experience: “I feel lonely and isolated. I’ve always had so much to say, and I’ve never said it. What’s hindered me the most is being so skilled at being silent. Incest has had so much to do with being silenced and silencing myself.”
Friday, April 23, 2010
Controlling small arms
On 31 Jan 2010 I had a live interview with Antenna Foundation FM Radio on controlling small arms. I stressed on regulating issuance of arms to police and army personnel on the basis of psychological tests. I also stressed on the need to stop issuing new arms licences and drive campaign to confiscate all illegal small arms.
A talk with UNMIN
I had a meeting with Mr. Hughes Gordon--the Advisor to UNMIN on 15 Jan 2010. The meeting revolved around the integration of Maoist ex-combatants into the security forces. My views in this case were:
Only ex-combatatnts should be integrated, not combatants with arms;
Ex-combatants should not be integrated in bulk--not in the strength of platoon or company;
The Maoist should disown the ex-combatants once they are integrated;
The security forces should not make any discrimination to these ex-combatants;
Unions inside the security forces should not be allowed.
Only ex-combatatnts should be integrated, not combatants with arms;
Ex-combatants should not be integrated in bulk--not in the strength of platoon or company;
The Maoist should disown the ex-combatants once they are integrated;
The security forces should not make any discrimination to these ex-combatants;
Unions inside the security forces should not be allowed.
Police Reforms
On 24 Magh 2066 (7 Feb. 2010), Jamim Shah was murdered on broad daylight in Kathmandu street. Soon after his murder, India’s government-controlled news agency Press Trust of India wrote about Shah: “The Nepali media mogul is alleged to have links with the underworld, including Dawood Ibrahim and Chota Rajan, allegations he had consistently denied. It was also alleged that his TV channel had received investments from underworld sources.” The TOI says about Shah’s newspapers: “Shah also ran a newspaper, Space Time, that carried anti-India propaganda.” And about his Dawood, ISI links: “In 2004, he came under the ire of the Indian government who asked Nepal to freeze the assets of Space Time Network, alleging that it was funded by Dawood. Shah is also believed to have had ISI links. However, he had stoutly denied both allegations.”
Time will tell whether Jamim was involved with Ibrahim or not. There are already speculations that he had had some relationship.
Read more
Contract killing in Nepal
Investigation of organized crime
On 13 Jan 2010, I presented my views in a seminar organized by Nepal Security Sector Network (NSSN) in Kathmandu. In this presentation i briefly talked about the current police challenges:
Post-conflict situation;
Organized crime;
Impunity;
Losing community trust; and
Policing in federal set up.
The second part of the presentatio was on the actions required: Defining national interests and developing national security policy;
Developing new police structures;
Depoliticization of police;
Demilitarization of police;
Decentralization and Democratization of police.
The third part of the lecture was on the Special Security Program. My views were that this program was brought in haste without much planning and preparations. This program had actually no 'special' package at all.
The possible entry points for the police reforms could be:
Police structure in federal state;
Police strategic plan;
Police administration and management;
Police training.
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