Rule by law or Rule of Law
Brig Gen (Ret) Keshar Bahadur Bhandari
These phrases are often used if not very frequently as the terms and norms of Democratic way of doing i.e. while - living, behaving, minding business, dealing with other, being or showing to be civilized, being responsible citizen, exercising freedom, practicing rights and duties, and even running the state and what not? But what about the "Loktantrik" way of doing? It seems this article will have difficulty to encompass all the possible lists of the good..? bad and ugly façade of "Loktantrik" practices of Nepal. "Loktantra" in English is democracy until we find other better substitute of the same.
Democracy means practice of and respect for the rule of law and the individual's lawful right to freedom besides many other democratic rights and duties. The terms the Rule of Law and Rule by Law have the same meaning and objective. In a way, it is the way of behaving and/or way to behave, and when needed - make to behave if not forced to behave or teach to behave. This is applicable to both the ruled and the rulers alike, and the key is to develop a sense of responsibility and establish a system of accountability.
Rule of Law is intimately associated with the self discipline. When the self discipline erodes, the Rule by Law should come into play. A society that have achieved certain level of civilization or civic sense can be ruled democratically through Rule of Law; on the other hand a society needs to be ruled democratically through Rule by Law till such time that the society achieves a certain level of civilized and cultured way of living and doing.
The countries like Singapore, South Korea and Malaysia that have achieved exemplary development in short span of time during late twentieth century were all Rule by Law and that was the key to their miraculous success. They still practice the system of Rule by Law kind of democracy but more in a benevolent way. The democratic practice of Rule of Law found in USA, UK, France and Nordic countries are still a far cry in many countries; and may not even be compatible to the culture, norms and value of the society elsewhere.
In this context, it will be worthwhile to understand the logic of a Ugandan president Museveni about the democracy, as he says - they do not look like American and do not have anything similar to America, so why have democracy only like America. This may equally be applicable to our context as well. So looking at it we might as well choose one of the two ways of democratic practice i.e. Rule of Law and Rule by Law to run our country in days to come; and the system of democracy through Rule by Law should be our preferred choice and only choice at least for a decade. Democracy based on rule by law is nothing but to enforce the practice of rule of law effectively and establish a system of accountable for all kinds of wrong doing; and at the same time this has to be complemented with aggressive awareness campaign to make it a sustainable one.
A single person has made differences and can make difference. Lee Kwon Yu, Park Chung Hi and Mohammed Mahathir are enough to be cited in Asia and there are many examples in other parts of the world. With the vision of Deng Jiao Ping and a firm handedly exercised 'rule by law' established China in present position of global economy and military power. Similarly, under the leadership of Narasimha Rao - the vision and executive drive of Manamohan Singh and Chitambaram changed the fate of India to a fastest growing economy of the world. These are the examples of our immediate neighbors as the proof of how a single person and his team made things different to change the fate of their nation. These examples should encourage us on the same line and look for a person or a team of people to run the country for few decades.
We sure do have such talents and dedicated personalities in our country as well. The only thing is to find them and hopefully the time will bring such charismatic personality to light. It should not just be our wishful thinking rather we should be making ground for it and sooner it comes the better it is.
In the past we had few personalities like King Mahendra and a leader of quality BP Koirala; unfortunately these two did not get along and could not work in tandem for the greater interest of our nation. That was the lost opportunity. In the same period of time we had a wonderful and charismatic civil servant by name Chandra Bahadur Thapa, who became famous for exercising strict time discipline and law enforcer. As the first chief secretary of democratic government after 1950 Rana rule, he went to the extent of closing the main gate of Singh Durbar soon after 10 a.m. and that was popularly talked about then as "Chandra Ghanti". He served as the chief of the police during Rana regime, and then it was widely rumored that Chandra Bahadur will be persecuted by the democratic government; but instead he was awarded a rank of honorary Brigadier General by King Tribhuban for his sincere, unbiased and just duty. Famously known as Chandra Bahadur Jarsab, he was a strict discipline enforcer through 'rule by law' and a terror for those not abiding by the 'rule of law'. He was equally admired by BP Koirala. It is believed that he was the person who initiated the slogan - "Nepal Ko Dhan, Hario Ban"(correct me if not right). Had he not protested as a concerned member of civil society, the "Bhugol Park" of today would have turned long time ago to a municipality building/complex. People like him can always make the difference in trying times.
This is the time the nation is desperately looking for a leadership who can run the country firm handedly exercising the Rule by Law and at the same time maintaining democratic values in conformity with our need and context. A shrewd leader with acumen and determination must come out, may whatever party the person belongs to; he/she will get a great support of all kinds and from all quarters. We have many dedicated and capable person in every walk of life - be it in civil service, business community, technocrats, professionals, media person, civil society, social worker, free lancer, diplomat, and security bodies or the NRN.
Based on proven examples of the world, one does not need many people to run and give direction to a nation; what one needs is a leader of vision and drive along with a few dedicated and competent people who understand the important elements of national power of Nepal and knows how to use it.
Hence, some leader or group of leaders should dare to come out and take charge of the nation with a network to identify the right and trustworthy people to run the country. At this juncture it will be worthwhile to paraphrase the scholar Shiv Khera's saying - "One should not wait things to happen, rather one has to make things happen"; and it is equally true that - we Nepali should not wait for things to happen; rather we should make something better and creative things to happen. It is possible and we can do it.
kesharbh@gmail.com
Published: "News Front weekly", March 08, Monday 2010
Monday, March 8, 2010
Addressing Integration - A New Way Out
Addressing Integration - A New Way Out
Managing the Maoist combatants once for all
Brig Gen (Ret.) Keshar Bahadur Bhandari
The undoubted fact is that without addressing the issue of integration of the Maoist Army Combatants (MACs) the peace process is not going to heed to its pragmatic end. So this has to done soon after the disqualified MACs are released from various cantonments. Over the time several plans are made and many overt and covert exercises are conducted; hence no further painstaking and head cracking exercises. What is required is to put all the wise and workable ideas together and chuck out amicable and workable plans through more of adjustments than compromise to protect the ego of all party concerned. This calls for a pragmatic plan designed to address the key issue of supervision, integration and rehabilitation of MACs in the cantonments with an aim to integrate the MACs in security bodies including the Nepal army (NA) and their ultimate re- integration to the society.
History of Integration in Nepal
Nepal has experience of integrating the freedom fighters in the past. After the democracy was initiated in B.S. 2007 (1950), the revolutionary armed group the "Mukti Sena" that was initially formed as the "Raksha Dal" was reorganized to the "Special Arms Constabulary" during B.S. 2008/09 and remained so till B.S. 2012. Two of its battalions were stationed in Kathmandu- one at Lagankhel barrack, Patan and second at Pulchok- Sri mahal; and some units were outside the valley. The "Special Arms Constabulary" was converted to Nepal Police with the promulgation of the Police Act - 2012. Toran Sumsher became the first Inspector General of Nepal police (but did not serve for long).
In 2017 out of the police force three battalions of Home Guard were created to fight the armed revolutionary group against the government. These Home Guard battalions were subsequently converted to regular infantry battalions by name Barda Bahadur battalion, Singha Nath battalion and Pashupati Prasad battalion. It is interesting to note that all these battalions converted infantry provided three Chiefs to the Nepal Army - Gen. Dharmapal Barsingh Thapa, Gen. Pyar Jung Thapa and Gen. Rookmangad Katwal, who led the army in various period of Maoist so called people's war.
The history reveals that the veterans - the "Mukti Sena" had gone through several stages of transition for over 16 years to be finally integrated in the Nepal Army. They had been given choice whether to remain in police or to join the army. Few senior officers who remained in police became the Chief of Police. Based on their experience those who chose to join the army were awarded the highest rank of Lieutenant Colonel; and Dil Man Singh Thapa was one of the veterans who retired as Brigadier General of Nepal army.
The "Mukti Sena" still maintains their legally registered organization as the "People Liberation Army (PLA)-2007"; led by a retired Superintendent of Police Mr. Tamang as the Chairman of the PLA. Thus, the Maoist PLA is a misnomer and does not exist in any legal sense or in any other agreed form.
Anatomy of MACs
The fact is that the Maoist party had something around 13 to 14 thousand combatants before the Comprehensive Peace Agreement (CPA) was signed. Soon after the CPA the Maoist party increased this number to around 32000 by enrolling their militias while registering in the cantonments. Realizing the need for a strong militant cadre in public; the party took out some 7000 of their hard core combatants from their cantonments before UN verification started, and organized them as the YCL. As a cover up there was a designed rumor of mass desertion from Maoist cantonments. The rumor and the creation of YCL hence could not just be a coincident. The planned distribution of the YCL initially was - 50 YCL to each of the district i.e. 50 *75 =3750, and 3250 YCL to the capital, Kathmandu.
After this some 24000 combatants were left in the cantonments which after UN verification were reduced to 19602 as qualified combatants; 4008 were made disqualified.
In the initial days of the Joint Monitoring and Coordination Committee (JMCC), the Maoist party had lesser degree of demand and more of a request on numbers to be integrated in security bodies. Their unofficial proposal for integration was 4 thousand MACs in various security bodies and preferably in the Nepal Army; which they do not accept now.
Over the time their stands have changed. Nevertheless, it is widely believed that an understanding about the figure between 4 to 6 thousands amongst the top leaders of the leading political parties does exist. The figure 6000 has been quoted by the PM in several forums and some witnessed expression made by several NC and UML leaders about the number between 4 to 6 thousands does substantiate the existence of such understanding.
Supervision of MACs in the Cantonments
The government's plan to establish some sort of set up comprising of civilian officials in each cantonment to supervise and monitor the activities MACs does not seem to be effective and workable. An "Executive Body" lead by a Secretary level officer of the government with adequate support staffs (serving/retired) within the Special Committee (SC) could perhaps be more effective way of supervising and controlling the MACs in cantonments. As per the agreement the Maoist Army must be brought under the SC.
Such an Executive Body may act as the secretariat of the Special Committee bringing the Maoist army under it while the NA functions under the Ministry of Defence.
It may further:
- Establishes additional monitoring/supervision mechanism along with the UNMIN.
- Receive reports from all sources including the UNMIN and monitors, coordinates and supervise the activities of Cantonments.
- Coordinates with the Maoist Army's head office, UNMIN and other agencies; and
- Advises the SC on all matters related to Peace process, and specially regarding the management, integration and rehabilitation of MACs
Integration of MACs into Security Bodies of Nepal
In the initial days of the JMCC, the Maoist party had lesser degree of demand and more of a request for integration of 4 thousand MACs in various security bodies and preferably in the Nepal Army. Over the time their stands have changed. Nevertheless, it is widely believed that no matter what the 'verified number' suggests, top leaders of the leading political parties had been given to accept the existence and settlement of some 4000 to 6000 MACs.
As agreed in different relevant forums, integration of some of the MACs has to take place in security bodies, Nepal Army included. For that, a pragmatic figure through consensus based on logical and rational grounds has to be worked out. One way of exploring integration and their actual number has to be based on the number of combat worthy weapons (as per the international norms/practices) deposited in the cantonments under the UN supervision. This should work out to qualify for some 4 thousands MACs. Similarly, the general agreement among major political parties and their leaders could be another basis.
a. Modus operandi of integration
1. Majority in the Nepal Army: Because of the NA's organizational characteristics, cohesiveness, discipline, moral, size and military law; NA is capable enough to absorb the bulk of MACs; hence majority has to be integrated into NA. Even if the figure is 4 thousand it will form just a little over 4 pc of NA strength, and these numbers cannot and will not influence the NA rather will assimilate within the institution and become one of the responsible members of national army.
This could also be the best choice for the Maoist party to show and prove their compulsive stand for integration into the army as a face saving way-out. This also is likely to leave least room for Maoist party to bargain at the cost of overall peace process. The political parties and other stakeholders need to get over from the phobia of the MACs influencing the NA and taking over NA after integration. This is most unlikely and just cannot happen. If such possibility ever exists even in remotest sense then the very essence of the NA's existence and the kind of mettle the NA is made of could be questioned seriously.
2. Minimum number in other security bodies: The present institutional characteristics, cohesiveness, moral, discipline and the guiding law of respective institution, the Nepal police (NP), Armed Police Force (APF) and Nepal Investigation Department (NID) will have difficulty to control and train the hyperactive MACs under their command. There are more likely chances of MACs influencing these institutions. So, only minimum possible number that too after ample vetting exercise and screening process should be integrated to other security bodies. The MACs could prove wonders after training in duties like traffic police, community police, tourist police, logistics duties, intelligence work, criminal investigation and riot control and alike.
3. Priority for integration: As suggested by Dr. Kulchandra Gautam the priority to be integrated should be given to the women combatants and combatants from marginalized, underrepresented and socially deprived class groups. The women in security bodies have better opportunities to serve in the international peacekeeping mission under the UN principle of gender balance and equal representation.
b. The Standard Norms
The standard norms for integration in various security bodies has become a most debated and contentious issue for the execution of the overall integration process. The clause of AMMA "Properly registered at cantonment sites will be eligible for possible integration into the security forces fulfilling the standard norms" has been interpreted by several stakeholders in their own way to suit their requirements.
The stalemate lies on the rigidity shown by the political parties and NA on the wordings of the above mentioned clause and the conflicting stands the Maoist party has taken regarding the standard norms. So, to give a break to this standoff a device could be suggested as a onetime provision only and that should not establish a precedent for future. Some amicable adjustment in the existing standard norms could be developed so that the adjustments devised do not compromise the basic performance need of the respective security body; at the same time the rectifiable shortcomings of present could be made-up through training in future. This kind of adjustments - not compromise could facilitate to ease the hurdle posed at present by the standard norms in a rigid sense. After all, perfection is most difficult if not impossible to achieve and what can be achieved is a near perfection. So we can think of near to perfection about the standard norms. Even after integration everyone has to undergo a joint and rigorous training in their respective institutions for similar capacity development, assimilation, and smooth out the differences, fraternity development and spirit de corps.
Integrating the MACs in Junior Commission Officers and other ranks will be much easy since the selection can be made from wide and large groups willing to be integrated. Regarding the standard norms in officer ranks some minimum requirements must be met. The logic brought about by the Maoist party in 10 years of their combat experience and subjective terms like dedication toward the nation as the sufficient standard norms does not necessarily meet the requirements to be an officer. As per the standard practice a commissioned officer of NA becomes eligible to become a Major only after 10 years of service that too after passing through obligatory courses. So, if the experience alone is taken as the basis then the maximum rank a MAC can aspire to become is a Major at the highest, and this will not justifiable either.
Hence, granting officer ranks amongst the MACs can be based on their qualification and potentiality for further improvement, age and number of years of service in MA, minimum officers like quality with potential for future career development, and number of combatants that will be integrated. A pragmatic mix of homegrown and the experiences of other countries can be devised as amicable standard norms in our case, and that can be based on the combat experience, qualifications and the numbers of MACs to be integrated i.e. 4 to 5 thousands make a brigade so one Brigadier General plus officers down the line (colonel, Lt colonels, majors, Captains and Lieutenants) could be granted per five thousand MACs that will be integrated.
c. Other security bodies
1. No separate security bodies: The nation has to be very careful about raising some new or separate armed security bodies or paramilitary forces as an easy way out to accommodate the MACs while integrating. Any kind of separate security bodies out of MACs carrying weapon - be it a border security force, industrial security force, forest security & conservation force, highway security force or installation security force is bound to be counterproductive. In other word it will be a kind of initiative to institutionalize the MACs in new cantonments. Hence, this short of endorsement to keep the MACs intact in any of the above forms should be a big NO!
2. Development corps: Instead of raising some separate security bodies a new development corps comprising of MACs and NA personnel could be created. Over the time after proper training, motivation and vetting this corps could be the source pool for candidates willing to join the paramilitary forces, garrison duty and other security providing agencies.
Dealing the contentious issues
There are many contentious issues on numbers, standards, code of conducts, and many others. Political parties, main stakeholders and concerned bodies have been interpreting the words and clauses of various agreements and understandings to suit their own need/interest, thus creating hurdle for consensus. Hence, there has to be an acceptable authority or body made out of acceptable group of people authorized to give the final interpretation or verdict of various words and clauses of the interim constitution, CPA, AAMA and other agreements and understandings whenever required. This cannot be left free for all including the UNMIN and other international agencies to give the interpretation on their own. Hence, either the political parties along with the UN authority should form such authority with consensus; or a body can be created by the Supreme Court; and there could be no better authority than the one designated by Supreme Court.
Conclusion
Integration of the MACs in the security bodies including the NA and rehabilitation of the rest into society is the felt need of time; but the divided opinions had made it difficult. Integration of Maoist Combatants is a must to conclude the peace process. It is also arguable whether it is a realistic choice of Maoist party or not. Regarding the phobic psychology of other political parties, a convincing logic has to be brought to guarantee the least likely danger of influencing the NA by the MACs. At the same time NA need to be convinced and guaranteed of no political interference after the integration; and NA must be ensured for their micro-management by themselves.
After integration takes place the size of NA is likely to increase, but a pragmatic plan of right sizing can bring down the size of national army to the proper size within 5 years.
As of now the combatants are assets to the Maoist party, but before long it will become liability to them if could not be managed well on time. And this is the time. The unproductive expenditure of over five billion rupees each year for maintaining the MACs in the cantonments is indeed a very heavy burden to national exchequer. Hence, sooner the integration takes place the better it is for the nation and all concerned. So, it is mandatory now to find an acceptable and amicable way-out that does not affect party's stands at the same time allows the Maoist party to maintain their prestige. At this juncture, to facilitate the stalemate and develop confidence amongst the stakeholders effective informal initiatives are hence called for. An aggressive track -II and Track-III initiatives for bridging the gaps are the need of time. The nation cannot afford to prolong this problem any further; hence, Shiva Khera's saying is worth noting here - we cannot wait things to happen but we have to make things happen, and we can do it.
kesharbh@gmail.com
Published: Addressing Integration - A New Way Out - "News Front weekly", Monday, 18 January 2010
Managing the Maoist combatants once for all
Brig Gen (Ret.) Keshar Bahadur Bhandari
The undoubted fact is that without addressing the issue of integration of the Maoist Army Combatants (MACs) the peace process is not going to heed to its pragmatic end. So this has to done soon after the disqualified MACs are released from various cantonments. Over the time several plans are made and many overt and covert exercises are conducted; hence no further painstaking and head cracking exercises. What is required is to put all the wise and workable ideas together and chuck out amicable and workable plans through more of adjustments than compromise to protect the ego of all party concerned. This calls for a pragmatic plan designed to address the key issue of supervision, integration and rehabilitation of MACs in the cantonments with an aim to integrate the MACs in security bodies including the Nepal army (NA) and their ultimate re- integration to the society.
History of Integration in Nepal
Nepal has experience of integrating the freedom fighters in the past. After the democracy was initiated in B.S. 2007 (1950), the revolutionary armed group the "Mukti Sena" that was initially formed as the "Raksha Dal" was reorganized to the "Special Arms Constabulary" during B.S. 2008/09 and remained so till B.S. 2012. Two of its battalions were stationed in Kathmandu- one at Lagankhel barrack, Patan and second at Pulchok- Sri mahal; and some units were outside the valley. The "Special Arms Constabulary" was converted to Nepal Police with the promulgation of the Police Act - 2012. Toran Sumsher became the first Inspector General of Nepal police (but did not serve for long).
In 2017 out of the police force three battalions of Home Guard were created to fight the armed revolutionary group against the government. These Home Guard battalions were subsequently converted to regular infantry battalions by name Barda Bahadur battalion, Singha Nath battalion and Pashupati Prasad battalion. It is interesting to note that all these battalions converted infantry provided three Chiefs to the Nepal Army - Gen. Dharmapal Barsingh Thapa, Gen. Pyar Jung Thapa and Gen. Rookmangad Katwal, who led the army in various period of Maoist so called people's war.
The history reveals that the veterans - the "Mukti Sena" had gone through several stages of transition for over 16 years to be finally integrated in the Nepal Army. They had been given choice whether to remain in police or to join the army. Few senior officers who remained in police became the Chief of Police. Based on their experience those who chose to join the army were awarded the highest rank of Lieutenant Colonel; and Dil Man Singh Thapa was one of the veterans who retired as Brigadier General of Nepal army.
The "Mukti Sena" still maintains their legally registered organization as the "People Liberation Army (PLA)-2007"; led by a retired Superintendent of Police Mr. Tamang as the Chairman of the PLA. Thus, the Maoist PLA is a misnomer and does not exist in any legal sense or in any other agreed form.
Anatomy of MACs
The fact is that the Maoist party had something around 13 to 14 thousand combatants before the Comprehensive Peace Agreement (CPA) was signed. Soon after the CPA the Maoist party increased this number to around 32000 by enrolling their militias while registering in the cantonments. Realizing the need for a strong militant cadre in public; the party took out some 7000 of their hard core combatants from their cantonments before UN verification started, and organized them as the YCL. As a cover up there was a designed rumor of mass desertion from Maoist cantonments. The rumor and the creation of YCL hence could not just be a coincident. The planned distribution of the YCL initially was - 50 YCL to each of the district i.e. 50 *75 =3750, and 3250 YCL to the capital, Kathmandu.
After this some 24000 combatants were left in the cantonments which after UN verification were reduced to 19602 as qualified combatants; 4008 were made disqualified.
In the initial days of the Joint Monitoring and Coordination Committee (JMCC), the Maoist party had lesser degree of demand and more of a request on numbers to be integrated in security bodies. Their unofficial proposal for integration was 4 thousand MACs in various security bodies and preferably in the Nepal Army; which they do not accept now.
Over the time their stands have changed. Nevertheless, it is widely believed that an understanding about the figure between 4 to 6 thousands amongst the top leaders of the leading political parties does exist. The figure 6000 has been quoted by the PM in several forums and some witnessed expression made by several NC and UML leaders about the number between 4 to 6 thousands does substantiate the existence of such understanding.
Supervision of MACs in the Cantonments
The government's plan to establish some sort of set up comprising of civilian officials in each cantonment to supervise and monitor the activities MACs does not seem to be effective and workable. An "Executive Body" lead by a Secretary level officer of the government with adequate support staffs (serving/retired) within the Special Committee (SC) could perhaps be more effective way of supervising and controlling the MACs in cantonments. As per the agreement the Maoist Army must be brought under the SC.
Such an Executive Body may act as the secretariat of the Special Committee bringing the Maoist army under it while the NA functions under the Ministry of Defence.
It may further:
- Establishes additional monitoring/supervision mechanism along with the UNMIN.
- Receive reports from all sources including the UNMIN and monitors, coordinates and supervise the activities of Cantonments.
- Coordinates with the Maoist Army's head office, UNMIN and other agencies; and
- Advises the SC on all matters related to Peace process, and specially regarding the management, integration and rehabilitation of MACs
Integration of MACs into Security Bodies of Nepal
In the initial days of the JMCC, the Maoist party had lesser degree of demand and more of a request for integration of 4 thousand MACs in various security bodies and preferably in the Nepal Army. Over the time their stands have changed. Nevertheless, it is widely believed that no matter what the 'verified number' suggests, top leaders of the leading political parties had been given to accept the existence and settlement of some 4000 to 6000 MACs.
As agreed in different relevant forums, integration of some of the MACs has to take place in security bodies, Nepal Army included. For that, a pragmatic figure through consensus based on logical and rational grounds has to be worked out. One way of exploring integration and their actual number has to be based on the number of combat worthy weapons (as per the international norms/practices) deposited in the cantonments under the UN supervision. This should work out to qualify for some 4 thousands MACs. Similarly, the general agreement among major political parties and their leaders could be another basis.
a. Modus operandi of integration
1. Majority in the Nepal Army: Because of the NA's organizational characteristics, cohesiveness, discipline, moral, size and military law; NA is capable enough to absorb the bulk of MACs; hence majority has to be integrated into NA. Even if the figure is 4 thousand it will form just a little over 4 pc of NA strength, and these numbers cannot and will not influence the NA rather will assimilate within the institution and become one of the responsible members of national army.
This could also be the best choice for the Maoist party to show and prove their compulsive stand for integration into the army as a face saving way-out. This also is likely to leave least room for Maoist party to bargain at the cost of overall peace process. The political parties and other stakeholders need to get over from the phobia of the MACs influencing the NA and taking over NA after integration. This is most unlikely and just cannot happen. If such possibility ever exists even in remotest sense then the very essence of the NA's existence and the kind of mettle the NA is made of could be questioned seriously.
2. Minimum number in other security bodies: The present institutional characteristics, cohesiveness, moral, discipline and the guiding law of respective institution, the Nepal police (NP), Armed Police Force (APF) and Nepal Investigation Department (NID) will have difficulty to control and train the hyperactive MACs under their command. There are more likely chances of MACs influencing these institutions. So, only minimum possible number that too after ample vetting exercise and screening process should be integrated to other security bodies. The MACs could prove wonders after training in duties like traffic police, community police, tourist police, logistics duties, intelligence work, criminal investigation and riot control and alike.
3. Priority for integration: As suggested by Dr. Kulchandra Gautam the priority to be integrated should be given to the women combatants and combatants from marginalized, underrepresented and socially deprived class groups. The women in security bodies have better opportunities to serve in the international peacekeeping mission under the UN principle of gender balance and equal representation.
b. The Standard Norms
The standard norms for integration in various security bodies has become a most debated and contentious issue for the execution of the overall integration process. The clause of AMMA "Properly registered at cantonment sites will be eligible for possible integration into the security forces fulfilling the standard norms" has been interpreted by several stakeholders in their own way to suit their requirements.
The stalemate lies on the rigidity shown by the political parties and NA on the wordings of the above mentioned clause and the conflicting stands the Maoist party has taken regarding the standard norms. So, to give a break to this standoff a device could be suggested as a onetime provision only and that should not establish a precedent for future. Some amicable adjustment in the existing standard norms could be developed so that the adjustments devised do not compromise the basic performance need of the respective security body; at the same time the rectifiable shortcomings of present could be made-up through training in future. This kind of adjustments - not compromise could facilitate to ease the hurdle posed at present by the standard norms in a rigid sense. After all, perfection is most difficult if not impossible to achieve and what can be achieved is a near perfection. So we can think of near to perfection about the standard norms. Even after integration everyone has to undergo a joint and rigorous training in their respective institutions for similar capacity development, assimilation, and smooth out the differences, fraternity development and spirit de corps.
Integrating the MACs in Junior Commission Officers and other ranks will be much easy since the selection can be made from wide and large groups willing to be integrated. Regarding the standard norms in officer ranks some minimum requirements must be met. The logic brought about by the Maoist party in 10 years of their combat experience and subjective terms like dedication toward the nation as the sufficient standard norms does not necessarily meet the requirements to be an officer. As per the standard practice a commissioned officer of NA becomes eligible to become a Major only after 10 years of service that too after passing through obligatory courses. So, if the experience alone is taken as the basis then the maximum rank a MAC can aspire to become is a Major at the highest, and this will not justifiable either.
Hence, granting officer ranks amongst the MACs can be based on their qualification and potentiality for further improvement, age and number of years of service in MA, minimum officers like quality with potential for future career development, and number of combatants that will be integrated. A pragmatic mix of homegrown and the experiences of other countries can be devised as amicable standard norms in our case, and that can be based on the combat experience, qualifications and the numbers of MACs to be integrated i.e. 4 to 5 thousands make a brigade so one Brigadier General plus officers down the line (colonel, Lt colonels, majors, Captains and Lieutenants) could be granted per five thousand MACs that will be integrated.
c. Other security bodies
1. No separate security bodies: The nation has to be very careful about raising some new or separate armed security bodies or paramilitary forces as an easy way out to accommodate the MACs while integrating. Any kind of separate security bodies out of MACs carrying weapon - be it a border security force, industrial security force, forest security & conservation force, highway security force or installation security force is bound to be counterproductive. In other word it will be a kind of initiative to institutionalize the MACs in new cantonments. Hence, this short of endorsement to keep the MACs intact in any of the above forms should be a big NO!
2. Development corps: Instead of raising some separate security bodies a new development corps comprising of MACs and NA personnel could be created. Over the time after proper training, motivation and vetting this corps could be the source pool for candidates willing to join the paramilitary forces, garrison duty and other security providing agencies.
Dealing the contentious issues
There are many contentious issues on numbers, standards, code of conducts, and many others. Political parties, main stakeholders and concerned bodies have been interpreting the words and clauses of various agreements and understandings to suit their own need/interest, thus creating hurdle for consensus. Hence, there has to be an acceptable authority or body made out of acceptable group of people authorized to give the final interpretation or verdict of various words and clauses of the interim constitution, CPA, AAMA and other agreements and understandings whenever required. This cannot be left free for all including the UNMIN and other international agencies to give the interpretation on their own. Hence, either the political parties along with the UN authority should form such authority with consensus; or a body can be created by the Supreme Court; and there could be no better authority than the one designated by Supreme Court.
Conclusion
Integration of the MACs in the security bodies including the NA and rehabilitation of the rest into society is the felt need of time; but the divided opinions had made it difficult. Integration of Maoist Combatants is a must to conclude the peace process. It is also arguable whether it is a realistic choice of Maoist party or not. Regarding the phobic psychology of other political parties, a convincing logic has to be brought to guarantee the least likely danger of influencing the NA by the MACs. At the same time NA need to be convinced and guaranteed of no political interference after the integration; and NA must be ensured for their micro-management by themselves.
After integration takes place the size of NA is likely to increase, but a pragmatic plan of right sizing can bring down the size of national army to the proper size within 5 years.
As of now the combatants are assets to the Maoist party, but before long it will become liability to them if could not be managed well on time. And this is the time. The unproductive expenditure of over five billion rupees each year for maintaining the MACs in the cantonments is indeed a very heavy burden to national exchequer. Hence, sooner the integration takes place the better it is for the nation and all concerned. So, it is mandatory now to find an acceptable and amicable way-out that does not affect party's stands at the same time allows the Maoist party to maintain their prestige. At this juncture, to facilitate the stalemate and develop confidence amongst the stakeholders effective informal initiatives are hence called for. An aggressive track -II and Track-III initiatives for bridging the gaps are the need of time. The nation cannot afford to prolong this problem any further; hence, Shiva Khera's saying is worth noting here - we cannot wait things to happen but we have to make things happen, and we can do it.
kesharbh@gmail.com
Published: Addressing Integration - A New Way Out - "News Front weekly", Monday, 18 January 2010
All The Creatures Big and Small
All The Creatures Big and Small
Year of Tiger, Animal Rights and National Security
Brig Gen (Ret) Keshar Bdr Bhandari
The four days long Global Tiger Workshop organized by the Global Tiger Initiative under the World Bank concluded on Friday, Oct 31, 2009 declaring to celebrate 2010 as the Year of Tiger. The workshop was significant in itself in an effort to conserve the depleting population of tiger worldwide. The participants of 13 of the 14 Tiger Range Countries and major donor countries came up with the idea to create global awareness on tiger conservation and several action plans to achieve the same was declared, though with few setbacks including the issues of commercial tiger farming. The tiger farming could be an indirect but effective measure to curve the tiger poaching for commercial value; and a more potent anti-poaching law and strict law to counter illegal trade of tiger parts could complement the effort for tiger conservation. If the punishments and penalty for tiger poaching and illegal trade in tiger parts could be made severe and high, then it will not be cost effective for risk to be taken; which in turn will discourage the poaching and illegal use and trade of tiger parts. Another indirect effort to conserve the wild tiger population is to allow the legal tiger farming for commercial use which even otherwise exist in many countries such as China, Cambodia and America. Thus the conservation of tiger in the wild along with the commercial tiger farming if could be taken together in tandem; the initiative is likely to serve both the purpose of conservation as well as to meet the commercial demand. In this regard the conservationists as well as the donors need to overcome their emotional attachment and show pragmatic approach for conservation of the elegant animal-the wild tigers. The tiger carries special significance and has important place in Hindus, Asian and Oriental culture and religion; thus to preserve the Tiger is also to preserve the cultural value of the region.
It is well justified for the workshop to highlight about the tiger and its conservation issues. In the context of conservation it will be worthwhile to mention about the conservation of some other endangered species as well. As per the IUCN Red List of endangered species some nine are critically endangered species out of the 1065 different animal species found in Nepal. These nine lesser known species mostly birds and the Gharial have high risk of becoming extinct in the wild; but the tiger is not one of them. The Gangetic Dolphin is equally endangered species like tiger; and there are many plants and insects also in the verge of becoming critically endangered species draws due attentions for conservation.
To raise the issue of animal right will also be relevant in the effort to conserve the tiger population as well as the population of other endangered species. But the animal right activists are focused in less important issue rather than more important issues of the day. The western animal right activists are mostly driven emotionally and are guided more by hearts than by the head; and there are name and fame in it. On the other hand the South Asian animal right activist are mostly driven for their personal benefit and are infatuated more by the western way of doing rather than for the perceived cause from the bottom of their heart. Let us take the example of vehement objections raised by the animal right activist in Nepal for raising the rhesus monkey (Rato Baandar) in captivity by the National Bio-medical Research Centre; with an aim to export the second generation monkey bred in captivity to United States of America for genetic medical research purpose to develop a vaccine of HIV and TB. Remaining within the international protocol CITES, the research centre was started with the permission of the Government of Nepal, and Nepal could benefit a lot in medical sector if breakthrough does take place. The magnitude of benefit to humankind after breakthrough to counter the menaces of HIV and TB will be immeasurable. But the National Bio-medical Research Centre could not export the monkeys due to objection and pressure of the animal right activist; regardless of the fact that the researches for developing vaccines are usually based on animal like rats, monkeys and pigs etc. The results could save millions of people; and if Nepal does not do it other countries like Thailand are there to offer the facilities and support, and we will miss the opportunity.
It is amazing why the animal right/aquatic species right activist does not raise the issues of cruelty against the millions and millions of fish and other marine life that goes under suffering everyday of immeasurable magnitude? Why the animal right activist of Nepal does not object strongly or even protest publicly against the cruelty of water buffalos for meat, street dogs, and stray animals like cows? Just the show-case kind of protest and protest to please the donors does not do the just for the real suffering of the animals that are in dire need for care; and this shows nothing but a hypocritical act of the right activist.
One thing we are unaware of the fact that the conservation, protection and promotion of rare and endangered species of all kinds and types - whether that be a human species, animal, bird, aquatic creature, plants, insects, and other species do come under the arena/orbit of National Security Policy - also known as the Comprehensive Security Policy of a nation. To take an example the conservation of Kusunda, Raute etc. in human race, nine critically endangered animal and birds species; many herbs and plants species found in Nepal which are in the verge of extinctions should come under the special attention of national security policy. These kinds of security concern are best placed under the headings of "Security of the Population and Gene Pool"; and "Ecological Security" of a Comprehensive Security Policy of Nepal. Unfortunately Nepal yet do not have a National Security Policy so as to give right direction in various sphere of state management and state functioning including the conservation of rare and endangered animal, plants and other species. So it is a time for Nepal to identify the conservation needs and bring synergy out of the concerted efforts of government, donors and stakeholders.
Published: The Kathmandu Post” daily; Thursday, November 5, 2009
E-mail: Kesharbh@gmail.com
Year of Tiger, Animal Rights and National Security
Brig Gen (Ret) Keshar Bdr Bhandari
The four days long Global Tiger Workshop organized by the Global Tiger Initiative under the World Bank concluded on Friday, Oct 31, 2009 declaring to celebrate 2010 as the Year of Tiger. The workshop was significant in itself in an effort to conserve the depleting population of tiger worldwide. The participants of 13 of the 14 Tiger Range Countries and major donor countries came up with the idea to create global awareness on tiger conservation and several action plans to achieve the same was declared, though with few setbacks including the issues of commercial tiger farming. The tiger farming could be an indirect but effective measure to curve the tiger poaching for commercial value; and a more potent anti-poaching law and strict law to counter illegal trade of tiger parts could complement the effort for tiger conservation. If the punishments and penalty for tiger poaching and illegal trade in tiger parts could be made severe and high, then it will not be cost effective for risk to be taken; which in turn will discourage the poaching and illegal use and trade of tiger parts. Another indirect effort to conserve the wild tiger population is to allow the legal tiger farming for commercial use which even otherwise exist in many countries such as China, Cambodia and America. Thus the conservation of tiger in the wild along with the commercial tiger farming if could be taken together in tandem; the initiative is likely to serve both the purpose of conservation as well as to meet the commercial demand. In this regard the conservationists as well as the donors need to overcome their emotional attachment and show pragmatic approach for conservation of the elegant animal-the wild tigers. The tiger carries special significance and has important place in Hindus, Asian and Oriental culture and religion; thus to preserve the Tiger is also to preserve the cultural value of the region.
It is well justified for the workshop to highlight about the tiger and its conservation issues. In the context of conservation it will be worthwhile to mention about the conservation of some other endangered species as well. As per the IUCN Red List of endangered species some nine are critically endangered species out of the 1065 different animal species found in Nepal. These nine lesser known species mostly birds and the Gharial have high risk of becoming extinct in the wild; but the tiger is not one of them. The Gangetic Dolphin is equally endangered species like tiger; and there are many plants and insects also in the verge of becoming critically endangered species draws due attentions for conservation.
To raise the issue of animal right will also be relevant in the effort to conserve the tiger population as well as the population of other endangered species. But the animal right activists are focused in less important issue rather than more important issues of the day. The western animal right activists are mostly driven emotionally and are guided more by hearts than by the head; and there are name and fame in it. On the other hand the South Asian animal right activist are mostly driven for their personal benefit and are infatuated more by the western way of doing rather than for the perceived cause from the bottom of their heart. Let us take the example of vehement objections raised by the animal right activist in Nepal for raising the rhesus monkey (Rato Baandar) in captivity by the National Bio-medical Research Centre; with an aim to export the second generation monkey bred in captivity to United States of America for genetic medical research purpose to develop a vaccine of HIV and TB. Remaining within the international protocol CITES, the research centre was started with the permission of the Government of Nepal, and Nepal could benefit a lot in medical sector if breakthrough does take place. The magnitude of benefit to humankind after breakthrough to counter the menaces of HIV and TB will be immeasurable. But the National Bio-medical Research Centre could not export the monkeys due to objection and pressure of the animal right activist; regardless of the fact that the researches for developing vaccines are usually based on animal like rats, monkeys and pigs etc. The results could save millions of people; and if Nepal does not do it other countries like Thailand are there to offer the facilities and support, and we will miss the opportunity.
It is amazing why the animal right/aquatic species right activist does not raise the issues of cruelty against the millions and millions of fish and other marine life that goes under suffering everyday of immeasurable magnitude? Why the animal right activist of Nepal does not object strongly or even protest publicly against the cruelty of water buffalos for meat, street dogs, and stray animals like cows? Just the show-case kind of protest and protest to please the donors does not do the just for the real suffering of the animals that are in dire need for care; and this shows nothing but a hypocritical act of the right activist.
One thing we are unaware of the fact that the conservation, protection and promotion of rare and endangered species of all kinds and types - whether that be a human species, animal, bird, aquatic creature, plants, insects, and other species do come under the arena/orbit of National Security Policy - also known as the Comprehensive Security Policy of a nation. To take an example the conservation of Kusunda, Raute etc. in human race, nine critically endangered animal and birds species; many herbs and plants species found in Nepal which are in the verge of extinctions should come under the special attention of national security policy. These kinds of security concern are best placed under the headings of "Security of the Population and Gene Pool"; and "Ecological Security" of a Comprehensive Security Policy of Nepal. Unfortunately Nepal yet do not have a National Security Policy so as to give right direction in various sphere of state management and state functioning including the conservation of rare and endangered animal, plants and other species. So it is a time for Nepal to identify the conservation needs and bring synergy out of the concerted efforts of government, donors and stakeholders.
Published: The Kathmandu Post” daily; Thursday, November 5, 2009
E-mail: Kesharbh@gmail.com
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