National 1 (Spotlight Weekly)

Misunderstood Concept

The concept of the unified command lands into controversy in absence of informed debate

By A CORRESSPONDENT

Although the policy of unified command was announced by the prime minister Surya Bahadur Thapa, nominated but a civilian prime minister, within the purview of existing constitution and laws, political leaders were quick to trash it and term it as a part of militarization.

Police personnnel : Under unified command

Since the Constitution of the Kingdom of Nepal 1990 is functioning and the prime minister has been appointed under it as the chief executive, it is he who has to announce the program of unified command and it is his own responsibility to implement it.

If the unified command means effective mobilization of all three branches of security forces under the civilian control, what prompted political leaders including the Congress leader and former prime minister Girija Prasad Koirala to speak against it terming it as nothing but brazen militarization?

“The announcement by the prime minister Surya Bahadur Thapa shows that the country is heading towards militarization ,” said CPN-UML general secretary Madhav Kumar Nepal, who recently returned from India after attending the convention of the Communist Party of India.

Many see the outbursts by the leaders as nothing but the result of ignorance. “This is not militarization but simply a unified security mobilization process under civilian authority,“ said Minister of Information and Communication and spokesman of the government Kamal Thapa. “Our leaders misunderstood the concept of unified command.”

Even the Royal Nepalese Army (RNA) had to clarify its stand. “The unified command does not mean militarization. This is only a tool to make the optimum use of available resources. For instance, by forging coordination and unified command, the resources of the RNA, the Armed Police Force and the Nepal Police can be better utilized to deal with the security situation,” said Colonel Deepak Gurung, spokesperson of the RNA. “Besides, the unified command takes effect only in operation in the field. All other organs of the state function normally.”

Unified command is not a new concept in the insurgency prone countries. Whenever government realizes the need for a consolidated strength to carry out effective operation strategy, all security forces are brought under the unified command. Nepal has three layers of security forces - the police, armed police (para-military) and army and national intelligence. In the last four years, all these security forces have prepared their own operation strategy.

“The concept of unified command is simple as it denotes coordination among all security forces in implementing operation strategy,” said the spokesman of Royal Nepalese Army.

What is the nature of such command is determined by those who control the reign of such unified command? As the civilian prime minister announced it under the existing constitution and laws, it will be under the control of civilian

When the country’s security forces are facing crisis in coordination, the government has announced the unified command to bring all security forces together to fight the war against the Maoist insurgency.

In the last seven years, the security forces remained ineffective to curb the Maoist insurgency thanks to the lack of coordination among them.

The mobilization of security forces under the unified command does not tantamount to imposing Marshal law. In other parts of the world including our neighboring India, Sri Lanka, the United Kingdom and the United States, the security forces are mobilized under the unified command. During the second world war, the British and American security forces were under unified command but it was under the leadership of Churchill in the United Kingdom and Roosevelt in the United States.

In India, army is often mobilized under the civilian command to support other security apparatus. In Sri Lanka, this type of unified command has been frequently used to make the operation effective.

Since Nepal, too, has constitution and laws to guide the course, unified command will also proceed under the constitution. According to the article 118 (2) of the Constitution, His Majesty shall operate and use Royal Nepal Army on the recommendation of National Defense Council, consisting of prime minister, defense minister and the commander-in-chief. The establishment and management of the Royal Nepal Army, and other matters relating thereto shall be as determined by law, the constitution further states.

Under this constitutional provision, the army is totally under the control of executive through the prime minister. Royal Nepal Army Act defines the role and scope of army operation. The article 35(2) of the Constitution clearly states that except as otherwise expressly provided as to be exercised by His Majesty or at His discretion or on the recommendation of any institution or official, the powers of His Majesty under this Constitution shall be exercised upon the recommendation and advice, and with the consent of the Council of ministers. Such recommendation, advice and consent shall be submitted through the Prime Minister.

As such, the bevy of disparaging remarks about the unified command seems, at best, to be coming from those who have not yet fully understood the concept.