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NATIONAL SECURITY |
Unwanted Debate The experiences of the past five years have shown that it is not because of the lack of sophisticated weapons that Maoists are overwhelming the police but it is the lack of definite strategy and intelligence backing. The recent incidents at Dunai and Bhorletar have exposed the weaknesses of the administrators forcing home minister and police chief to step down. Strangely, instead of addressing their weaknesses, steps are afoot to drag the Royal Nepal Army - country's oldest and strongest institution - to controversy By KESHAB POUDEL The Dunai incident - the headquarter of north-western Dolpa district of Nepal bordering Tibet - (on September 25, 2000) has exposed how country's administration and police system work. Although tipped-off of a possible Maoist attack a couple of days before, Chief District Officer (CDO) Parshu Ram Aryal neither informed the nearby army camp for preparation nor called the meeting of the district level Security Committee. Aryal let his policemen stay in the vulnerable areas of low land at the bank of Bheri river when the rebels overwhelmed them killing 14 and injuring dozens in an overnight attack. The incident also revealed that district police chief had not taken any precautionary steps to prevent the rebels from reducing the district government offices into a heap of rubble. It is very strange that the police and intelligence officials could not foresee the attack as hundreds of rebels had come from bordering districts to raid the hedquarters which has the population of mere 1800. In the aftermath of the Dunai incident, hectic steps were taken to cover-up the weaknesses of the home administration. An accusing finger was pointed at the Royal Nepalese army, thus giving rise to an unnecessary debate regarding the role of the army. Experts say there is ample room in the clauses of the Local Administration Act 2028 B.S (see box) to use army to restore law and order at local level without having to debate it at the central level. Interestingly, no CDO had asked for army's cooperation till Dunai and Bhorletar incidents, according to records at the Home Ministry. Suddenly, the army's role grabbed the headlines of the news papers through the statements of former home minister, chief district officer and injured policemen following the incident of Dunai and the one in Bhorletar, Lamjung two days later where 8 policemen were killed during Maoist raid. After the Dunai incident the role of army has been criticized by some quarters. But army officials see it as unwarranted. "Army has been unnecessarily criticised to cover up the failure of local administration and police," said a senior army official on condition of anonymity. "Army cannot pull the trigger of the gun randomly, it has to follow certain process. Army is loyal to the popularly elected government as it runs with the tax-payers' money." From army's loyalty to its control mechanism and capability, different questions were raised in the public. By handing over the Defence portfolio to Finance Minister Mahesh Acharya, Prime Minister Girija Prasad Koirala gave a strong signal that he was committed to restore law and order by mobilizing all security organs in the country. "If there is a need to provide security to people's life and property, the army would come in. The army cannot remain passive when the situation in the country needs them," said Defense Minister Acharya. Dunai : Foreshocks and Aftershocks Dunai incident showed the failure of internal security arrangement in the district and lapse of Chief District Officer (CDO) regarding the security matters. When the CDO had information about possible Maoist attack four days before the incident occurred, why didn't he ask for the support from other agencies is in itself a very mysterious question. For former Home Minister Govinda Raj Joshi, Police Chief Achyut Krishna Kharel and Home Secretary Padma Prasad Pokharel the incident proved costly. While the former two were immediately axed, the home secretary is likely to be transferred to the Health Ministry. The existing debate indicates how ill-informed our leadership are about the role of army in the nation's security. Even in the Dunai incident, there is no record of local administrator calling for RNA support. Three-week-long controversy on security lapses generated after Maoist attack on Dunai is yet to die down though three member high-level committee chaired by former chief secretary Madhusudhan Prasad Gorkhali has already submitted its report. Dunai was the first of such incidents in five-year-old Maoist insurgency when three top powerful and experienced officials including Home Minister were replaced and new full time Defense Minister was appointed. In the last ten years long history of parliamentary polity, fiance minister Mahesh Acharya has bagged the independent defence portfolio after UML leader Madhav Kumar Nepal and Rastriya Prajatantra Party leader Fatteha Singh Tharu. Top police officers of the mid-western region were transferred including the chief district officer of Dolpa district in the aftermath of the Dunai incident. Although the government is yet to release the report submitted by the Gorkhali committee, it has already changed the guards at Nepal Police by appointing Pradip SJB Rana as the acting police chief. The government and political leaders have ignored Royal Nepal Army for decades. This is for the first time, the government seems to have realized the importance of army. Though their own mistakes were responsible for their removal, eviction of experienced persons like Joshi and Kharel could be costly for the home administration which has been fighting the insurgency. Untrained Police Despite the high casualty in the police force (more than 231 policemen have died during Maoist attacks), the fire power and weapons of police is comparatively better than that of the rebels. If police are properly trained, they could have an upper-hand in the combat. The use of IED (Improvised Explosive Devices like socket-bomb, pipe bomb, pressure cooker bomb) by Maoists has increased the police casualty but the latter is yet to adopt strategies to minimize the effects of such explosives. "If police had well-planned strategy, their 303 gun could have been enough to keep the insurgents at bay. Insurgents have to come closer in order to use their explosives," said retired Major General Raghuchandra Bahadur Singh (Jana Bhawana, weekly October 2, 2000). Withdrawal of Police Stations The withdrawal of police stations from the remote parts of the insurgency-hit districts, too, made the situation worse. Last year, Congress government led by K. P. Bhattarai removed 94 of police stations and area police posts from Rukum, Rolpa, Jajarkot, Salyan, Gorkha, Dolpa, Accham, Lalitpur, Sindhuli, Sindhupalchowk and Kavrepalanchowk districts. To protect the core area (areas of interest), there needs to have a strong peripheral influence. Larger the areas of peripheral influence, safer the core region. In most of the areas, police have been victimized due to shrinking areas of their influence --a direct result of the removal of the posts from outlying parts, said security analysts. Police have also not been able to systemize their areas of operation. This is the reason they have been unable to contain the insurgency. By removing the police stations at the peripheries, police security is now confined to district headquarters only. Government's law and order policy is also contradictory. At a time when the government is keen to provide security to all its citizens, it is withdrawing police stations from the Maoist affected areas. In Sindhupalchowk district alone, the government closed down 10 police stations in the last one year. According to Kantipur daily, altogether 10 police stations in the remote areas of the district were removed. "How can the police fight with the rebels when their areas of operation is so weak. Police do not need extra modern weapons. What they need is proper training and strategy," said retired Major General Singh. Of course, army could be an aid to the civilian authority at the time of crisis. Royal Nepal Army has nationwide network and it has been protecting the national property for long. Before mobilizing the army to counter insurgent activities, adequate studies must be done about the nexus and links of terrorists, say strategic analysts. As western sectors of the country are strategically feasible to launch the hit and run insurgency, the plan should be formulated before taking any operations there. Even during the Khampa's revolt in the seventies, western sectors like Mustang and Dolpa were used to start the `hit and run' offensive by the Khampas against Chinese force across the border. Pros and Cons of Army Mobilization As there is no apparent political consensus among major political parties regarding the use of army, it will be futile for the government to mobilize the army on its own. Army has always been used to maintain law and order only when the situation goes beyond the control of police. "If the government makes the decision for the mobilization of army, that would be unfortunate for the nation, democracy and government," said Madhav Kumar Nepal, General Secretary of UML, talking to the press early this week. "Since it is a political problem, it must be settled through political means." Nine leftist parties and Rastriya Prajatantra Party (RPP), too, have said they are against the use of army. "The government is making a blunder by deciding to mobilize the army against Maoists. The move is very serious," said the statement issued by CPN-Masal, an ultra-leftist party. Not only the leftists, the liberal parties like RPP and Nepal Sadbhavana Party have said that dialogue is a better option than the mobilization of army. "Since this is a political problem, it should be settled politically," said RPP leader Pashupati SJB Rana. If the statements of leaders of country's major political parties are any indications, mobilization of Royal Nepalese Army to quell the Maoist insurgency is an issue that is rife with differences. While most of the opposition leaders are pushing dialogue as the best available option, Congress leaders including Prime Minister Girija Prasad Koirala believe that mobilization of army is necessary to quell the rebellion. Analysts say that mobilizing the army before reaching into a political consensus could prove fatal. "Use of army is a very serious matter. There should be consensus among major political entities before releasing the army from their barracks," said an analyst. In other South Asian countries, there can be seen a political consensus on the mobilization of the army. In India and Sri Lanka, all political leaders have supported army's efforts in tackling insurgency. Even former army generals do not see this a proper time to mobilize the army. "One must seriously analyze whether time has come or not to mobilize the army just after a small attack by Maoist rebels in Dunai," said retired Major General Singh. Some even question the loyalty of the army. "As the Constitution of Nepal clearly lays all executive power on the Prime Minister, it is upon him to order the mobilization of army," said advocate and former Brigadier general Dipta Prakash Shaha. Others do agree. "Army should be used to restore law and order. But in the war against insurgency, the army has to fight in all fronts. If political backing is not there, army's operation may be a futile exercise," said one of the defence officials of a South Asian diplomatic mission based in Kathmandu embassy. Whatever the possible outcome may be, leaders of ruling party seem to be in a mood to mobilize the army to quell the insurgency. History Of Past Insurgencies : In its five-decade-long modern history, Nepal has faced series of insurgency problems but none of them lasted for more than a few years. Nepali Congress had launched the nation wide armed struggle against the Panchayat system twice from 2017 BS till 2018 and from 2023 BS till 2033 BS. In 2028 B.S, CPN-ML initiated Naxalite movement in Jhapa. In 2042 B. S., Ramraja Prasad Singh launched an armed struggle against Panchayat system which lasted for five years. Interestingly, all insurgencies originated and were conducted from across the southern border. In the past, Congress workers also had made attempts to attack barracks in Timburbote and declared Okhaldhunga as independent but army arrested Captain Yagya Bahadur Thapa along with more than half a dozen Congress workers in 1976 AD (2029 BS). Thapa was later executed along with Ram Narayan Shrestha, an NC worker. Conflicting News Of Army March Although unofficial reports are coming in on the massive mobilization of army in the Maoist-affected areas, the government has not opened its mouth on the subject. If pieces of news based on the "sources" supplied by leading daily newspapers are true, it seems that the insurgency-hit areas are under the control of army. The identification of sources is yet to be ascertained. The news reports quoting unidentified sources are not only mysterious they have also put the general public into confusion. After the Dunai and Bhorletar incidents, leading daily newspapers were flooded with the news related to the army mobilization. Mysteriously, the government, too, is keeping mum on the issue. That is why people have to rely on mysterious sources. Legal Provisions: Existing laws allow local authorities to mobilize army to maintain law and order by fulfilling certain procedures. The Constitution of the Kingdom of Nepal, 1990, too, has mentioned the way of army mobilization clearly (see box 1). In the past, local authorities had often sought support of the army to restore the law and order at times of insurgency. "I don't understand why the person of Prime Minister's stature is making such a hue and cry regarding the army in a situation when his own CDO can deploy them," said Shaha. "It's unfortunate to see that a section of politicians and some other elements are trying to drag the 300-year-old institution into controversy." According to the existing law, chief district officer can use the army at times of major disturbances. "Why should government call army like in an emergency situation without experimenting this option?" asked Singh. Local Administration Act 1971 clearly spells out conditions for the deployment of a army and its role in the area of maintaining law and order (see box 2). In the nearly five year old history of Maoist rebellion, there were no written record of local administrator asking the help of army unit deployed in the districts. Even after the removal of three top brasses of Home Ministry and appointment of new defence minister, one cannot see the possibility of rebellion ending anytime soon. History of Armed Revolt in Nepal 2003-2007 (BS) by Nepali Congress against
Rana The article 118 of the Constitution of the Kingdom of Nepal spells out the provisions regarding the Royal Nepal Army. According to the article 118 (1) of the Constitution of the Kingdom of Nepal, 1990, there shall be a National Defence Council of Nepal consisting of following as Chairman and members:- a) the Prime Minister - Chairman (2) His Majesty shall operate and use the Royal Nepal Army on the recommendation of the National Defence Council. 3) The establishment and management of the Royal Nepal Army, and other matters relating there to shall be as determined by law. What Local Administration Act says: According to the clause 5 (a) of the Local Administration Act 1971, the duty of chief district officer is to maintain law and order and security in the district. To achieve this objective, he can seek support from different district offices including the army. Clause 6 (2) If a chief district officer perceives that the police alone cannot contain the possible violence or continuation of serious violence, he can ask the help of the local army unit or nearby army unit. The CDO has to inform the decision to the Home Ministry within 24 hours. Clause 7 With an aim to maintain law and order and security, each district committee has Security Committee with following chairman and members. a) Chief district officer - Chairman Clause 8 The chief district officer should invite local army chief in District Security Committee. Clause 9 CDO can also invite chiefs of other district offices as per necessity. Clause 10 CDO can call the meeting of above committee as per need of the district. Joshi's Downfall After the Dunai incident, three key figures of the Home Ministry had to face the music as he had to resign. Former homer minister Govinda Raj Joshi was one of the major losers. While some said former minister Joshi's remarks against army as brave, others called it mere foolishness on his part. A lawyer from Tanahu district, the hotbed of Nepali Congress, Joshi has tough time ahead in his political career. Known as a man with strong personality, Joshi has shown the capacity to give leadership to the institutions he headed. Joshi did not hesitate to take decisions. Whichever ministry he headed, Joshi has left the impression that he means business. During the time of coalition government, he was one of the strong members of Congress and formed the alliance with Khum Bahadur Khadka and Bijaya Kumar Gachhadar which later came to be known as the KGB group. In Tanahu district, Joshi has many strong competitors including deputy Prime Minister Ram Chandra Poudel, Ram Chandra Pokharel, Dhruba Wagle and former general secretary of Nepali Congress Shree Bhadra Sharma. His resignation may have boosted the morale of his rivals. His well wishers see his remarks (against army) as a political suicide. There is a view point that Joshi was out-manoeuvred by some of his close colleagues that influenced his mind to commit the "political suicide" by issuing a statement against the RNA. The person who was determined to eliminate insurgency was himself eliminated from the power by his own statement. Joshi's statement helped neither him nor the army. What is left in Joshi's mind perhaps is the utter regret. The former Home minister was trapped by his own hasty statement. His statement against the army will always pose problems for any Prime Minister before giving him a berth in the cabinet. The PM will have to think twice before appointing him in the days to come. Joshi has also been accused as one of the most corrupt MPs in the party and his ability to influence workers was also very significant. A rope thrown by former home minister Govinda Raj Joshi to drag Royal Nepalese Army has returned back to gag himself. In a major shake-up following Joshi's allegations that the army did not come to the rescue in Dolpa, Koirala axed him and gave the portfolio to the more moderate and his arch-rival Congressman Ram Chandra Poudel, who is also the Deputy Prime Minister. |
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