Role of elected representatives on national security policy

Geja Sharma Waglegeja.sharma@gmail.com

We talked about

• Security • National security • Public security• Human security• Democratic control/democratization of

the army• Policy drafting process

• Security is a contested (controversial) and under developed or evolving concept

• National Security means security of the nation and its people

• Protecting national independence, territorial integrity and people’s sovereignty based on military strength is traditional state and military centric concept of national security

• If the state is secure, then those who live within it are secure.

• Public security – security of the people

Human security• is not the substitute of national security rather it is a

broader and comprehensive notion of national security which focus on security of the nation and its people by means of economic development, human development, human rights and democratic principles and values

• According to the definition of human security both the nation and the people are referent (central) point of security

• Seven dimensions of human security – economic, health, food, environmental, community, personal & political security

Democratic control/democratization of the army

• Abide by democratic principles and values, international humanitarian laws and international human rights laws

• Abide by the constitution and existing rules and regulations

• Follow the rule of law and uphold human rights • Ensure civilian control and role of oversight

committees • Respect and follow fundamental principles good

governance, transparency and accountability

Role of the Parliament and elected representatives

• The Parliament and elected representatives are sovereign and they exercise their sovereign power on behalf of the sovereign people which is enshrined by the constitution

• The Parliament and elected representatives revise, endorse, reject and amendment security policy and acts including others

• The Parliament and elected representatives oversight and scrutinize the activities of the government and security agencies

• The Parliament and elected representatives can summon the executive authority including chief of security agencies and carry out parliamentary inquiries and hearings

• The Parliament declare and lift the state of emergency but the Parliament must approve the mibilization of the army

• Transparency VS confidentiality/secrecy

The process of drafting, approving, implementing and oversight

• The government drafts (the President Office, the Prime Minister Office, the MoD, the MoHA, the NSC, the MoF, the MoFA, the NA, the APF, the NP etc.)

• The parliament is sovereign and it has all authority to look after all the activities of the government on behalf of the people so that it can ratify, reject and revise

• The president enacts• The security agencies implement the policies and acts • The MoD controls the military and the MoHA controls the police • The Parliament and the parliamentary oversight committees oversight, scrutinize

and supervise the activities of the government and security agencies and can give directions and suggestions them

• Security agencies are accountable to the government, the government is accountable to the parliament and the parliament is accountable to the people

• Civil society including the media also oversight the activities of security agencies

Latest development on national security policy

The government under the Premiership of Madhav Kumar Nepal had constituted a five-member Cabinet Committee under the then Defence Minister Bidhya Devi Bhandari on 24 December 2009 to draft three concept papers on - national security policy, democratization of the NA and strengthening and reforming the law enforcement agencies under the MoHA. The committee submitted its report to the then Prime Minister Nepal on 2 August 2010. Since the submission, the documents are under the consideration of the Cabinet. Of late, a three-member Minister-level committee has been formed by the Cabinet on March 27, 2012 under the leadership of Deputy Prime Minister and Home Minister Bijaya Kumar Gachchhadar, and Finance Minister Barsha Man Pun and Minister for Physical Planning and Works Hridayesh Tripathi are the members.

National security structure and apparatus

The security agencies of Nepal

• The Nepal Army• The Armed Police Force• The Nepal Police• The National Intelligence

department

Inter-relationship of security agencies

National Security

Security Agencies in Federal Structure

1. Nepal Army : Central government

2. Armed Police : Central government

3. National Investigation Department : Central governments

4. Nepal Police : Central/federal governments

National Security Policy

Government of Nepal

Home MinistryInternal and public security

policy/strategy

Ministry of DefenceNational defence strategy

Nepal ArmyMilitary strategy/working

policy/work-plan

Nepal PoliceLaw enforcement and

internal security strategy

Armed Police ForceArmed rebellion and

border security strategy

The mandate of the Nepal Army To defend national unity, territorial integrity and sovereignty To defend the nation and the people against foreign interference To control armed, terrorist and separatist activities Disaster management To play a leading role in peace-building process through the UN

peacekeeping operations To protect natural resources, environment and wildlife

preservation Mobilize according to the mandate of the national security

council and the parliament during the state of emergency To collect information, analyze them and provide necessary

recommendations to the government about international criminal, illegal and terrorist activities and their possible threats to national integrity and sovereignty

The mandate of the Nepal Police Ensure peace and security Follow the rule of law and work as a law enforcement agency Control organize crimes and investigate criminal cases and submit to the

attorney general office Protect, updold and promote human rights To investigate and control inter-continental illegal, criminal and terrorist

activities To control human trafficking and narcotic drugs To investigate and control the use of foreign and fake currency Traffic management disaster management

The mandate of the Armed Police Force

Border security To restrain armed, terrorist and separatist activities To protect vital installations like historical, religious

and cultural heritage and development infrastructure and VIP security

To control illegal and criminal activities along the border areas

To mobilize against heinous crimes Disaster management

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Rank of Nepal Army

The NA at glance • Total number = 95,757 (3,000 vacant)• Division = 6 • Brigade = 16• Battalion = 95 • Department = 8• Gen directorate = 5• Directorate = 9• Section = 11 security personnel • Section x 3 = platoon – 39 commanded by second lieutenant • Platoon x 3 = company – 235 commanded by Major • company x 3 = battalion– 850 commanded by Lt colonel • Battalion x 3 = Brigade commanded by Brig Gen• Brigade x 3 = division commanded by Maj Gen• UN peace keeping mission – 4500 troops

Contd • The President of Nepal is the Supreme Commander in Chief of the NA . The Chief of the Army Staff (CoAS),

a four star General, is responsible for looking after the entire affairs of the army. There are two Lieutenant Generals, the Chief of the General Staff and the Chief of Staff, who are directly responsible to the COAS.

• The CGS is mainly responsible for the Operations, Intelligence and Training branches. Under him the Director General of Military Operations is responsible for operations, planning, policy, staff-duties, budget requisition and allocation and public relations. Similarly, the Director General of Military Training (DGMT) and Director of Military Intelligence (DMI) are responsible for training and intelligence respectively.

• The CoS is responsible for some operations other than war like United Nations Peace Support Operations, nature conservation and assistance to wildlife preservation, National Cadet Corps and various welfare schemes of the army. Nepal has committed about 5000 army personnel for UN operations and another 5000 NA troops are involved in the nature conservation and wildlife protection duties at any given time.

• The Adjutant General (AG), the Quarter Master General (QMG), the Master General of Ordnance (MGO) and the Inspector General (IG), all two star generals, are the other principal staff officers (PSOs) of the COAS. The Research and Development Directorate, the Defense Ordnance Productions Directorate and the office of the Director General of Development and Construction are directly responsible to the COAS.

• The AG branch is mainly responsible for the personnel, which include their recruitment, records, pay and services, posting and promotions, various ceremonies, legal and medical services. In the last decade, a new Directorate of Human Rights has also been added to this office for ensuring the implementation of human rights and humanitarian laws into the operational doctrine and for processing any allegations of violation of such rights. The QMG branch looks after the accommodation, rations, clothing, weapons, ammunition and explosives, equipment and maintenance of the whole army.

The Nepal Police

• Inspector General of Police 1• Additional Inspector General of Police 8• Deputy Inspector General of Police 34• Senior Superintendent of Police 74• Superintendent of Police 129• Deputy Superintendent of Police 336• Police Inspector 1,137• Non-Gazetted Ranks• Sub Inspector of Police 3,195• Assistant Sub Inspector of Police 5,929• Police Head Constable 11,276• Police Constable 35,930• Recruit 650• Auxiliary Staff (Followers) 2,121• Sayas 66• Trainee (Inspector) 30• Trainee (Assistant Sub-Inspector) 130• Boys 125• Total Strength 61,171

Nepal Police

• Departments 4 • Regional office 5• Zonal office 14• District office 75• Training centre 5• Directorate 5

The APF

Department 5Brigade 6Battalion 23Training centre 5Directorate 3 Border security office 21 Border outpost 48Total number 31,265

DebateQuestions, clarifications and feedback!