Access to Security, Justice & Rule of Law in Nepal
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Access to Security, Justice & Rule of Law in Nepal An assessment report This assessment was carried out by six consultants engaged by GRM International Ltd., the managing agency of the Enabling State Programme on behalf of DFID. The consultants were selected jointly by the donors, i.e., DFID, DanidaHUGOU and UN Resident and Humanitarian Coordination Office on behalf of the United Nations Country Team (UNCT). GRM/ESP Team have also made contribution to the production of this Report. The views expressed in the report are those of the consultants and not of the funding partners. TABLE OF CONTENTS ACRONYM -------------------------------------------------------------------------------------------------- I EXECUTIVE SUMMARY-------------------------------------------------------------------------------VI-X 1. INTRODUCTION ------------------------------------------------------------------------------------ 1-2 2. SUMMARY OVERVIEW ----------------------------------------------------------------------------3-18 Political Economy--------------------------------------------------------------------------------------3 Institutional Capacity ---------------------------------------------------------------------------------6 Inter- Sub-Sector Relations ------------------------------------------------------------------------ 10 Social, Economic and Gender Dimensions ------------------------------------------------------ 11 National Reform Efforts and International Support -------------------------------------------- 12 International Support ------------------------------------------------------------------------------- 15 3. CHALLENGES & PRIORITIES ----------------------------------------------------------------- 19-22 Criminal Justice Challenges and Priorities------------------------------------------------------ 19 Civil Justice Challenges and Priorities ----------------------------------------------------------- 19 Informal Justice and Community Security Challenges and Priorities ---------------------- 20 Legislative Framework, Oversight and Accountability Challenges and Priorities --------- 20 SWOT Summary ------------------------------------------------------------------------------------- 21 4. OPTIONS and RECOMMENDATIONS ----------------------------------------------------------- 23- Overview ---------------------------------------------------------------------------------------------- 23 Joint Aid and Coordination ------------------------------------------------------------------------- 24 Strategic Foundation Recommendations -------------------------------------------------------- 27 Short, Medium, Long Term Impacts and Recommendations --------------------------------- 28 Sequencing & Priorities: Criminal Justice ------------------------------------------------------ 33 Sequencing & Priorities: Civil Justice ------------------------------------------------------------ 34 Sequencing & Priorities: Non-State/Informal Justice and Community Security ---------- 35 Sequencing & Priorities: Legislative Framework, Oversight & Accountability ------------ 37 Sequencing & Priorities: Summary and Recommendations ---------------------------------- 39 5. RISKS and MITIGATION STRATEGIES ------------------------------------------------------ 41-42 Annexes: Annex A – Summary Overview Supplementary Political Economy Assessment ---------- 43-62 Annex B – Qualitative Data ------------------------------------------------------------------------ 63-76 Annex C – Summary of Sector Strategic Plans ------------------------------------------------- 77-90 Annex D – Selected References ------------------------------------------------------------------ 91-94 Annex E – Terms of Reference -------------------------------------------------------------------- 95-98 Annex F – List of People Consulted -------------------------------------------------------------- 99-112 ACRONYM ADR Alternative Dispute Resolution AG/OAG Attorney General (Office of the Attorney General) CA Constituent Assembly CDO Chief District Officer CIAA Commission for the Investigation of Abuse of Authority CPA Comprehensive Peace Agreement CSO Civil Society Organisation DANIDA Danish International Development Agency DIG Deputy Inspector General of Police GBV Gender Based Violence LPC Local Peace Committee NGO Non-governmental Organisation NHRC National Human Rights Commission NKP Nepal Kanoon Patrika (Nepal Law Reporter) NP Nepal Police OECD Organisation for Economic Cooperation and Development OHCHR Office of the High Commissioner for Human Rights SC Supreme Court SWOT Strengths, Weaknesses, Opportunities and Threats UNDP United Nations Development Programme USAID United States Agency for International Development An assessment report I EXECUTIVE SUMMARY he overriding objective of this review The Summary Overview, which addresses was: to develop an assessment of the political economy, institutional capacity, Tchallenges and opportunities cross-sub-sector relations, social, economic faced in citizens’ access to security and and gender issues, provides the contextual justice and the strength of the rule of law in background for consideration of options Nepal, and options for improving the impact and presentation of recommendations. This of international support over the coming Summary arrives at several challenging three-to-five years; in particular for poor conclusions. and excluded groups. It identifies the criminality that is being Within the context of citizens’ access fuelled by political parties and the impunity to security, justice, and rule of law that accompanies political actors’ leverage consideration was given to four Sub-Sectors: over the law enforcement and justice institutions as being undermining, not Criminal Justice System just of these institutions, but also of the Non-Criminal Justice System democratic foundations of the State and Non-State/Informal Justice and ultimately depriving it of legitimacy in the Community Security eyes of many citizens. While acknowledging Legislative Framework, Oversight and that the concept of nexus between Accountability criminality, police and politics is by no means applicable to every political actor The approach to this review was modelled or all political interests, it concludes that substantially on Rapid Appraisal principles political party sponsorship of criminally USAID 1996). Given the constraints of inclined elements in their own ranks and time and resource, this was seen as an their failure or inability to rein them in does appropriate means in seeking answers to create an air of general lawlessness, with the significant questions associated with consequent impact on citizens’ sense of the key elements in this assignment. security. The data gathering process drew on In its critique of the Sector’s institutional published and unpublished documentation, capacity, the Summary Overview reiterates individual and group interviews with key an earlier introductory comment to the informants drawn from across the spectrum effect that the sub-sectors are inexorably of stakeholder interests. Interviews were linked one to the other and are best conducted with a total of 299 informants: understood in the context of the interactive individual citizens, civil society groups, complexities of the entire Sector. The junior, mid-ranking and senior officials at Sector institutions are burdened with the central and district level, representatives consequences of patronage, corruption and of statutory bodies, parliamentarians, political interference. All are to a greater representatives of international or lesser degree under-resourced, lacking organisations and NGOs. in professional capacity and are facing an An assessment report III uncertain future with respect to pending Beyond the bilateral arrangements constitutional reforms. that donors might have with Government counterparts, efforts should be made to Poverty, unemployment, rapidly rising engage as a representative group with inter- inflation, corruption and discrimination ministerial coordinating arrangements have fuelled the divisions among citizens in the form of the Government of Nepal’s and undermined their confidence in the Security and Justice Committees. Since Security, Justice and Rule of Law Sector. the donors already have a donor-to-donor mechanism in the Utstein Group the formation of a Sector sub-group for donor While there are numerous national reform coordination and dialogue with Government efforts in respect of the Sector, many should be relatively straightforward. supported by donors, there is no overarching Sector strategy. This lack of direction and the implications of the constitutional transition With regard to securing short-, medium- towards a federal form of government and long-term impact, this report firstly in Nepal add to the already abundant recommends that donors enter into a uncertainties confronting the Sector. strategic partnership that provides a jointly funded, jointly managed “umbrella” programme which systematically addresses Although the current scenario is overall all priorities within a single programme bleak, there are undoubtedly committed framework. and honourable officials at all levels through whose efforts and tenacity progress, albeit limited and halting, is being made in some This initiative, alongside measures towards key areas. While the Supreme Court is at more effective international community the forefront in driving change, there are coordination and a greater sense of other positive dynamics at play in the Nepal partnership with government,