About the author Rajan Bhattarai is a chair person of the Nepal Institute for Policy Studies (NIPS), and a PhD candidate at the School of International Studies at the Jawaharlal Nehru University in New Delhi. He was a secretary of the Department of International Relations, CPN (UML) from 1996 to 2006 where he has actively involved in formulation of foreign policy and maintaining foreign relations of one of the largest parties in Nepal. He was also a member of a editorial board of New Era the official English language magazine of the party. In 2005, he published a book entitled Geopolitics of Nepal and International Response to Conflict Transformation. He contributes regularly to newspapers, journals and magazines in Nepal and abroad. He has a Masters in International Studies and General Diplomatic Practices from the School of Oriental and African Studies, London. Mr. Bhattarai has been actively involved in the pro- democratic struggles in Nepal and abroad since late 1980s and early 1990s. He has worked as a Co- Secretary of the Asian Students Association (ASA) a regional network of students and youth in the Asia Pacific region - from 1993 to 1996 based in Hong Kong. During his stay in Hong Kong, he had actively involved in democratic and national liberation movements of East Timor, Palestine, Burma, Thailand, Indonesia, Bhutan, Philippines, Malaysia, South Korea, Pakistan, Bangladesh etc. About t Rajan for Pol Schoo Nehru of the (UML) involv mainta parties About the author board magaz Rosy joined Saferworld in 2007 as Head of the Asia entitle programme. She leads Saferworld's work on conflict, Respon community safety, security and arms in Bangladesh, regula Nepal and Sri Lanka. Nepal Studie She has experience of working on security issues Schoo including on disarmament such as small arms, mine action, cluster munitions and explosive remnants of Mr. Bh war, having previously worked as project manager at democ the United Nations Institute for Disarmament Research 1980s (UNIDIR) and at Landmine Action, including as Secret Acting Deputy Director. She was also part of the a regio International Campaign to Ban Landmines and the Pacific Cluster Munition Coalition. Kong. involv Rosy has an MSc in Latin American Politics and a movem BSc in Social Anthropology. She has experience in Indon giving media interviews to radio and television. Korea, Introduction 1 Changing Security Dynamics in Nepal A collection of essays Edited by Rajan Bhattarai Rosy Cave Changing Security Dynamics in Nepal A collection of essays Published by Nepal Institute for Policy Studies (NIPS) 90, Mahadevsthan Marg, Baneshwor, KMC – 10, P.O.Box: 14352, Kathmandu, Nepal Tel: 977 – 1- 4484873 E-mail: [email protected] Web site: www.nipsnepal.org Saferworld 28 Charles Square, London N1 6HT, UK Cover Design & Layout by M'sMouse Putalisadak, Kathmandu ISBN: 978-9937-2-1305-9 Editors’ note This collection of essays was written exclusively by Nepali experts and reflects their personal opinions on security issues in Nepal. While the Nepal Institute for Policy Studies and Saferworld has been actively involved in supporting, editing and translating this publication, they have not sought to change or influence the arguments contained within the text. It should be noted that the views expressed by the authors do not necessarily reflect the position of the Nepal Institute for Policy Studies or Saferworld. Acknowledgements This book is an attempt to fill a gap in contemporary security literature available in Nepal and about the Nepali context. It represents a collaboration of national and international friends to whom we are grateful. Our special thanks go to Geja Sharma Wagle from Nepal Institute for Policy Studies and Subindra Bogati from Saferworld. Without their generous help and cooperation, it would have been impossible to get this book published. We also wish to thank Kul Chandra Gautam, Prof. Dhruba Kumar, Deepak Bhatt, Shobakar Budhathoki, Brig Gen (Ret.) Keshar Bahadur Bhandari and C. D. Bhatta for their contributions, suggestions and help on various issues related to this book. We cannot forget to thank Duncan Hiscock, Rita Khatiwada and Simon Rynn from Saferworld for their help. Thanks also to M’s Mouse for the design and layout of the book, particularly friends Mahendra and Kiran. The book, which is part of a wider security policy dialogue initiative, was made possible by the generous support of the Swedish International Development Cooperation Agency (SIDA). Contents Introduction 1 The Concept of Human Security and Changing Security Dynamics in Nepal 13 Rajan Bhattarai Mainstreaming the Security Sector Reform Agenda in Nepal 39 Shobhakar Budhathoki National Security Policy and Role of National Security Council 67 Geja Sharma Wagle The Rehabilitation and Integration of Maoist Combatants as Part of Nepal’s Security Sector Reform 95 Kul Chandra Gautam Public Security Challenges and the Effective Mobilisation of Law-Enforcement Agencies 113 Deepak Prakash Bhatt Democratic Control of Security Forces 135 Prof. Dhruba Kumar Security Sector Reform and the Role of Oversight Agencies: Parliament, Civil Society and Media 161 Chandra D. Bhatta The Role of the International Community in Security Sector Reform in Nepal 189 Brig Gen (Ret.) Keshar Bahadur Bhandari Introduction 1 Introduction Rajan Bhattarai and Rosy Cave his is a crucial period for Nepal. The future of the coun- try depends on building a peaceful, more democratic state Tthat can overcome the wounds of the recent conflict and provide a safe and stable environment for economic and social de- velopment. It is widely acknowledged that a basic level of security is a prerequisite for sustainable development and this is especially true in post-conflict situations. The conflict has not only weakened the capacity of the state to maintain security; it has also exposed deep divisions in society about the role and functions of key secu- rity sector institutions such as the army and the police. Further- more, the transition from autocracy to democracy also envisages a fundamental change in the way in which security sector institu- tions operate, so that they protect democracy within the state and behave democratically themselves. All of this makes reform of the security sector essential. 2 Changing Security Dynamics in Nepal However, even if many people both within Nepal and beyond its borders would agree that reform is necessary, there is little consen- sus about what needs to be done, or how. Terms such as ‘security sector reform’ (SSR), ‘integration’, ‘reintegration’ and ‘democratic oversight’ have become frequently heard in recent months. Yet there is considerable confusion about what these terms actually mean, or how they should be interpreted in the Nepali context. Meanwhile some reforms that everyone agrees are necessary are currently stalling due to disagreements over the details of what should happen and how. This is particularly the case with the de- mobilisation and integration of Maoist combatants into the Nepal Army, as foreseen by the Comprehensive Peace Agreement (CPA). This publication from the Nepal Institute for Policy Studies, sup- ported by international non-governmental organisation Saferworld, is a timely contribution to the debate about SSR in Nepal.1 It brings together eight papers by respected Nepali security analysts and it has three main purposes. Firstly, it explains the philosophies, prin- ciples, and activities that lie behind the concept of ‘security sec- tor reform’ as it is practised internationally. Secondly, the authors translate these international theories of SSR into a national con- text, explaining what SSR means – or could mean – for Nepal and what implications this has for national reform priorities. Thirdly, it looks more precisely at some of the key security challenges facing Nepal and explores the potential of SSR programmes to address them. As several of the authors note, the concept of security sector re- form has become increasingly important over the last 10-15 years at the international level. Although there is no universal defini- tion of SSR, the term has come to be associated with a distinct set of reforms that seek to make security sector institutions more democratic and grounded in the rule of law, while at the same time strengthening their capacity and improving their effectiveness. 1 This publication is part of a joint NIPS Saferworld initiative to promote an inclu- sive national security sector reform dialogue series. Introduction 3 SSR also insists that the reform of different security institutions should be linked together, emphasising that it is a security sector (or system) which depends on the interactions of various different agencies. The growth of SSR both as a concept and as a body of practice has its roots in two key processes. Firstly, there has been a rapid shift in how ‘security’ is understood in recent years. During the Cold War, security was still thought of overwhelmingly in traditional terms of ‘national security’, with states seen as the main actors in the global game of chess between two superpowers. With the end of the Cold War, the old certainties of this bipolar system col- lapsed. On the one hand, for much of the world inter-state rivalries were no longer as threatening as they had been. On the other hand, a variety of new security problems emerged. Conflicts within states became much more frequent than conflicts between states. Organised crime spread its tentacles ever wider. Environmental in- security was increasingly recognised as a major threat to stability in many countries. At the same time, a wave of democratisation swept several parts of the globe, one effect of which was to empha- sise the position of individual citizens in the security system: look- ing only at the security of the state was seen to be inadequate – in a democratic state, security must be human-centred. This change in how security is perceived, as discussed in detail in this publica- tion by Rajan Bhattarai, Geja Wagle and Deepak Prakash Bhatt, was central to the emergence of SSR as a concept.