EDITORIAL: Share power
The federal Home Ministry has registered a new bill at the
Parliament Secretariat to govern the process of “operation, supervision and
coordination” of the Nepal Police and Provincial Police. However, it has been
opposed by the provincial governments, saying that the bill is all set to
centralise the power and authority of the Nepal Police. The bill proposes that
the police chiefs in all the provinces be deployed by the federal government
and function under the direct control and command of Chief District Officers
who will act as representatives of the central government. Promotion, transfer
and deployment of police officials above the Deputy Superintendent of Police
will be handled by the central government. Only police officials below the
Inspector will be hired, transferred or deployed by the provincial governments.
For the time being, the provincial police forces, according to the bill, will
be created out of the Nepal Police personnel, who will be adjusted in all the
provinces. Recruitment process (filling of vacancies, examination syllabus and
criteria related to examination) of the provincial police shall be as
determined by the federal Nepal Police Act.
If the bill
is passed as it is, the Provincial Police will not have the right to launch a
criminal investigation. It can, however, assist the federal police in criminal
investigations; maintain peace and security; keep records of all crimes and
protect the crime scene and assist the federal police in criminal
investigation; carry out rescue and relief operation in times of disasters and
emergency as well as engage in traffic management in the provinces. On the
whole, the Provincial Police will act as a community police force. The
Provincial Police force may procure arms and ammunition upon receiving approval
from the Nepal Police. However, the provincial leaders, including Province 3
Minister of Internal Affairs and Law Shalikram Jamakattel, have opposed the
bill. They have insisted that the Provincial Police should be under the direct
control of the police chief appointed by the provincial governments.
It may be
noted that Province 2 has already passed a bill to form the Provincial Police
force. It passed the bill on October 24 last year before the federal Parliament
could enact the umbrella bill on the Nepal Police. If the umbrella bill is
passed without any changes, it will create conflict between the Centre and the
provinces. While addressing the first ever Inter-Province Council meeting with
the Chief Ministers of all the provinces on December 10, Prime Minister KP Oli
had vowed to give more legal teeth to the provinces so that they could function
independently. Delegating more power to the provinces on matters relating to
maintaining peace and security was one of the major agenda of the council
meeting. Federalism is an evolutionary process which needs continuous
nurturing. The federal government, which has resources and institutional
expertise, must assist the provinces to make them fully functional. The way the
umbrella bill has been designed to govern the Nepal Police will not strengthen
the provinces when it comes to maintaining law and order there. Federalism is a
shared rule. It is, therefore, necessary that the Centre share its power with
the provinces.
Reconstruction
delay
It is
apparent that the National Reconstruction Authority (NRA), headed by the Prime
Minister, will not rebuild all of the monuments and houses damaged in the
Gorkha Earthquake within the given five years. Three years have already
elapsed, and reconstruction of some major landmarks like the Dharahara and
Ranipokhari will extend beyond the available two years. And of the 811,000
beneficiaries, only about 347,000 have built their houses. This means, the
rebuilding of shelters and monuments has been painfully slow. Legal hurdles and
frequent change of the NRA’s Chief Executive Officer are partly responsible for
its failure to gain the desired momentum.
While speed
in the reconstruction process is greatly desirable, in the end, let it be a job
well done. Reconstruction is not only about building houses and monuments, it’s
also about helping people get on with their lives. Many unforeseen problems
have surfaced during the reconstruction phase ranging from lack of livelihood
programmes in the integrated settlements to drinking water shortages at other
places. The NRA’s performance will also be judged by how it solves these
problems to ease people’s lives.
A version of
this article appears in print on January 16, 2019 of The Himalayan Times.
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