The Forces that Undermine Law & Order in Nepal (and Suggestions on how to Minimize them)

(Courtesy: Comrade Libre)

The law and order situation in Nepal has become abysmal. While on the outside, Nepal’s political leadership, UNMIN and related parties minimize the situation, on the inside, they all fear the increased likelihood of another armed struggle.

When governments fail to provide public goods - in Nepal’s case, security (along with everything else) - people take matters into their own hands. When security, justice, and law & order become second to grandiose ideals and unachievable milestones, people revolt.

The Nepalese people, under the leadership of Home Minister Krishna Prasad Sitoula, are approaching the limit of their tolerance for insecurity. Should the current Nepali administration’s lip service fail to transform into action, Nepal can kiss its hard won peace process goodbye.

There are three basic conflicts of interest that exacerbate Nepal's deteriorating security condition. These, along with remediation recommendations, are outlined in three separate pieces below.

1. Peace vs. Security - Finding the right Balance

Nepalis are confronted with the task of establishing a delicate balance between sustainable peace and security.

In theory, peace and security should be mutually reinforcing elements. In practice however, because of the way the Maoists have murdered their way into power, peace and security have become mutually exclusive.

The Nepali State's vulnerability and exposure to the threat of Maoist violence increases with every passing day. The strategic blackmail the Maoists have orchestrated is as follows: The Nepali people have the option to yield to the Maoist will (and enjoy a false sense of security) or oppose Maoist aggression (and risk losing a false peace).

Essentially, the Maoists continue to hold Nepal hostage to their version of "democracy" (no political opposition), their interpretation of the Comprehensive Peace Agreement (violations can only be committed by non-Maoist forces), and their goal of establishing a communist republic (preferably without CA elections).

Given the parameters outlined above, the sustenance of peace is portrayed as a function of Maoist happiness. And although UNMIN and the "army" of NGOs (that subsists on the peace process) understand the risks of extended insecurity, they are unable to voice their concerns without jeopardizing the process itself.

Hence, Maoist violence and the threat of violence (forced nationwide protests, shutdowns, etc.) continue in full view of the public eye and a helpless security structure under Krishna Prasad Sitoula.

Remediation Techniques:

- Refocus on establishing a date for the CA elections along with measurable milestones. Precondition the CA elections on a minimum threshold of security and law & order, conducive to polling - e.g., "elections will not be held till category-1 (violent/de-stabilizing) incidents are reduced to 1 or less per zone, for a successive 3 month period."

- Seek assistance from an independent third party (other than UNMIN) to monitor and assign accountability to parties that insist on the application of violence to achieve political goals. Document incidents and identify antagonists - permit the Nepali public (through the media) to hold accountable, groups responsible for delaying CA elections.

- Relieve the Home Minister of his duties. The family relationship between Krishna Prasad Sitoula and Pushpa Kamal Dahal's spouses', is a source of public scepticism and a potentially serious conflict of interest for the nation. Sitoula's usefulness in reigning in the Maoists is over. The country needs a real Home Minister now, preferably an individual with a moral conscience, from the UML party.


2. Enforcement and Implementation - The need to de-politicize law enforcement

With terrorist-turned Maoist organizations running wild (NERF, YCL, ANNISU-R, etc.), a collapse in the security environment is inevitable. Countless instances of violations of the CPA (Comprehensive Peace Agreement) have been documented by human rights organizations, the media and UNMIN. Most of these documented crimes have been perpetrated in full view of the government's security forces.

In response, human rights organizations have filed reports, UNMIN has "urged" ("called for", "requested", "appealed for") restraint and the media (under a Maoist Information and Communication Minister) has selectively reported gross violations. With the army confined to its barracks, the police force and the APF have mostly ignored Maoist atrocities and in doing so, have followed direct orders from the Home Ministry.

Of the countless acts of violence committed by the Maoists, the incident that most aptly summarizes the Maoists' disregard for the CPA, was the shooting of a Madhesi protester in Lahan.

That murder, committed by an armed Maoist cadre, occurred in full view of an entire contingent of APF personnel. That crime was a symbolic tragedy that sparked a violent Madhesi uprising, contributed to raised tensions (personified by the gratuitous nature of the Gaur massacre), and led to billions in lost revenues for the national economy.

In response to each Maoist violation of the CPA, the Home Minister Krishna Sitoula has used increasingly stronger language. The Maoist leadership in terun, has reciprocated with renewed promises to investigate the criminal activities of its cadre.

The Nepali public understands that these promises are no different than those that came after the Maoist bombing in Madi, and numerous other promises that have pacified the human rights community, but not resulted in justice.

The perception remains that the human rights community is happy making allegations and even happier in a state of inaction (or lack of follow up). Even the staunchest defenders of human rights understand the high-risk repercussions of challenging the Maoists (as opposed to continually goading the State's security apparatus).

Even the highest moral authoritarians have priorities when it comes to their personal safety. There is no better example of "self-preservation over conviction," than the half-hearted manner in which human rights groups deal with the Maoists. As a result, an otherwise critical enabler of legal enforcement (the human rights community) fails miserably when it comes to bringing the Maoists to task.

Just like Sitoula's empty convictions (of implementing law and order) have fallen on disbelieving public ears, the Home Minister's rhetoric has also been written off by security forces who refuse to carry out enforcement activities. Security force commaders justify their inaction by citing the risk of violating human rights or worse, the risk of losing their jobs.

Apparently, some people have been impacted more by the change in political tide than others. Security force leaders have come to understand the implications of terroirsts turning into ministers on their families, their personal safety, and the overall morale of forces under their command.

Sitoula's treatment of the policeman who stopped an armed Maoist "body guard" from entering Parliament rings fresh in the minds of all security personnel. The capacity, leadership and most importantly, the will to enforce the law is virtually absent.

The ties between Krishna Sitoula, Police IGP Om Bikram Rana, and the Maoist leadership are too close for comfort for law & order enforcement to be conducted professionally.

Enforcement activities require the application of measured force against criminal elements. Most of the unlawful activities being perpetrated tie back to Maoist sister organizations. The Maoists have a presence in the interim government. More importantly, the perception is that the Maoists have an even stronger presence in the Home Ministry.

Any questions on reasons that underlie the absence of law & order (and the growth of insecurity) for in the Nepali nation state?

Remediation Techniques:

- Expose national human rights groups that are fronts for Maoist activities. Start with Padma Ratna Tuladhar and work down the list of groups (and individuals) by determining where they get their funding and how the funding is used. What happened to Mathura Shrestha after the Gaur incident should serve as a text-book case study on how hidden political agendas compromise impartiality.

- At the same time, lobby the international human rights community even harder to ensure that they apply ubiquitous standards on all cases of rights abuses - the Maoists should not be an exception.

- Make UNMIN earn its keep. Empower UNMIN not only to document cases of CPA violations, but also to investigate and publish accountability reports for public consumption. The incident maps on UNMIN's website are pretty pictures to look at; they are also meaningless bits of information if no follow-ups occur - e.g. Who committed the crime? What is the punishment? Have the suspects been apprehended? If not, why? If so, what are the charges against them?

- Remove the nexus of indecision that clouds the security apparatus in Nepal, starting with the Home Minister. Condoning Krishna Sitoula's leadership is on par with condoning the application of excessive force, targeted at the Madhesi population. Sitoula's use of the State security forces to fulfil a Maoist agenda (the brutal quelling of the Madhesi uprising) is unacceptable.


3. Articulation of Repercussions - The need to assign accountability where it belongs

The lack of clear communication on the effects and consequences of a deteriorating security situation need to be articulated. The Maoists' exploitation of the peace process (and elections to a Constituent Assembly) must be ended, immediately.

What needs to be made clear is that if the Maoists (including NERF, the YCL, ANNIFSU-R, etc.) continue to wreak havoc, the Nepali people and the international community will hold the Maoist leadership accountable.

The YCL unleashing terror on RPP cadre yesterday may have been (sickly) humour for the Nepali Congress. But how "funny" is it now that the YCL has taken pot shots at NSU women and the NC-D and thrown slippers (and water bottles) at Ram Chandra Poudel?

It was great times when the NSU (under Gagan Thapa's leadership) was busy forcing educational shut-downs to advance political agendas. How great is it today that the Maoist-aligned NERF is replicating the same tactics (by denying Nepali children their right to education) to fulfil a different set of political goals?

Former IGP Mohan Shrestha's assassins have come out in the media and have admitted their guilt. If these scum can avoid legal prosecution because they are Maoists, the law of the pre-April 2006 era is inapplicable in Nepali courts today.

Then what is the arbitrary justification for prosecuting any of the Royal regime's ministers? Why bother with the Rayamajhi Commission's report if all accusations against the defendants were made in the context of legal provisions, enacted post-April 2006 (while the alleged crimes were committed pre-April 2006)?

How is Krishna Prasad Sitoula any less liable than former Home Minister Kamal Thapa, if the accusation is application of excessive force? Thapa ordered the suppression of rioting based on the fact that the crowds had been infiltrated by Maoists (who at the time, were "terrorists"). What's Krishna Sitoula's excuse for the rampant application of lethal force, at every available opportunity against the Madhesi population?

Does the present government consider the JTMM a "terrorist" organization? Is their infiltration in MJF demonstrations probable cause for security forces (under Krishna Sitoula) to shoot into crowds of peaceful protestors?

If the answer is "yes," then where have the security forces been at times when YCL criminals have physically assaulted cadres from various other political parties? If the application of lethal force is authorized against Madhesi protestors exercising their constitutional rights, why is no force ever applied against YCL members who make a living out of denying others' their political freedoms?

Remediation:

- Selective application of legal provisions is equivalent to non-enforcement. This administration (especially because it has a Maoist component) needs to articulate clearly what is legally acceptable, what is not, and take action against criminal elements whether they be of a political nature or otherwise.

- There is no provision in the interim constitution that precludes the criminal prosecution of Maoists. There is also no provision in the interim constitution that prevents ministers from being relieved of duties, they are unable to fulfil. There is also no provision in the interim constitution that places politicians and political activists above the law.

- The Maoists need to be held publicly accountable for the activities of their cadre. The Nepali people deserve to know what criminal activities the Maoists are involved in and how these activities undermine the peace process (and elections to a Constituent Assembly).

- Krishna Prasad Sitoula should resign on moral and ethical grounds. If he refuses to do so, he should be impeached on charges of murder, politically motivated use of lethal force against a selected population, and lastly on charges of inability to dispense the duties of his office.

- Sitoula is the Home Minister. Ram Chandra Poudel is the Minister for Peace and Reconstruction. If people think Sitoula's doing a great job of making the peace process work, he should take over Poudel's portfolio.

- Bring in Khadka Prasad Oli to dispense the duties of the Home Ministry. A more suited, more polished and immaculately articulate candidate for the position, doesn't exist in Nepal.


RELATED POSTINGS

The Case for Shitoula’s Resignation
http://nepaliperspectives.blogspot.com/2007/02/case-for-shitoulas-resignation.html


The Root of Nepal’s Insecurity – Home Minister Krishna Prasad Shitoula
http://nepaliperspectives.blogspot.com/2006/10/root-of-nepals-insecurity-home.html


The Anatomy of a Maoist Extortion - “Time to think of protecting ourselves”
http://nepaliperspectives.blogspot.com/2006/09/anatomy-of-maoist-extortion-time-to.html


Defining the Mainstream
http://nepaliperspectives.blogspot.com/2006/06/defining-mainstream.html


Apples, Oranges and the Maoist Victory in Nepal
http://nepaliperspectives.blogspot.com/2006/06/apples-oranges-and-maoist-victory-in.html