DRAFT Briefing Paper
October 2014
The Highway Routes Small Arms Smuggling in Eastern Nepal
Introduction Since the signing of the Comprehen- sive Peace Accord (CPA) in 2006, which ended the decade-long civil conflict,1 Nepal has undergone a pro- longed social and political transition. Despite some notable improvements, such as the fall in the number of armed groups and increased police presence (Bogati, Carapic, and Mug- gah, 2013), the country continues to be afflicted by crime and insecurity, fuelled in part by the proliferation of small arms (Racovita, Shrestha, and Pokhrel, 2013; Racovita, Murray, and Sharma, 2013). It is estimated that there are around 440,000 civilian firearms in circulation, only 55,000 of which are legally registered (Karp, 2013, p. 1). The availability of firearms in Nepal is moderate by international standards (Bogati, Carapic, and Muggah, 2013), but the concentration of small arms2 in the hands of criminal groups poses a threat to law and order that has yet to be fully assessed and addressed. Arrested arms smugglers show their firearms. Reports of gun-related crimes abound, although the true magnitude of the the trafficking of small arms into the fieldwork conducted between Decem- phenomenon remains unknown. Kathmandu region has continued ber 2013 and April 2014, and covers Media sources have suggested that since 2006 (The Himalayan Times, five geographical areas around the 2014a), although little is known of cities including: Birgunj, Biratnagar, their production, circulation, and use. Chitwan, Kodari Highway, and Kath- This research presented in this draft This Issue Brief examines various mandu. It focuses on the illicit trade in paper will be published as a Nepal dimensions of the illicit trade in small small arms, drawing on extensive pri- Armed Violence Assessment Issue arms in eastern Nepal, an area that mary sources and 112 interviews3 Brief . For further information, contact covers 14 districts of the Eastern with members of the Nepal Police, Mihaela Racovita: Development Region and Central current and retired personnel at the [email protected] Development Region. It draws on Ministry of Home Affairs (MoHA),
http://www.smallarmssurvey.org 1 journalists specialized in crime and Birgunj was reportedly linked with (Shrestha, 2006, p. 60). Civilian-owned trafficking, members of the youth the marijuana plantations, most of firearms were used in cultural cere- wings of political parties, former Mao- which have disappeared from the monies (to mark celebrations, such as ist combatants, and members of crimi- area with the adoption of the Spe- marriages), for hunting, and as a sym- nal gangs that are involved in crime, cial Security Plan (SSP) in 2009. bol of prosperity and power (see Table such as coercion, extortion, and rack- 1). Although it is not known exactly Government and police efforts to eteering, generally referred to as Gon- curb the trafficking of small arms how many firearms were circulating das (local strongmen) and Dons (lead- and ammunition have included a in Nepal in the pre-insurgency period, ers of criminal gangs).4 range of legal and policy most were bharuwas (craft-produced The Issue Brief analyses the responses, with mixed results. long-barrel hunting rifles) and a very sources of illicit small arms, the meth- ‘Buy-and-bust’ sting operations small number of factory-made fire- ods of smuggling and routes used, have succeeded in arresting and arms (Karp 2013, p. 3). illicit trade and related activities, the disbanding a number of smug- Firearms were first used in politically consumers and other actors involved, gling rings, although some main- motivated violence in the anti-Rana as well as relevant government poli- tain that it is generally the carriers revolution in the 1950s (Shrestha, cies. Its major findings include: who are arrested rather than the 2006, p. 60). The largely peaceful Jana Most firearms circulating in east- main organizers. Andolan I (People’s Movement I) in ern Nepal are trafficked via the 1990 ended absolute monarchical rule open border with India rather than under the Panchayat regime.8 The the more heavily regulated frontier Historical origins and People’s Movement established a con- with China. They transit through stitutional monarchy based on power towns and cities in the border sources of small arms in sharing between the political parties areas to the main destinations of Nepal and the monarchy. The subsequent Kathmandu, Dharan, and Chit- Small arms were reportedly intro- splintering of the political parties and wan. duced into Nepal in the 17th century, frequent changes of government The trafficking of small arms in although the first modern arms and deepened political instability. Follow- Nepal is predominantly an ‘ant ammunition factory was established ing this, the Communist Party of trade’, carried out by individuals only during the later Rana rule5 Nepal-Maoist (CPN-M) launched an or loosely organized groups. (Shrestha, 2006, p. 59). Before the start insurgency on 13 February 1996 that sought to establish one-party rule and Criminal elements increasingly of the Maoist insurgency in 1996, only prefer to rent rather than own local political and economic elites, declared Nepal a ‘People’s Republic’.9 illicit firearms because if they are security forces, and retired British and This not only changed the political arrested it carries a lesser sentence. Indian Army personnel possessed landscape of Nepal, but also altered firearms (Shrestha, 2006, p. 60).6 Crim- social attitudes to the possession and The illicit traffic in small firearms inal elements, largely based in the use of firearms. The conflict broke the is dominated by craft (country- Terai region,7 owned a very limited monopoly on the ownership and use made) and counterfeit guns. number of firearms, as did some civil- of guns (Shrestha, 2006), and led to a The trafficking of small arms in ians for the purposes of self-protection rise in the number of firearms in circu-
Table 1 Overview of the origins and use of small arms
Origin of small Principal types of small arms11 Main users Provenance Use arms Traditional civilian Bharuwa (muzzle-loading factory-made hunting Local and Generally craft; some Hunting; cultural ceremonies (e.g. ownership rifles) national imported hunting rifles; weddings, national and local festivals); EkNaleBanduk (single-barrel guns) elites; retired military rifles symbols of prosperity and power; self- Due NaleBanduk (double-barrel guns) British and protection. Various pistols Indian Army personnel Arms left over Bharuwa, katuwa (craft-made, single-use short- PLA and other Traditional civilian Insurgency; in post-CPA period for from the conflict barrel handgun), 12-bore sixer, 9 mm, .303 rifles, Maoist cadres; ownership; local political coercion. Chinese and other imported pistols, M16s, light- armed criminal production; imported Grey zone of political motivations being machine guns, short machine guns, general- groups legally or illegally from used to conceal acts of extortion for purpose machine guns, and AK-pattern rifles China and India personal gain. Arms smuggled Katuwa, sixer (revolver), Mungeri12 9 mm pistols, Clandestine and China and India, and a Extortion, kidnapping, gang wars and into Nepal post- Chinese and other imported pistols criminal groups small number produced coercion, sometimes concealed as conflict in Nepal politically motivated acts.
2 Small Arms Survey Draft Briefing Paper October 2014 lation, making them more easily around 2025 small arms (Nepal decided to use community funds to accessible.10 The 2001 massacre, when National Weekly, 2012). The wherea- acquire illegal firearms as a means to the Crown Prince reportedly shot bouts of firearms acquired from other protect themselves.15 To combat the dead 13 members of the royal family sources (such as on the Indian black threat posed by the proliferation of before committing suicide, was market) remain largely unknown groups involved in armed crime, in described as a culmination of the ‘mis- (Pathak, 2005). Moreover, the splinter- 2009 the Government of Nepal use of small arms and light weapons ing of the CPN-M and the defection of adopted the SSP, which fostered coop- in Nepal’ (Shrestha, 2006, p. 60). Maoist cadres loosened control over eration between the Nepal Police and The signing of the CPA, the elec- former combatants and undeclared the Armed Police Force (APF), a para- tion of the Constitutional Assembly I13 inventory, which in turn heightened military counter-insurgency agency. (CA-I), and the integration of former security concerns. During the insur- This led to a successful sweep opera- combatants into the Nepalese Army, gency, government agencies formed tion, chasing some groups from west- brought to an end the decade-long pratikar samiti (retaliatory committees) ern and central Terai into Dhanusa violent conflict. During the insur- and armed vigilantes to counter the district. It also led to the arrest of gency, both the government and the Maoists. Again, the whereabouts of many individuals involved in armed CPN-M played a role in increasing the such firearms remains unknown. groups and to the disbandment of number of firearms in circulation. In In the early post-conflict years, the these groups.16 Following the adop- 2007, the Maoists’ military wing, the continued availability of small arms tion of the SSP and direct negotiations People’s Liberation Army (PLA), (see Table 2), persistent political griev- with the government, the number of turned in 3,475 weapons to the United ances, and widespread armed crime armed groups17 has reportedly Nations as a part of the peace process, led to the proliferation of armed dropped from over 110 in 2009 to a although it is assumed that this was groups, particularly in central Terai dozen in 2013 (Bogati, Muggah and not their entire inventory (Karp, 2013, and the eastern hills (Rupantaran, Carapic, 2013). The disbanding of an p. 7). The number of firearms surren- 2012). This in turn fostered the armed group often includes the cap- dered by the PLA is estimated to be demand for guns as communities ture or surrender of its arsenal, but far less than the number the Maoists began to take up arms in self-protec- activists argue this is not always the captured from the security forces dur- tion. In Birgunj, for instance, some case (Madhesh News, 2013). ing the conflict (Basnet, 2007):14 Mao- community-based organizations Traditional ownership, the insur- ists reportedly captured over 2397 (CBOs)—such as the Community For- gency, and the subsequent prolifera- firearms, from the police yet during est Management Committees and the tion of armed groups have led to the the peace process they only submitted School Management Committees— increased number of firearms in circu-
Table 2 Overview of small arms commonly available in Nepal after 1996
Name Description Production Pistol Katuwa A craft-made single-use short-barrel gun Craft
Sixer revolver Crude revolver with six rounds Craft
9 mm pistol AA semi-automatic pistol Counterfeit and factory-made
Other pistols: 315 bore pistol, .22 Pistols of various calibres, resembling factory-made pistols such as Counterfeit and factory-made calibre pistol, .38, .32 pistols Colt or Beretta
Rifles .303 rifle Lee-Enfield .303 calibre carbines (generic term for bolt-action rifles Craft; counterfeit and factory-made using .303 cartridges)
Bharuwa banduk Muzzle-loaded gun Craft
AK-pattern rifle Generic description of assault rifles with AK features Counterfeit and factory-made
Magnum and Hornet rifle; shotgun Rifles of various calibres Counterfeit and factory-made
Indian Small Arms System rifle Indian Small Arms System 5.56 mm automatic rifle, designed in the Factory-made 1980s for the Indian Army with AK-pattern design.
Self-loading rifles (SLR) Self-loading rifle, 5.56 mm, semi-automatic Factory-made
Sterling carbines 9 mm automatic submachine gun Factory-made or counterfeit
Non-descript Due Nale Banduk Double-barrel guns (pistol or shotgun) Craft
Ek Nale Banduk Single-barrel guns (pistol or shotgun) Craft
Sources: Author interviews, 2014; Karp and Rajagopalan, 2014; Military Factory, n.d.; The Hindu, 2013.
http://www.smallarmssurvey.org 3 lation (see Table 1). This Issue Brief Valley, Narayanghat, and Dharan, plantations. In response, people living does not address the provenance of although the distinction is not very in border towns such as Badka, Bish- firearms in traditional ownership and clear-cut as there are also criminal rampur, Gadi, Jayamangalapur, Khal- during the insurgency, but rather gangs that use illicit firearms in cities watol, Khosraha, Mirjapur, identifies and analyses the sources of such as Biratnagar and Birgunj. The Sabaithuwa, Sedwa, Shikta, Thori, firearms in the post-conflict period cities in the Kathmandu Valley and and Vishuwa began to arm them- Dharan are also transit points for the selves.25 surrounding districts. The key informants from the area, Points of origin, transit who included blakias, dhouwas, repre- routes, and destinations Points of entry for illicit small sentatives of civil society, journalists, business owners and security agents, In Nepal, as elsewhere, strict regula- arms from India and China agreed that the illicit marijuana plan- tions and the underground nature of the arms trade make it increasingly Birgunj area tations have all but disappeared since the adoption of the SSP in 2009. The difficult to trace the smuggling of Birgunj is Nepal’s largest entry point effort has significantly reduced the weapons and associated activities. for goods and people, and a gateway illicit economy, reflected in the declin- Interviews with senior officials and to Kathmandu and other parts of the ing demand for small arms in the area. the police suggest that arms were traf- country. The border custom post is a The existing weapons have not been ficked across Nepal’s northern border major revenue-collection centre surrendered, however, but are— with China during the insurgency (Republica, 2014). The districts in this according to a local crime reporter— (from 2000 to 2006 in particular); since area, with the exception of Makawan- ‘hidden like snakes in winter [because then most illicit firearms come from pur, were under high SSP alert (SSP, 26 India.19 This confirms previous Small 2009) and are also believed to be major of strict policing]’. Moreover, Arms Survey findings that India is the corridors for smuggling goods rang- although these plantations were primary source of small arms in ing from marijuana and other drugs to largely destroyed in Parsa, some have Nepal, most of them entering the Terai small arms, timber and counterfeit since appeared in districts such as region via its long unregulated border Indian currency.20 Nepal’s largest mar- Dhading, Makawanpur, and some (Racovita, Murray, and Sharma, 2013 ijuana plantations used to be based in parts of Chitwan (Gorkhapatra p. 59). the Bara, Parsa, and Rautahat dis- Online, 2014; author interviews). This The open border to the south, and tricts,21 from where the drug was shift has in turn fuelled the demand the ethnic, cultural, and linguistic sim- smuggled primarily to India. This for small arms in Chitwan, Dhading ilarities between the communities liv- illicit economy fuelled crime and vio- and Makwanpur area. ing on either side of it, make it easy to lence in eastern Terai, which in turn Birgunj remains a transit point for exchange information. In contrast, the stimulated the demand for small the smuggling of small arms to towns closed northern border with China, arms. Some farmers procured illicit in the north of the country. Criminal the opaque nature of the country’s firearms to protect their plantations gangs operating in the Kathmandu government, and the distinct cultural from the authorities as well as from Valley and Chitwan continue to have 27 and linguistic characteristics of the robbers.22 The police also reportedly their own suppliers in Birgunj. The Chinese and Nepali border communi- allowed the business community in towns in northern India are ideal ties, make communication and access Birgunj to keep unlicensed small places to obtain firearms because the to information very difficult. Moreo- arms.23 With this new demand for fire- unregulated open border facilitates ver, Nepal’s border with China trav- arms, actors such as dhouwas (carriers transit. The Indian cities of Bagaha, erses the highest peaks of the Himala- of illegal goods) and blakias (dealers Bhramapuri, Champia, Faduwa, Gho- yas, where border crossings are on the black market) became notori- dasan, Motihari and Rajpur are arduous and restricted to only a few ous. In this poor region, the farmers known for their illicit markets for mountain passes. In contrast, the flat could afford only poor quality craft small arms.28 In addition to arms terrain surrounding Nepal’s border firearms fabricated in India, particu- introduced illegally, there are a few with India facilitates cross-border larly katuwas (handguns), the cost of local workshops in Nepal that manu- movement. The research was there- which range from INR 5,000 to INR facture katuwas. According to local fore able to trace some points of origin 8,000 (USD 80—130).24 journalists and the police, local iron- in India but not in China. This trade resulted in a lucrative smiths can easily produce katuwas The towns bordering India in the illicit economy that included smug- from scrap metal, a skill they had south and China in the north, such as gling, robberies, kidnappings, and acquired from their forefathers long Birgunj, Biratnagar, and Tatopani, extortion of the local population and before the conflict.29 In a village in the have become transit points for small business community in particular. In Parsa district, a few weeks before the arms smuggling. The main onward an effort to curb such crime, the CA-II elections the police raided a destinations are in the Kathmandu authorities took steps to destroy the warehouse and arrested two individu-
4 Small Arms Survey Draft Briefing Paper October 2014 Crafting and loading craft-produced single-shot firearms, known askatuwa. als who had a katuwa and other items arms and ammunition. A police officer the Laliya border, particularly Rangeli used to make guns, such as GI pipes involved in the investigation said it and Sikti.34 Katuwas are also made in (iron pipes used in plumbing that are was possible that the suspects were some remote areas of Nepal, such as employed to make gun barrels) and professional arms smugglers as the Dhanusa, Jhapa, Morang, Saptari Sir- springs (used in various types of police recovered five loaded pistols, aha and Sunsari,35 although strict water pump and used to build a trig- nine magazines, and 58 rounds of bul- policing has discouraged this. The city 30 ger mechanism). Security sources lets. In the preceding two months, the is a transit point for all kinds of illegal say that villages in the Parsa district, Morang police had captured over a trade, particularly drugs from Jog- such as Bajwanna, Bhauratar, Jagan- dozen small arms smugglers in Birat- bani, as well as small arms. The key nathpur, Khalwatola, Lakhanpur, nagar and subsequently arrested five informants agreed that the urban Lakhanpur, Narkatuwa, Sabaithawa, Indians and two Nepali nationals (The areas in Terai are transit points for Sirsiya and Sonbarsa, and have a Himalayan Times, 2014b). destinations such as Dhankuta, number of ‘skilled workers’ who can Dharan, and Kathmandu.36 There are 48 border points in the manufacture firearms and explosives. eastern region where it is easy to enter The Arniko Highway area India to obtain small arms.32 The Biratnagar area Unlike its border with India, towns of Bardanga, Bathanaha, The city of Biratnagar is notorious Nepal’s border with China is heavily Birpur, Chokarwa, Darbhanga, Farbis- for arms-related violence and as a hub regulated. Tatopani is Nepal’s largest gunj, Galgaliha, Jogbani, Kisangunj, of small arms trafficking (The Himala- trade corridor with China. Border yan Times, 2014b). In 2011 the city Madhubani, Nirauwa Tapu, Nirpur, security is stricter on both sides, made national headlines when the Sonapur and Supoul are known for which makes cross-border smuggling 33 Morang District Court witnessed an the easy availability of small arms. more difficult than it is in the southern attempt to shoot Abhishek Giri, who Most are manufactured locally, border area. This said, the Arniko was under arrest on a charge of mur- although it is also possible to obtain Highway is known to be a route for der (The Himalayan Times, 2011).31 counterfeit mungeri pistols, which are smuggling wildlife and various goods Nepal’s two most infamous criminal of better quality and hence more to and from China. Such goods gangs are based in the city, as are net- expensive. (Since most of these come include rakta chandan (the endangered works suspected of small arms traf- from Munger in Bihar, they are collo- red sandalwood),37 satuwa (a medici- ficking. On 27 February 2014, the quially referred to as mungeri, which nal herb),38 sunakhari (a type of Morang police arrested six Indian has become synonymous with a coun- orchid), jadibuti (medicinal herbs), nationals in Biratnagar and seized terfeit gun.) Some smugglers prefer horses, and seahorses, as well as many
http://www.smallarmssurvey.org 5 other forms of wildlife in which trade for the largest share of illicit weapons and sometimes the number of police is prohibited under the Convention on and dominate the illegal market for officers present does not always International Trade of Wild Fauna and factory-made pistols. Criminal gangs match the number approved by the Fauna (CITES) (Kathmandu Post, 2013). consider that Chinese pistols are more authorities. Some key informants also China is also a destination for smug- reliable than the Indian counterfeits.43 suggested that collusion between gled US dollars,39 marijuana, hashish, Some key informants in the area, smugglers and high-profile local polit- and other narcotics. In early 2014, the including authorities working along ical figures facilitates clandestine route hit the national headlines for the the Kodari route and individuals activities in the area.45 smuggling of gold from China to involved in clandestine activities, India (Himalayan Times, 2014c). The claim that there are many ungoverned Main destinations for smuggled particularly lucrative illicit trade in routes to China through hill forests in firearms red sandalwood spawned smaller Dolakha, Rasuwa, and Sindhupal- After being smuggled into Nepal from criminal gangs that operate along the chok. Some suspected smuggling India and China, small arms often Araniko Highway. These groups tend routes originate in the village of Bigu make their way to markets in Dhan- to use Chinese pistols, thus increasing in Dolakha district and go to Alam- kuta, Dharan, Kathmandu and other the demand for firearms smuggled pur, Chyasa and on to Tibet, while hill destinations. over the northern border.40 others start at the Laftang on the During the last five years of the Nepal–China border and lead to vari- Dharan conflict, the Maoist combatants often ous Nepalese towns such as Ramche Dharan is one of the major cities in 41 used Chinese weaponry. Since 2006, village in Sindhupalchok, Barabise, eastern Nepal, a trading centre located however, no small arms smugglers and parts of the Dolakha district, such in the Sunsari district, between the have been apprehended on this route, as Chakhu.44 These smuggling routes hills and the edge of the Terai plain. although the Nepal Police do not deny are mushrooming because it is so hard The city was also a recruitment centre their existence.42 The large number of to patrol the mountainous terrain. for the British Gurkha Force, which Chinese pistols seized by the police in There is a lack of physical infrastruc- closed in the early 1990s. As a result, the Kathmandu Valley confirms the ture, and local security agencies have the city’s population includes a num- claims made by retired high-level only limited financial and human ber of relatively wealthy former Brit- MoHA officers, police officers, and resources. The nearest police posts are ish Gurkhas and trading families. It is members of criminal gangs that since between a six-hour and a three-day one of the country’s most prosperous the CPA, Chinese weapons account walk from the ungoverned routes, cities, with an estimated poverty rate
Handguns seized by the Kathmandu Police: (clockwise, from top left) a counterfeit (or mungeri) revolver, a US-manufactured 7.6 mm pistol, a counterfeit pistol marked as Italian, and a counterfeit pistol marked as US-made.
6 Small Arms Survey Draft Briefing Paper October 2014 of about three per cent, as opposed to the carcass of a rhino.50 The bharuwas mandu Valley that have a relatively the 25 per cent national average (CBS, are manufactured in villages such as high level of clandestine activities, 2013, pp. 7, 19). In recent years the city Korak, Madhauli, Manhari, Partapur, including small arms smuggling. has also become infamous for the level Sidhi, and Shaktikhor. These firearms, These include Boudha, Chakarapath, of gang violence and high drug use which are not usually for sale, are Jhamsikhel, Kalanki, New Baneshwor, among young people (IRIN News, manufactured from GI pipes and New Bus Park, and Thamel. Accord- 2011). A number of criminal gangs are scrap materials, and cost NPD 500— ing to police sources, there are 32 based in Dharan, and in 2010 clashes 10,000 (USD 5—100) to produce.51 sukumbasi basti (shanty towns illegally among local gangs resulted in gun- Chitwan is a destination for small settled on public land) in the Kath- shot wounds (Acharya, 2010). arms from China smuggled via Kath- mandu Valley, which can also be used The existence of criminal gangs mandu, while Indian weapons come as hideouts by local Dons and crimi- makes the city a lucrative destination mainly from Birgunj.52 nals. Given that these shanty towns for the trade in illicit drugs and small are characterized by poverty and high arms, which are reportedly more Kathmandu Valley unemployment, they are also likely to expensive than in other parts of the The Kathmandu Valley, Nepal’s serve as recruitment bases for criminal country. Small arms such as mungeri political and financial capital, has a gangs. 57 pistols that cost around NPR 25,000 booming market in illicit goods and The number of illicit firearms (USD 250) in the border city of Birat- activities. It is the largest destination seized in the sporadic police opera- nagar fetch twice as much or more in for small arms smuggled from China tions is small in view of the estimated Dharan.46 Key informant interviews and India and is on the transit route to figure of around 15,000 circulating in suggested that most firearms destined the surrounding districts. The two the capital.58 According to a retired for Dharan and other hill areas are main smuggling routes are from Bir- MoHA official, only two or three per smuggled through Jhapa, following gunj via Patlaiya, Hetauda, Manohari, cent of the total is seized each year, the highway from the south and then Bharatpur and Mugling to Kath- although between 2009 and 2013 the from Damak Lalbatti to Itari. Arms mandu; and from Birgunj via Patlaiya, police broke up several arms-traffick- smuggled through Morang follow Hetauda, Bhaise, Bhimphedi, Kule- ing rings. One of the largest was on 17 two major routes: from Jogbani, to khani, Dakshin Kali, and Pharping to March 2009, when the Tinku Singh Biratnagar, Dubahi and finally to Ita- Kathmandu. The former is also used group was found to be in possession hari; or from Shahebgunj to Harinagar to smuggle Chinese pistols from Kath- of two SMGs, one silencer pistol, and and then on to Inaruwa or Itahari. The mandu to Narayanghat.53 Smugglers three factory-made pistols (Khanal, latter appears to be the convergence generally prefer the second route, 2009). The group was allegedly point for small arms from Jhapa, however, as there is less security pres- involved in trafficking illicit arms Morang, and Sunsari. ence. 54 Small arms smuggled in from from India to Nepal, and had been Bara, Dhanusa, Jhapa, Morang, Parsa, active from the time when the racket- Chitwan Rautahat, Saptari, Shiraha, and Sun- eering in red sandalwood was rife The city of Chitwan, which in 2007 the sari follow the East-West Highway (Khanal, 2009). Between 2009 and Maoists proposed as the capital of and then from Hetauda follow the 2013, it had reportedly supplied Nepal, is also increasingly known as a two routes mentioned above. Accord- weapons to a range of clients, includ- transit point for a number of illicit ing to a senior police officer, Birgunj is ing major criminal gangs that moved activities such as human trafficking, the main transit point for small arms sandalwood through the Valley, indi- the drugs trade, prostitution, wildlife smuggled to Kathmandu and sur- viduals from political youth wings, poaching, and trading in timber.47 The rounding areas.55 Members of criminal and members of the business commu- district has witnessed incidents of gangs interviewed in Kathmandu and nity.59 armed gang violence, including Chitwan confirmed this.56 From the shootouts and killings,48 and it is northern border, small arms destined alleged that former PLA combatants for the Kathmandu Valley are smug- The actors and methods in Shaktikhor have also been involved gled in mainly via the Arniko High- used in smuggling illicit in various incidents of armed crime. way. Although the police claim that firearms This suggests that criminals increas- over 90 per cent of small arms are ingly make use of firearms.49 Poachers smuggled in from India, it is unclear in the Chitwan National Park usually how many of the illegal firearms cir- Methods used in smuggling use long-barrel craft bharuwas, but culating in the Kathmandu Valley are Small arms are smuggled into according to a conservationist work- locally produced or were smuggled Nepal in a variety of ways. For ing in Sauraha, bullets of .303 rifles across the southern border. instance, blakias may keep one or two and SLRs were also found hidden in There are some areas in the Kath- short-barrel arms under the motor-
http://www.smallarmssurvey.org 7 bike seat when they cross the southern der each day, manual searches are dif- are smuggled into Nepal at a time. border. The weapons are then passed ficult and most illegal cargos get Although larger consignments have on to Nepali intermediaries who through. During the insurgency, Mao- been reported, these are not the norm. deliver them to their contacts or to the ists smuggled arms and ammunition This supports the characterization of end user.60 Other smugglers disguise in trucks covered with hay and used such smuggling as an ‘ant trade’. guns as packages of food, fertilizer, or bribes to facilitate passage.61 In inter- even fruit. Interviewees described the views, the Nepal Police underlined Actors involved in smuggling method of scooping out a watermelon the need for scanning equipment at small arms and hiding pistols inside it. Others border posts to enable them to detect The actors involved in small arms mentioned hiding weapons under firearms concealed in loaded trucks.62 smuggling can be categorized into rickshaw seats, wrapping them in Smugglers also take advantage of four main types: contractors, suppli- plastic and concealing them in a security gaps. For instance, the police ers, carriers (transporters) and con- matka, a mud vessel used to make and seldom check vehicles bearing flags sumers, who may or may not be the keep yogurt, or transporting them in and banners for political rallies. Some end-users.66 In this Issue Brief these tangas (horse-drawn carts). individuals affiliated with the youth terms refer only to clandestine opera- For larger and more regular wings of political parties have used tors, not to licensed firearms. demands, small arms are hidden in this as an opportunity to transport Police and government sources large consignments trucked in from illicit small arms from Biratnagar to suggest that networks involved in 63 India—often concealed in fake parti- Kathmandu. There are reports that trafficking small arms are highly com- tions in the cargo or fuel tank or dis- during the CA-II elections, political partmentalized so that nobody knows 64 guised as engine parts. The trucks parties used the same strategy. the entire group and can thus deny enter Nepal through official custom According to a former deputy com- any involvement if they are arrested. posts and follow the principal routes mander of a PLA division, the divi- Carriers are the most common and to their destinations. There are very sion has imported 60 Kalashnikov- the most vulnerable element in such a few chances of catching them without class rifles (AK-47) from India to network, and have little knowledge of the necessary scanning equipment. Western Nepal.65 the overall picture. When they are Based on tip-offs, the border police Police records and interviews with arrested, carriers tend to claim that have apprehended a few consign- individuals involved in clandestine they do not know anyone, including ments of illegal arms, but with an activities suggest that at most five the leader of the network and the end- average of 200 trucks crossing the bor- small arms and related ammunition user, that they have only a pick-up
Figure 1 Principal elements of smuggling networks in Nepal (based on key informant interviews)
8 Small Arms Survey Draft Briefing Paper October 2014 Box 1 Small arms for rent—a relatively new phenomenon
Police sources suggest that, rather than purchasing them, an increasing number of people rent illicit firearms. Just before the CA-II elections, the Mo- rang police seized three mungeri counterfeit pistols when they arrested a group of youths associated with a political party. The pistols had been hired from dealers for NPR 10,000 (USD 100) a day.70 The Kathmandu police also arrested an individual who had a mungeri revolver, which he was suspected of using for the purposes of extortion. Under questioning the accused admitted he had rented the revolver from a former Maoist combatant for NPR 20,000 (USD 200) a day.71
In Kathmandu the police are conducting sting operations in which a ghumuwa (plainclothes officer) infiltrates criminal gangs. In one such operation, a ghumuwa offered a suspected an advance of NPR 20,000 (USD 200) for the hire of a pistol to use in burgling a wealthy private residence in the Kirtipur area. The suspect agreed to provide a mau (pistol)72 with bacha (ammunition)73 in exchange for a 20 per cent share of the loot, estimated to be worth around NPR 200,000 (USD 2,000). The police arrested the suspect the following day in possession of the pistol in question.74 This is but one example of a wider trend in clandestine and criminal activities, as confirmed by members of criminal gangs. The rental price depends on the personal relationship between the two parties, and for how long and why the gun is hired.75 Hiring firearms is increasingly preferred to purchasing them, since it is quite easy to do so, it does not entail a large investment, and the punishment for being in possession of a hired illicit firearm is less severe than for owning it in the event of arrest. Buying a Chinese pistol in good condition costs NPR 150,000—200,000 (USD 1,500—2,000), but it can be hired for only NPR 20,000 (USD 200) a day.
and drop-off location, and were network, and making it more difficult gifts of small arms to his colleagues in involved only for the money.67An for the activities to be traced back to Kathmandu. There are also reports intermediary provides a code word in them. Some contractors also use that during the CA-II elections, mem- order to identify the contact at the agents to collect payments. These are bers of political parties bought illicit point of receipt and delivery. The car- often members of clandestine or crim- firearms (Dahal, 2013). In Nepal, crim- rying fee ranges from NPR 2,000 to inal groups. A contractor may head a inal gangs are thought to be among NPR 25,000 (USD 20—260). The fee network or manage it on behalf of a the largest purchasers of illicit small depends on the type of arms to be head who, although not directly arms, and are involved in all kinds of conveyed, and on the distance, num- involved in the transactions, receives criminal activities, ranging from theft ber of checkpoints, and final destina- part of the profit. The usual mode of to extortion or contract killings. Before tion. A senior police officer says there payment is in cash and generally the conflict these groups mainly used may be up to five different carriers made in advance, but the detail khudas (heavy knives) and khukuri used for one delivery.68 Most of those depends on the specific deal between (bladed weapons), but as firearms arrested on charges of small arms traf- the buyer and seller. became more available in the post- ficking are carriers. According to the The third category is that of the CPA period, they started to use them police officers involved in investiga- suppliers. These are not necessarily instead. Traditional weapons lost their tions, a carrier might know or be com- the manufacturers of illicit arms (such coercive effect, which in turn made it pletely unaware of the nature of their as craft producers), but can occupy essential to have small arms in order cargo. According to the Nepal Police various positions as agents (such as to maintain dominance and territorial data on arrests made between 2008 blakias) in the black market. They may control. The success of the illegal trade and 2013, 90 per cent of the carriers also be members of armed groups that in red sandalwood, a kilo of which were men and women constitute the have captured firearms from army or costs INR 400 (USD 7) on the Indian remaining 10 per cent (Nepal Police, police stockpiles. border, but almost NPR 5,000 (USD 2014). The fourth category is the cus- 52) on the Tibetan border,69 helped The second category is that of the tomer—the individual or group that fuel the reliance on more sophisticated contractors. These take orders from placed the order. The customer may or and lethal weaponry. various customers and arrange the may not be the end-user of the Most key informants reported that the cross-border trafficking of small arms, weapon. Customers contact contrac- ‘crime–politics nexus’ in Nepal is a identify and mobilize the carriers, and tors or intermediaries and request a key facilitating factor in the trafficking ensure delivery. Some contractors particular type and number of weap- of firearms. Corruption, the abuse of make a ‘setting’, or establish links ons, and arrange for the delivery. authority, and political protection pre- with individuals in key positions, When the customer is a group, the vent the capture and prosecution of sometimes providing bribes to facili- weapon may be destined for use by its individuals involved in smuggling tate passage through the checkpoints. members. A customer may subse- and dealing in illicit small arms (Zip- Others use various intermediaries to quently sell the weapon or offer it to a perer, 2013). Members of criminal serve as contacts for the carriers, or to third party. One of the Dons from gangs use the term ‘setting’ or ‘lining’ act as facilitators—thus expanding the Biratnagar is well known for making to describe bribing the authorities to
http://www.smallarmssurvey.org 9 turn a blind eye to smuggling goods For a contractor, the net profit from matic and semi-automatic pistols and across the Nepal–India border. the trafficking and sale of illicit fire- revolvers are made in illegal factories According to one report, bribes of bor- arms is often accumulated as the dif- in the Indian states of Bihar (mainly der guards can range from less than ference between the manufacturing Munger, which explains the generic NPR 500 to as much as NPR10,000 price or the price registered at the term mungeri for counterfeit guns) and (USD 5—USD 100) (Zipperer, 2013). entry point and the price demanded at Uttar Pradesh. Illicit factories in India Some key informants claimed that the destination, minus the carrier and also include Aasapur, Betiya, Gadar- bribes are essential in order to conduct intermediary fees. This does not take pur, Ghodasahan, Jhola Sakinia, 76 certain clandestine activities. One into account indirect profits, for Laskar, Motihari, and Muzaffarnagar widely reported case was that of Dep- instance when the firearm is rented (Bhowmick, 2012; Saxena, 2014). Pro- uty Superintendent of Police Roop out repeatedly. ducers copy factory-made US, Italian, Kumar Neupane, who was demoted In central and eastern Nepal German, and even Chinese pistols, and eventually dismissed for collud- (including the Kathmandu Valley), the reproducing the markings, including ing with criminal gangs and armed katuwa is the most widely available the place of fabrication. The quality of groups in the Dhanusa district (Kath- firearm and is far cheaper than a fac- these counterfeits varies widely, and mandu Post , 2011). Other cases of tory-made weapon (the average cost some can be easily identified through police officers involved in various is NPR 5,000—15,000 (USD 50—150)), misspellings. crimes have been reported (INSEC, but is less accurate and less reliable 2011, p. 6) and key informants than a single-shot craft gun. For this referred to plainclothes police,77 hav- Tackling firearms reason, the mungeri counterfeit revolv- ing been involved in various forms of ers and pistols now dominate the smuggling extortion and selling or carrying arms illicit market in Nepal. A mungeri Nepal is a signatory of the United for criminal gangs.78 automatic pistol in good working Nations Programme of Action on order can be purchased for NPR Small Arms and of the Arms Trade The Illicit Small Arms 25,000—150,000 (USD 250—1,500) Treaty (ATT), with proposed ratifica- Economy depending on the deal, and the place tion of the ATT tabled in June 2014 and quality of the weapon. Original (The Himalayan Times, 2014d). The According to a retired police officer factory-made US or Italian pistols cost ownership, possession, manufactur- with a career in the MoHA and the at least NPR 250,000 (USD 2,500), a ing, transfer, and acquisition of arms Ministry of Defence, the trade in small price that tends to put them beyond and ammunition in Nepal are regu- arms accounts for a very small share reach. Most of the counterfeit auto- lated by the 1962 Arms and Ammuni- of Nepal’s illicit economy, although it is hard to establish its magnitude due Table 3 Price and profit margins of selected illicit firearms at entry to the lack of reliable estimates of the point and destination number of illegal firearms in the coun- Type of firearm Entry/transit point and price Destination and price (NPR) Estimated gross try and the difficulty of monitoring (NPR) profit (NPR) inc their prices.79 Table 3 presents a snap- carrying charge shot of the prices fetched for illicit fire- Katuwa Biratnagar 10,000 Dharan 20,000 10,000 arms. It shows that direct profits made Sixer (revolver) Biratnagar/Jhapa 25,000 Dharan 50,000 25,000 from selling a firearm can range from Mungeri pistol Biratnagar 50,000 Dharan 100,000 50,000 Chinese pistol Tatopani 35,000 Kathmandu 100,000 to 65000 to a few thousand rupees to some NPR 150,000 115,000 150,000 (USD 1,500). Chinese pistol Tatopani 35,000 Kathmandu 160,000 to 125,000 to On average, prices range from 200,000 155,000 NPR 20,000 to in excess of NPR Katuwa Birgunj/Biratnagar 10,000 Kathmandu 25000 15,000 250,000 (USD 200—2,500) depending Sixer (revolver) Biratnagar/Jhapa 25,000 Dharan 50,000 25,000 on the type and quality of the firearm. Mungeri pistol Biratnagar 50,000 Kathmandu 100,000 50,000 In Kathmandu Valley, a home-made Mungeri pistol Birgunj 25,000 Kathmandu 50,000 to 25,000 to katuwa costs around NPR 20,000 (USD 100,000 50,000 200), a mungeri pistol costs NPR US/Italian/ German Birgunj/Biratnagat 160,000 Kathmandu 200,000 to 40,000 to 50,000—100‚000 (USD 500—1,000), factory-made pistol 300,000 140,000 Chinese factory- Chitwan 160,000 to 125,000 to while factory-made Chinese pistols made pistol 230,000 185,00080 fetch around NPR 150,000 (USD US/Italian/ German Chitwan 200,000 to 40,000 to 1,550), and first-hand automatic US factory-made pistol 300,000 150,000 and Italian pistols cost at least NPR Note: The figures are based on the modes (most frequent value) of the lowest and highest prices reported by key informants in the five 250,000 (USD 2,500). areas. Source: Author interviews, December 2013–April 2014.
10 Small Arms Survey Draft Briefing Paper October 2014 tions Act and its subsequent amend- Figure 2 Number of cases and persons arrested by the Nepal Police on ments (Government of Nepal, 1962). charges of small arms smuggling, June 2008–June 2013 Current legislation imposes up to five years imprisonment and fines of up to NPR 100,000 (USD 1,000) for the ille- gal possession of firearms and ammu- nition (Himalayan Times, 2013). An individual may own a total of three registered firearms and a family up to six in any combination, in addition to one air gun. The law also allows an individual to obtain a licence for a 12-, 16-, 20- or 410-bore shotgun, a mus- ket, an air gun, and a .22-bore rifle for Source : Nepal Police, 2014 (based on annual records on the cases brought under Arms and Ammunition Act from 2008 to 2013). security or hunting purposes. A 2007 amendment to the 1962 According to police data, most of being made.81 Police officers have also Arms and Ammunition Act also pro- those arrested were men, with women noted that those arrested were seldom hibited the manufacture or adaptation carriers accounting for around 10% of professional arms dealers but tended of firearms or ammunition, in an attempt to curb craft production cases. The number of arrests made in a to be individuals hoping to make easy 82 (Kathmandu Post, 2014). Additional single operation varies, but is gener- money. amendments stipulate that in order to ally between one and six members of Police records indicate that from prevent electoral violence, during the same ring. In a noteworthy 2009 to 2013 they seized more than election periods only security officers instance, the Birgunj police arrested 1,400 firearms and over 3,600 rounds may carry arms. In April 2013, ahead an arms dealer who had a katuwa, and of ammunition. Of these, the largest of the constitutional assembly elec- successfully traced the weapon back captures of ammunition were in 2010 tions, the government issued a 30-day to the craft manufacturer, the owner of and 2012, while the largest number of amnesty for illegal firearms to be sur- a warehouse where the guns were illicit firearms was seized in 2009 and rendered to the authorities. The initia- tive met with limited success, how- ever, with only 6,700 weapons surrendered (Xinhua, 2013). In accordance with legislation, government agencies have taken bold steps to stop smuggling and illicit activities involving firearms. These include a combination of stringent policing strategies and policy reforms. Working in collaboration with the bor- der guard, the Nepal Police have arrested about a dozen criminal gangs and smuggling rings. In some 1,300 cases between June 2008 and June 2013, over 2,300 arrests were made on charges of firearms smuggling (see Figure 2). According to the annual police records on cases brought under the Arms and Ammunition Act, there was a 41 per cent drop in the number of cases of small arms smuggling between 2008 and 2013, from 304 to 178 (Nepal Police, 2014). It is unclear whether this is due to successful polic- ing, or because smugglers have man- aged to avoid detection and capture. Police display seized weapons including (from left) Sterling Carbines and craft-produced katuwa and baruwa.
http://www.smallarmssurvey.org 11 2011. There was a notable reduction in Figure 3 Illicit firearms and ammunition confiscated by the Nepal the number of cases in 2013 (see Fig- Police, 2009–2013 ure 3). Once seized, the firearms and ammunition are sealed and supposed to be kept in the custody of the Chief District Officer (CDO) as stipulated in the Arms and Ammunition Act, 1962 and subsequent amendments, but in practice they are kept in the relevant District Police Office.83 Katuwas account for more than half of the illicit firearms seized by the police between 2009 and 2013, fol-
lowed by pistols, LG rifles, and baru- Note: The years are displayed according to the Nepali calendar, from 15 June to 15 June the following year. The data is taken from the Nepal was. Despite the lack of information Police annual records on the cases brought under Arms and Ammunition Act, 1962. Source: Nepal Police, 2014. on the precise circumstances of the arrests and seizures, a comparison up to 50 per cent if the informants are illicitly. Some key informants also with the number of cases registered private individuals (Government of argued for administrative reform in shows that in general only one or two Nepal, Arms and Ammunition Act, the prosecution of offences involving weapons were smuggled at the same 1962, 2007 amendment). Most of those small arms, and for eliminating all time, and that large consignments are who were interviewed consider that forms of corruption that may impede rare. the ‘buy-and-bust’ strategy has been a fair or speedy trial. At present the In the absence of expensive equip- successful in cracking down on smug- CDO has quasi-judicial powers to ment to scan trucks, the government gling and illicit trade in small arms, detain persons suspected of having has opted to bolster police operations. although it has also been criticized as infringed small arms legislation for up Sting ‘buy-and-bust’ operations being heavy-handed on some occa- to three months without charge. involve plainclothes police and sions. For instance, it is alleged that Human rights bodies have criticized informants seeking to catch smugglers two individuals arrested on smug- these extended powers, introduced to in the act. The police order a weapon gling charges were subjected to police allow for speedy trials, for prolonging and pay the advance, then follow the violence while they were held in cus- detention without trial (Bogati, Mug- agents and arrest them when the tody (AHRC, 2013). gah, and Carapic, 2013). requested firearm is brought to the Besides tackling the supply of fire- delivery point. In 2012, this strategy arms through its ‘buy-and-bust’ strat- enabled the police to seize a SMG in egy, the Nepal Police has also tried to Conclusion Kathmandu, which had been smug- target Gondas, assumed to be the main Nepal, in common with other post- gled from Birgunj, via Hetauda, customers of smuggled weaponry. conflict societies, still faces security Narayanghat, and Mugling.84 The The police have also exploited internal challenges. This Issue Brief focuses on plainclothes police in Kathmandu rifts in criminal gangs in order to bust small arms smuggling into eastern have recently caught a number of them, a process that depends on very Nepal, and on the routes and means arms dealers, after having paid close collaboration with their inform- used and the policies in place to around NPR 50,000 (USD 500) to ants. In interviews, a number of Nepal address the problem. Most illicit fire- acquire a smuggled mungeri pistol, Police officers said that gang violence arms that enter eastern Nepal come and an advance of NPR 20,000 (USD limits their ability to tackle such through the open border with India, 200) to hire a sixer. The police subse- groups and seize their arsenals. although there is a need for more quently arrested the carrier. In Febru- Various NGOs and law-enforce- research in order to gauge the level of ary 2014 the Biratnagar police arrested ment agencies have called for legisla- trafficking across the border with a dozen individuals involved in arms tion on the possession and acquisition China. The Issue Brief also finds that dealing, using the same strategy to of small arms to be strengthened, in most firearms in circulation in eastern break up a six-person ring. The provi- order to prevent the misuse of Nepal are craft or counterfeit guns, sions of the current legislation allow licensed firearms or their diversion to and identifies the relatively new phe- for a financial incentive to police non-authorized users. The argument nomenon of renting illicit firearms. informants who help to break up for tighter licensing has not met with The Issue Brief reviews the histori- small arms trafficking rings: the universal approval, however, some cal background of small arms traffick- informants can receive up to 25 per maintain that a tougher regime may ing and its links to the smuggling of cent of the fine paid by the offender, or push some people to obtain firearms other illicit goods, including drugs,
12 Small Arms Survey Draft Briefing Paper October 2014 A selection of katuwa. precious metals and sandalwood. The Notes 7 Author interviews with a senior police CPA, the integration of former Maoist officer in Kathmandu, 9 February 2014 1 The Comprehensive Peace Accord (CPA) and a former Don turned businessman in combatants into the Nepalese Army, was signed on 21 November 2006 by the Birgunj, 16 December 2013. and the overall reduction in the num- Seven Party Alliance (SPA) and Commu- 8 The Panchayat Regime was a period of ber of armed groups in the country, nist Party of Nepal (Maoist) (CPN (Mao- absolute monarchical rule in Nepal from ist)). have contributed to the reduction in 1960 to 1990. In 1960 King Mahendra 2 Since there is no universally accepted used emergency powers to overthrow the the demand for small arms since the definition of a ‘small arm’ or ‘light democratic government. The regime insurgency period. The proliferation weapon’, the Small Arms Survey adopts subsequently banned political parties of criminal groups has, however, the proposal put forward by the 1997 UN and prohibited party elections in the Panel of Experts, which considers maintained a demand for illicit fire- Rastriya Panchayat (National Panchayat) portability to be the defining and Gau Panchayat (village Panchayat). arms. characteristic. Although this definition Restricted political rights included To curb this phenomenon, the applies to revolvers, pistols, rifles, and freedom of speech and the right to form Nepali authorities have targeted both carbines as well as sub-machine guns organizations. the supply of and demand for small (Small Arms Survey, n.d), this Issue Brief 9 Maoist Declaration of 13 February 1996. focuses on short-barrel firearms that can 10 Author interviews with a respected arms, using legislative measures and be easily concealed, unless otherwise sociologist, police officials, and a retired ‘buy-and-bust’ strategies to identify stated. senior MoHA official in Kathmandu, 9 and break up trafficking rings. These 3 For further information on the February 2014 and 13 March 2014. results of these efforts have been methodology used, see online annexe, 11 Information compiled from author available at www.nepal-ava.org and interviews conducted between 1 mixed. Some call for a tighter firearms www.smallarmssurvey.org/ December 2013 and 7 May 2014. regime, and others for better prosecu- publications/by-type/issue-briefs.html. 12 Mungeri is a generic term for factory- tion and less corruption, or for serious 4 See Figure 1 in online annexe, available at made counterfeit pistols made in Munger investment in training and equipment www.nepal-ava.org and www. in the Begusaraya districts of the Indian smallarmssurvey.org/publications/ state of Bihar. They replicate US, Italian for border police. Last but not least, by-type/issue-briefs.html. or other genuine factory-made pistols there is a need for tighter regulation of 5 The ‘Rana Rule’ is the period between and label them as having been the Nepal–India border, the principal 1846 and 1953 when the Rana dynasty manufactured in the USA, Italy or China entry point for smuggled firearms and ruled the Kingdom of Nepal. (The Hindu, 2013). The term includes 6 Author interviews with a senior police other types of counterfeit small arms ammunition in order to achieve tangi- officer and a retired senior MoHA official made in illicit factories in Bihar and Uttar ble results in the fight against the pro- in Kathmandu, 9 February 2014 and 16 Pradesh. liferation of illicit small arms. March 2014. 13 The first Constitutional Assembly (CA)
http://www.smallarmssurvey.org 13 elected in 2007 failed to deliver a 31 A team of 12–14 people led by Mukesh death of Shiva Poudel, the leader of a constitution and a second Constitutional Budathoki attacked Abhishek Giri, a gang called K-boys. Members of the Assembly was elected in November 2013. detainee being held in Jhumka jail in C-boys who were detained at the same The 2007 CA is therefore referred to as Biratnagar, in a dispute over a prison had attacked Poudel and other CA-I. construction contract in the District inmates in order to settle scores. Poudel 14 In one incident, known as the ‘Beni Development Committee. This was not was in custody charged with the murder attack’ on Royal Nepalese Army based on personal rivalry but a fight of Sanjay Lam, a member of the C-boys. barracks, Maoists captured around 265 between two criminal gangs. The incident was politicized as members units, including ‘2 SLRs (self-loading 32 Author interview with a senior police of these gangs were affiliated to the youth rifles), 65 .303 rifles, 14 INSAS rifles, one officer in Biratnagar, 31 December 2013. wings of the Nepali Congress (NC) and M-16, 7 pistols, 3 LMG (light machine 33 Compilation from author interviews in the Communist Party of Nepal–Unified guns), one 2-inch mortar, 50,000 bullets, Biratnagar, 29 December 2013– 8 January Marxist-Leninist (CPN–UML), although and 10 mortar rounds’ (Ogura 2004, 2014. the incident was a case of gang warfare p. 115). 34 Author interview with an individual rather than being politically motivated. 15 Author interviews with a senior police involved in clandestine activities, in 49 Author interviews with members of officer in Birgung, 17 December 2013 and Biratnagar, 29 December 2013. criminal gangs and political youth-wing a senior journalist in Birgunj, 35 Author interview with senior police leaders in Narayanghat, 25–28 January 19 December 2013. officer in Jhapa, 7 January 2014. 2014. 16 Author interview with a retired senior 36 Author interviews with senior police 50 Author interview with conservationist in MoHA official in Kathmandu, 16 March officers and policy planners in Birgunj, Sauraha, 25 January 2014. 2014. Biratnagar, and Kathmandu, 17 and 31 51 Author interview with conservationist in 17 Armed groups tend to be transient, December 2013 and 16 March 2014. Sauraha, 25 January 2014. volatile, and highly individualized, 37 An endangered species of 52 Author interview with a member of a which can make it difficult to separate Pterocarpussantanlinus, commonly known clandestine group from Chitwan in their political and criminal objectives. as red sandalwood, is smuggled mainly Narayanghat, 26 January 2014. 19 Author interviews with retired senior to China for the purposes of making 53 Author interviews with police officers officials and police officers in furniture and cosmetics. and with a clandestine group in Kathmandu, 9 February 2014 and 13 38 Paris polyphylla Sm. Kathmandu and Chitwan, 25 January–18 March 2014. 39 Authentic US dollars are smuggled from March 2014. 20 Author interviews with police officers Nepal to China to avoid legal 54 Author interviews with senior police and journalists in Birgung, 16–25 requirements, taxes and regulations officers and policy planners in Birgunj, December 2013. regarding financial transfers. Biratnagar, and Kathmandu, 17 and 31 21 A view expressed by all key informants 40 Author interviews with carriers of red December 2013, and 16 March 2014. in author interviews in Birgunj, 16–26 sandalwood and police officers in 55 Author interview with a senior police December 2013. Khadichour, 4 February 2014, and in officer in Birgunj, 17 March 2014. 22 Author interviews with police officers Kathmandu, 9 February–15 March 2014. 56 Author interviews with individuals and journalists, 16–26 December 2013. 41 Author interview with the most senior involved in clandestine activities in 23 Author interviews with police officers, retired security officer in Kathmandu, 9 Chitwan and Kathmandu, 26 January journalists, and members of the business February 2014. and 25 February 2014. community in Birgunj, 16–26 December 42 Author interview with the police officers 57 Author interviews with a senior police 2013. and carriers of red sandalwood along this officer and with members of criminal 24 Based on the mode values obtained in route, 1–6 February 2014. gangs in Kathmandu, 7 January 2014, and author interviews with police officers, 43 Author interviews with police officers at 27 February–11 March 2014. journalists, and members of the business a post situated on the Araniko Highway 58 Author interview with a leading police community in Birgunj, 16–26 December and members of criminal gangs in officer dealing with gang violence in 2013. Barabise and Khadi Chaur, 3–4 February Kathmandu, 7 April 2014. 25 The names are compiled from author 2014. 59 Author interview with the police officers interviews with police officers, journalists 44 Author interviews with police officers at and carriers of red sandalwood along this and representatives of civil society in a post situated on the Araniko Highway route, 1–6 February 2014. Birgunj, 16–26 December 2013. on 1–6 February 2014. 60 Author interview with arrested arms 26 Author interview with journalist in 45 Author interviews with police officers at dealers in Birgunj jail, 23 December 2013. Birgunj, 23 December 2013. a post situated on the Araniko Highway, 61 Author interview with a well-placed 27 Author interviews with police, journalists and members of criminal gangs in policy planner in Kathmandu on and representatives of civil society in Barabise and Khadi Chaur, 3–4 February 16 March 2014. Birgunj, 16–26 December 2013. 2014; and with a senior police officer in 62 Author interviews with all police officers, 28 Compilations from author interviews in Kathmandu, 15 March 2014. between 16 December 2013 and 7 May Birgunj, 16–26 December 2013. 46 Author interviews with individuals 2014. 29 Author interview with the owner of involved in clandestine activities and 63 Author interview with a youth-wing warehouse producing small arms and an with a senior police officer in Biratnagar leader of one of the major political parties arms trader in Birgunj jail, 23 December and Dharan, 1 and 8 January 2014. in Biratnaga, 8 January 2014. 2013. 47 Author interview with a MoHA official in 64 Author interview with a senior police 30 Author interview with the police officials Narayanghat, 28 January 2014. officer in Biratnagar, 30 December 2013. involved in the raid and persons 48 A notorious incident at Chitwan jail on 6 65 Author interview with a former PLA detained in Birgunj jail, 20–23 December December 2012 involved clashes between combatant in Kathmandu, 18 March 2014. 2013. two rival criminal gangs, which led to the 66 An opinion shared by retired Home
14 Small Arms Survey Draft Briefing Paper October 2014 Secretaries and officers above DSP in two men in Kathmandu.’ 16 September. n&NewsID=407204> author interviews, between 1 December
http://www.smallarmssurvey.org 15 Madhesh News (Nepal). 2013. ‘Terai Armed NAVA-IB3-Risky-Business.pdf> Xinhua. 2013. ‘Nepal brings over 6,700 illegal groups yet to surrender their weapons.’ Regmi, Shekhar. 2011. ‘Attack on murder arms under control.’ 22 August.
About the Small Arms Survey ondary data sources, but focuses on generating original data and analysis through field research. For more information see The Small Arms Survey serves as the principal international www.nepal-ava.org source of public information on all aspects of small arms and This paper has been made possible through the support of armed violence, and as a resource centre for governments, pol- Australian Aid. icy-makers, researchers, and activists. Author: Lekh Nath Paudel The project has an international staff with expertise in Series editor: Mihaela Racovita security studies, political science, international public policy, Copy editor: Deborah Eade law, economics, development studies, conflict resolution, soci- All photos courtesy of the author . ology, and criminology, and works closely with a worldwide network of researchers and partners. Small Arms Survey 47 Avenue Blanc, 1202 Geneva, Switzerland The Small Arms Survey is a project of the Graduate Insti- t +41 22 908 5777 f +41 22 732 2738 tute of International and Development Studies, Geneva. For more information see www.smallarmssurvey.org. About the Nepal Armed Violence Assessment The Nepal Armed Violence Assessment (NAVA) is a project of the Small Arms Survey. It serves as an independent research resource for Nepalese officials, civil society groups, and international partners. The NAVA combines primary and sec-
16 Small Arms Survey Draft Briefing Paper October 2014