Strengthening the Rule of Law and Security in Nepal

The police have in some instances been used by political parties in Nepal as tools for achieving political gains or protecting political positions. As the country faces increasing crime and insecurity, democratic policing principles are more important than ever. Such principles require political parties, bureaucratic officials, businesses, and other power-holding sectors to refrain from pressuring or unduly interfering in policing. Failure to transform policing in Nepal could allow criminal elements and social instability to increase and eventually hijack the country’s peace process. Similarly, civil society plays an important role as change agents for the country, but civil society organizations risk becoming ineffective if politicization interferes with or dictates their work.

Strengthening Support Mechanisms

As the breakdown of law and order continues, the police play an increasingly important role. However, if there are not mechanisms and institutions that support the process of upholding the rule of law, policing will not be sufficient.

Nepal has struggled with addressing impunity. Some institutions that are meant to assist in combating impunity suffer from inadequate capacity, corruption, or lack accountability. An independent, accountable, and accessible judiciary is imperative for the rule of law to be upheld, as is a responsible governance structure and ministries that are meant to support and provide security and law and order. Prosecutors must be free from undue influence and their actions free of political intent or personal financial gain. Also important is a well-managed penal system to uphold court rulings and abide by the rule of law. Equally essential to ensuring security and the rule of law is a clear and strong legal framework. Currently, criminal law and civil law are combined under one umbrella, often resulting in outdated and unclear legislation. The Police Act and penal laws require updating to accommodate the changing context of Nepal, for example to include laws to address hooliganism and kidnapping. Positive steps are being taken to draft and present in parliament new legislation related to these areas.

While the CPN-M has publicly committed to dismantling its parallel judicial and governance structures, the police and the state judicial offices have not been able to reestablish their presence in many areas throughout the country. In such situations, people’s access to justice has been obstructed and can only be enhanced by establishing police posts that service the public and work with communities. The presence of legal offices and state courts that are free from corruption and discrimination, and that provide services to those seeking justice, would also be helpful.

As Nepal transitions, efforts to strengthen security and the rule of law should be holistic and include not only the police, but also the legal framework and other justice institutions including the attorney general, bar association/defense attorneys, and penal system.

Preventing Violence: Ensuring Inclusiveness

Currently there is lack of trust in systems for redress and justice among some groups that have traditionally been disenfranchised. One possible confidence-building measure is to increase representation within security agencies and the judiciary to better reflect the demographics of the country. Accessing and communicating with the police is sometimes problematic, with some police posts not speaking local languages. While recent recruitment has attempted to increase the ethnic representation of the police, it continues to be necessary for deployment to ensure that police officers are working in locations in which they speak the local language and understand local cultures. This can increase the community’s trust of the police post, thereby increasing the reporting of crimes and public cooperation. Another method for increasing trust would be to establish contact points within police posts for victims of gender- or ethnic- based violence to report those crimes to a member of his or her own “group” (i.e. a female police officer would serve as contact for gender-based violence).

As Nepal moves into a post-conflict scenario, a national vision is important and should be developed with the participation of an informed public. Ideally, this vision can address such issues as social exclusion, economic development, the reintegration of ex-combatants, and issues of integration or security sector reform. It is important that a long-term strategy and vision for the country be developed by leaders, but with the input of all sectors of society. If all sectors and groups are included in this process and mechanisms for access to decision-making are established, there will be less likelihood of public actions that disrupt daily activities or that lead to violence.

Civil Society and Police: Building a Relationship

It is evident that as Nepal transitions, it will face numerous threats to security and law and order. Civil society and the police can further the peace process by developing a working relationship that includes formulating joint strategies for strengthening the rule of law and security. These strategies can then be taken to policymakers to formalize as tools or mechanisms. Continuing dialogue between the police and civil society in Kathmandu is important to build relations and strengthen communication, but it is equally important to initiate informal dialogues between the police and civil society in rural communities, and particularly in communities that are at high-risk for communal violence and serious crimes.

As these dialogues continue and relations are built, it could be possible to establish joint-working groups or coordination committees to share information, quickly and effectively address concerns or problems, support efforts to combat crimes, and increase the protection of people’s rights. These groups or committees could potentially undertake joint investigations so that both the police and civil society have information and a better understanding of the concerns of the other. Similarly, working together to identify needed changes, reforms, or areas of support, such as improved detention facilities, training, or operational support from the government to allow the police to serve the public, will provide a stronger foundation from which to advocate for those changes.

Strengthening security and the rule of law depend upon building trust, communication, and a working relationship between the police and civil society, as well as their combined efforts to inform the government and state security institutions.

Posted on : 2007-05-29 21:30:44

Comments (0)