The Nepali Security Sector

373 Pages·2010·2.2 MB·English

The Nepali Security Sector:

An Almanac

Bishnu Sapkota (ed.)
Geneva Centre for the Democratic Control of Armed Forces, Geneva, Switzerland
European Studies Center, Faculty of Humanities, University Pecs, Hungary

Published in the European Union in 2009 by Brambauer Publishers, Hungary.

The Nepali Security Sector: An Almanac

ISBN

First edition

The Transition Series is jointly published by the Geneva Centre for the Democratic
Control of Armed Forces and the Centre for European Studies.

This volume was made possible by generous support of the Ministry of Foreign
Affairs of Denmark, the Ministry of Foreign Affairs of Norway, the Ministry of Foreign
Affairs of Switzerland, and the UK Department for International Development (DFID)
as part of the SSR Step Stone Project in Nepal.
CONTENTS

Acknowledgements

Preface VII
Philipp H. Fluri and Komal Pokhrel

I. Introduction

a) Background and Summary 1
Bishnu Sapkota

b) Democratising the Security Sector in Nepal: 3
Lessons Learned and Challenges Ahead
Shiva Hari Dahal

II. The Legislature

1. The Legislature-Parliament 19
Dinanath Sharma

III. The Executive

2. The Role of the Head of State 39
Krishna Khanal

3. The Role of the Head of State Administration 55
Deepak Prakash Bhatta

4. The Role of the National Security Council: An Analysis 73
Surendra Pandey

5. The Role of the Government 85
Sayed Mohammed Habibullah
6. State, Government and Security 97
Sarita Giri

IV. The Security Providers

7. The Nepalese Army 121
Narahari Acharya

8. The People’s Liberation Army 139
Ameet Dhakal

9. The Nepal Police and the Armed Police Force 155
Govinda Thapa

10. Border Security and Management 177
Laxmanlal Karna

11. The National Intelligence Department (NID) 191
Kiran Nepal

12. Non-Statutory Forces 209
Ajaya Bhadra Khanal

13. Private Security Companies 225
Aayushma KC

V. Security Related Actors

14. The Nepalese Judicial System 241
Bhimarjun Acharya

15. Justice Systems in Security Organisations of Nepal 263
Hari Phuyal

16. Criminal Justice System in Nepal 277
Mandira Sharma

17. National Human Rights Commission 295
Sushil Pyakurel
VI. Third Parties

18. Involvement of the Civil Society in the Security Sector: 319
Transformation Debate in Nepal
Bishnu Raj Upreti

19. Media and the Security Sector: Shifting Relations 335
Sudheer Sharma

List of Contributors 359
Acknowledgments

The programme partners Geneva Centre for the Democratic Control of Armed
Forces (DCAF) and the National Peace Campaign (NPC) would like to thank the
platform of five like-minded states (Denmark, Finland, Norway, Switzerland and the
UK) for their generous financial support.

Equal thanks go to the main editors, Mr. Bishnu Sapkota, the reviewers, Mr. Shiva
Hari Dahal and Mr. Shrawan Sharma and to the contributors, who in spite of their
heavy professional burdens found time and interest to contribute to this important
volume.

Mr. Peter Vanhoutte, the erstwhile DCAF project leader, took great care in instructing
and accompanying the editor and the team of contributors through the early stages of
the project.

We sadly acknowledge the death of Professor Habibullah during the editing process
of this volume, a valued colleague whose kindness and immense knowledge of
security matters in Nepal and at the international level will remain unforgotten.

Philipp Fluri, DDr. habil. Komal Pokhrel
Deputy Director DCAF Director NPC Kathmandu
Preface

In May 2009, a platform of five like-minded states (Denmark, Finland, Norway,
Switzerland and the UK) requested that the Geneva Centre for the Democratic
Control of Armed Forces (DCAF), with the Nepal Peace Campaign (NPC) as its local
partner, embarked on a comprehensive parliamentary capacity building programme
which has the objective of assisting the Constituent Assembly and the Parliament of
the Federal Republic of Nepal in their efforts to create a democratic republican
constitution, to endow Nepal with the tools and instruments of an effective and
efficient democratic parliament, and to create a sound basis for inter-parliamentary
discourse with other democratic parliaments. Thus the programme supports both the
peace process, the early steps towards a comprehensive parliamentary role in
oversight issues, and stakeholder engagement with the security sector of Nepal.

At the beginning of a democratic transition process it may be best to inventorise what
already exists. Non-democratic societies as a rule are not much interested in
transparency. Thus the laws and policies regulating the security sector – if they exist
– may not be universally known and accessible, and the same or similar may hold
true for the rules of engagement for parliament and parliamentary committees with
the security sector. The DCAF-NPC project thus not only comprises a
comprehensive cooperation programme with parliament and the security sector, but
also allows for the compilation and publication of highly pertinent documentations
which will facilitate the work of policymakers and lawmakers in the near future.

These documentations are:

(1) a comprehensive collection of all security-sector relevant legislation in
Nepali and English
(2) commentaries to the existing legislation by Nepali and international experts
(3) the first edition of an Almanac – initiated and edited by civilian experts - on
the structure and orientation of the security sector in Nepal, again published
in the English and Nepali, thus to contribute to transparency in the security
sector, and greater civilian involvement in the analysis and documentation
of security sector institutions and processes.

The two project partner organisations are delighted to present herewith as a second
volume in the series the Almanac on security sector relevant institutions and
processes of the Federal Republic of Nepal. We are proud to have found in Mr.
Bishnu Sapkota a most diligent and capable editor who also most successfully
VIII
oversaw the work of the translators. Mr. Sapkota was fully aware of the challenges of
the work he was going to undertake and mastered them with great skill and diligence.

Kathmandu and Geneva, Dashain 2009

Philipp Fluri, DDr. habil. Komal Pokherel
Deputy Director DCAF Director NPC Kathmandu
I. Introduction