Dear all members and subscriber of Nepal Officers Online,
I am writing about an issue on “Irregularities and Corruption in Issuance of Driving License” As most of you know that recently I am working in Ministry of Labor and Transport Management as a capacity of Under Secretary. Currently I am taking care an investigation case about the involvement of govt. officers in excessive irregularities and corruption in license issuance at Driving License Office, Bagmati, Kathmandu. Actually, this case belongs to National Vigilance Center and also regularly dealt by the Commission for the Investigation of Abuse of Authority (CIAA). Some of the national media and news houses have also aired the issue under priority. It is because the case is not only matter of corruption and irregularities but also concerned with national security threats, so we all true citizen must pay honest attention and contribute to address the issue properly.
Of course, I am having serious threats since I have started the investigation. Just yesterday night, I have received a threat call from a self-claimed powerful people of Ministry of General Administration over telephone, he said that he will take any necessary action or may transfer me somewhere else immediately if I do not give up or quite from the case. He forced me to dismiss the case without any delay because one of the accused officers is his very close friend. However, I am not worried at all and ready to face with any upcoming situation without affecting the spirit and ethics of the investigation. Indeed, we will try our best to find out the truth and reach in logical end of the ongoing case.
Therefore, I would like to request you all to share me the related suggestion, ideas, opinions and facts related to the irregularities and corruption in issuance of Driving License at Kathmandu valley. Kindly share us through emails, phones call or any suitable means in accordance with your convenience.
Once again, I thank you all for your continuous helps and cooperation.
Nepal's much awaited highlevel political mechanism (HPM) finally has constituted, but there is much confusion. It is viewed differently in the national and international arena. Some political pundits look at the mechanism as an important milestone while others see a strategic conspiracy. Major national and internationally stakeholders including the UN conditionally and carefully welcomed the new mechanism, with the hope and belief it will lead to positive outcomes.
Interestingly, the voices of favor and dissent in HPM began on the day of its establishment. Senior leaders from some parties are against the mechanism and see it as a serious conspiracy.
Many people say they do not understand this dramatic development of how the political parties and leaders came so easily to join together on this political mechanism without compromising and building consensus over the conflicting political agendas.
The important issue is that HPM is neither politically-democratically approved, nor is there a clear working strategy. So people are curious to know how such a mechanism will cope with the existing paradoxical scenario where the ruling and opposition parties are being confronted and endlessly conducting political marathons against each other. Frankly speaking, the ruling and opposition parties are not on the right track. All are focused on power-games rather than contributing towards the logical end of the peace process and building the constitution for New Nepal.
The parties and their leaders have forgotten their principal mandates, and they have deviated from the path they committed to. Specifically, peace building through successful implementation of a comprehensive peace accord (CPA) and restructuring the state through constitution building should be the principal goals of the national polity. However, both issues are in limbo and have become matters of lower priority.
I believe what is needed is a clear and visionary roadmap, using HPM, with really positive goals and objectives working towards the peace process and constitution building. Otherwise, it will be understood publicly as a continuation of a strategic conspiracy culture against the existing coalition government.
The mechanism should able to expose clearly how they will handle the issue of Maoist version of civil supremacy, madhesi and other ethnic version of inclusion and federalism, the confused and misguided version of PLA integration and many more contemporary issues that have become issues of mutual face-offs among the parties. In addition, HPM should describe the agreed structure of the cabinet and how they work to address the national agenda and priority.
These are really crucial questions for all Nepalese as well as concerned institutions and agencies, so it must be clarified beforehand to see the HPM as a part of positive effort and commitment for the peace process and constitution building.
Experts illustrate that peace process and constitution writing will not be successes until Nepal gets a multi party coalition government and common political consensus on the aforementioned issues. The peace process and constitution writing may be further paralyzed if even a single political actor is ignored or excluded from both the peace and constitution building processes. Therefore, all parties and political forces should be given equal importance and treated democratically in a rational manner.
In plain view, the peace process should reach almost a logical destination once the cantonment based former Maoist guerrillas are successfully managed in accordance with the letter and spirit of the CPA and Interim Constitution of Nepal (ICN).
The ruling party and opposition both are avoiding the major issues by using various crosscutting power-politics, and switching day by day the public commitments. In addition, in the name of democracy and politics, all of the Nepalese political parties are acting beyond political ethics. The general Public are irritated and fed up with Nepalese political culture, the smaller and bigger all parties believe that criminalized politics, militarized activities and roughshod impunity are the ways to oppose the government while they live in the opposition room.
Nowadays, no political parties look at legacy, legitimacy, rationality, relevancy and utility of their political activities, rather they have a blind desire to capturing the cabinet. In such context, how can Nepalese people expect positive value from HPM without experiencing the forthcoming impacts into practice? The people are in confusion. The HPM has created a huge illusion among the stakeholders of the Nepalese peace and constitution building process.
The international community, specially the UN believe that HPM is a product of continuous efforts of United Mission in Nepal (UNMIN) and also the UN Secretary General Mr. Ban Ki Moon, but it is just a misconception. It is because the HPM was not constituted in accordance with the spirit of diplomatic efforts, peace accord and constitutional provision.
It is sad to say, in many ways, the UNMIN is a failed mission, not able to achieve its even minimum assigned tasks and responsibilities.
It has not done much except to have a nominal role in technical affairs of cantonment management, verification, political marketing and to pay just limited diplomatic courtesy. The UNMIN is observed as an ambiguous agency that raises the situation of confrontation among the major political parties.
One can ask why does the UNMIN still stand, given such failure and low performance? Experts say it is only to respect the UN resolution and to maintain the relationship with UN for future support and continuation of ongoing development process and post conflict affairs of Nepal.
The UNMIN is seen by opposition political parties in Nepal, as a pro-Maoist institution, however, this is not completely true, even though politicians blame it for being so. The UNMIN became unpopular due to weak diplomacy of its managers; most of them have been unable to even deliver proper diplomatic output and failed to maintain the minimum diplomatic code of conduct. Most of the UNMIN officials poorly manage their assigned roles and dutiess in the peace and conflict affairs of Nepal.
They are unable to manage effectively even the cantonment, verification process etc and to deliver diplomatic pressure on respective politicians to enforce CPA efficiently, duties assigned by UN resolutions.
The Politicians are polarized on UNMIM performance, some of the politicians have strong affection and some of them are alienated, so the public are under serous confusion to identify who is right and who is wrong. The reality is that UNMIN failed to maintain balanced relationsips and deliver impartiality, neutrality and diplomatic capabilities. That being the case, the HPM must unite and make necessary common consensus to deal with UNMIN. The HPM needs to exploit the positive features of UNMIN systematically, that could be helpful to facilitate the ongoing peace process to a logical end.
Nepal has a history of the sorriest experiences of constitutional instability, changing its constitution so often. The HPM must succeed, to include the needed characteristics in the new constitution to make it more sustainable, visionary, reliable, and people and nation centric.
The HPM must learn from the countries where the constitution functions well over decades, especially from the US, Canada, Australia, India, France, Switzerland. Those constitutions have nice characteristics, are well established and considered good constitutions by their people and the world.
Among these constitutions, we found some common similarities; holding enough public legitimacy, having greater public and political trust and respect, addressing the greater degree of domestic and international affairs. The constitutions are also successes in transforming diversity into pluralism, addressing the need and desire of excluded, marginalized and deprived groups and societies of the nation, delivering good governance, making rational redistribution and maintaining social justice.
The assurances of public rights and high level of liberties is a common feature among them; they also guarantee civil supremacy, good governance, constitutionalism and rule of law. However, the meaning, definition and understanding of the discussed characteristics may be differed in each country and context. In addition, the constitutions are capable enough to deal with the possible peace building, conflict management and to handle the contemporary issues of the respective nations.
The rational flexibility of the constitutions allow them to respond to unexpected matters and future affairs of the nation. These constitutions are considered very homely and nationalistic, and developed in accordance with the need and importance of the nation. They mention international dignity and cope with international diplomacy by leading their images in the international arena. Indeed, providing good national security and maintaining national unity and integration is also a principal strength of these constitutions.
One of the most essential strength of the constitutions is that states are efficiently and significantly providing all basic and common goods, services and opportunity to the people without disorder and discrimination. The scientific provisions of justified power sharing, constitutional provisions to respect the majorities and preservation of minorities on the basis of equality and equity are additional strengths.
The justified social inclusion and scientific representation provisions are major, to provide the opportunity for national mainstreaming. The constitutions have assured discrimination free society and necessary legal arrangements against any disqualification of people's life and governance.
In short, these constitutions have capabilities to bring and maintain peace and harmony in the nation. The exemplified constitutions are well capable to manage conflicts in efficient ways; proved capable to keep their people and nation happy, healthy, and prosperous. The constitutions are capable of providing solutions of the majority of national sociopolitical issues.
The ruling and oppositions parties pay equal respect to the constitution. It does not a matter whether the countries are practicing capitalism, socialism, or a mix of governance or adopt unitary, federalism, confederation or any other type of government or governance. The illustrated constitutions provide different types of approaches for governances or government, but all are considered successful to a greater extent because they have been delivering and bearing those characteristics lucratively in a systematic and scientific manner.
Generally, every constitution should be capable of keeping their nation and people more happy, healthy and prosperous, which are considered major characteristics of a sustainable constitution. Therefore, the HPM must be careful and capable to include those essential characteristics in the upcoming constitution of Nepal, if they are committed to making the new constitution sustainable and successful, otherwise unpredictable forces will go in revolt and start fighting for new constitution as happened in the past.
In this regard, the HPM has many challenges and opportunities ahead with huge possibilities of successes, if they act honestly, jointly and continuously in accordance with the people's mandate and spirit of the Interim Constitution of Nepal, by keeping the national interest and people's wishes at teh forefront as a guiding principle of their duties and responsibilities. It seems the principal conditions for HPM are to unite all active parties and politicians to get common political consensus from inside and outside of the power-gameboard to deal with the issue of the peace and constitution building process.
They must achieve national consensus and an all parties coalition government to ensure the logical end of CPA and to achieve the successful and sustainable constitution in due time. The HPM must concentrate on common national agenda and priority rather than focusing on changing the particular parties or leader from the Government.
So I wish Good Luck to the HPM!
(Mr. Krishnahari Pushkar writes about social issues, security and conflict management, often in relation to Nepal. An Under Secretary of Government in Nepal, he is well honored as a Peace, Security and Conflict Management Professional, who contributes regularly to national and international nongovernmental organizations as a peace and conflict management expert.)
Nepal: Fully responsible and accountable governance and government, both are the essential conditions to a successful security system. The national security leaders as well as high ranking officials must work hard to resolve the security lapses problem properly, otherwise they should quite immediately from their public posts in ethical and moral ground.
Monday, January 11, 2010 Nepal: Disappearing Security in Occlusion Nepal: Fully responsible and accountable governance and government, both are the essential conditions to a successful security system. The national security leaders as well as high ranking officials must work hard to resolve the security lapses problem properly, otherwise they should quite immediately from their public posts in ethical and moral ground.
Friday, December 25, 2009 Security Sector Reform in Nepal:With reference to UNSCR 1325 The United Nation Security Council Resolution 1325 and Security Sector Reform is significantly relevance to each other. So, the meaningful incorporation of 1325 into national security and defense mechanism of Nepal may only bring expected impact in favor of women during conflict or post conflict situation as expected by UNSCR 1325.
Tuesday, December 15, 2009 Nepal:National Security System is under Threat It is urgent need for Government of Nepal to find out immediately that how did NIDN's secret reports become public besides its sophisticated secret proceedings system. Please find out who is guilty and where is the fractures in our system?
Saturday, December 12, 2009 Nepal: Polity for Peace The article deals with the political dilemmas of ongoing peace and constitution building process of Nepal and it provides possible ways out of the topsy-turvydom. It highlights the contemporary affairs of Nepalese political culture. Specially, it prescribes the proficient ways to end all types of political impunity, undemocratic practices, and finally discuss the ways to bring out the off-track politics into peoples' platform.
Monday, November 2, 2009 Nepal's Dual Citizenship: A Suicidal Decision? Dual Napalese Citizenship will be a big threat to democracy, sovereignty, integration and harmony as well as to society too. Such a policy could push our nation towards serious problem, if the government introduces the policy without analyzing the potential impact. Therefore, the government should have an open referendum before approving the policy.
Sunday, November 1, 2009 Asking for a Rethink on US Immigration Diplomacy The US must introduce and practice universally approved norms of immigration diplomacy that will help to know and identify the right of people in right manner. In the name of security the US should not boost the number of enemies.
Wednesday, October 28, 2009 Nepal's Tumbling Peace It is unfortunate that some vested politicians' declares that re-insurgency or re-warfare is held in search of peace, however it has proved blunder to impel for “Breach Peace for Peace”.
Wednesday, October 7, 2009 Nepal's Special Security Plan: Political Stunt? Nepal is a one of the most leading domicile of many ethno-political insurgents. Since longtime, the country has lost its normalcy of law and order, good governance, civil supremacy, and democratic practices due to fast growing ratio of institutional and private criminal and their rebellion activities. Sadly, the country is terrorized and under control of ochlocracy.
Monday, August 10, 2009 Diplomacy for Visa Lust? The radical visa strategy which is imposed by the developed world over the developing countries helps spread conflict, discrimination, exploitation, segregation, terrorism, and also swells the gaps between the poor and rich world. It denies human rights and lessens the dignity, development and sovereignty of people.
Monday, December 8, 2008 Security (2 comments) The developed nations must help developing countries to improve and enforce a better meaning and practice of efficient and effective security systems to cope with their emerging challenges.
Tuesday, September 23, 2008 Empower Home Administration in Nepal Nepal is suffering with lawlessness, and even our Government presence is in crisis in entire rural areas. Therefore, immediate empowerment of Home Affairs through restructure, reengineering, and betterment in legal, structural, financial, physical, personnel, academic, and development areas are most essential.
Friday, September 12, 2008 Conflict Sensitive Strategy in Nepal Nepal Government should immediately impose a rule or directive to adopt the conflict sensitive strategy into practice in entire development or possible administrative sectors of Nepal.
Saturday, August 30, 2008 The Prejudiced Nepalese Media and Anti-Khas Madhesis (2 comments) The nationalization and mainstreaming of Hindi in Nepal is not well received among Nepalese citizens due to neocolonial grand design of India. Madhesis will not agree to lose their mother tongue and promote or accept Hindi as a means of common language of communication in Madhes region at any cost.
Sunday, July 13, 2008 Communalism Is Superior to Nationalism Nepal Minister of Home Affairs: Communalism is superior to, and influences insurgency more than, nationalism. The higher degree or intensive influences of communalism are dangerous to sustainable peace and security. It can adversely affect social harmony in pluralistic society. But communalism can be managed by adequately addressing economic discrimination and political exclusion, and by preserving ethnic heritages.
Thursday, December 20, 2007 Seeds of Ethno-Civil War in Terai There are many issues of concern in contemporary Nepali politics, including the stalled peace process. A new twist is visible now with the resignation of some Madhesi lawmakers. Some say that the senior leaders of seven-party alliance must be blamed for pushing Madheshi ethno political movement one-step forward to the separation of Nepal or the formation of a new nation in the South Asian periphery.
Tuesday, December 18, 2007 Guerrilla's Merger into Army? : Unfortunate! It is about Nepal concerning the Guerrilla's Merger into Army issue. It is very research based strategic article with suitable solution, so it is very significant and worthy.
Subject: Open Letter:“National Security System is under Threat”
Dear Extraordinary,
I am very sad and feel huge terror to see the functional pathos of National Investigation Department of Nepal (NIDN), which is the government’s principal intelligence agency collecting, analyzing, and managing information related to country’s internal security and related affairs. Byelaw and practice, the national spy agency NIDN and its overall functional and administrative activities are considered as one of the most secret at all time. Internationally and nationally, the secretiveness of the NIDN’s activities is most indispensable, so universally it is protected by constitution, professional Act and law related to right to information.
Dear extraordinary, the conventional and modern governance system and polity also have no rights to go beyond the universally legitimated parameter of concealment. As we all know that NIDN plays significant role to maintain effective and efficient security system, especially in terms of harmonizing internal security. It prevents from the possible threat on inter-intra national security, equally, it has huge role in balancing the Nepal related diplomatic quandaries between China and India. Also, we know the secrecy is a breath of the any intelligence institution, so no way to maintain intelligence or spy system without respecting the ethics of secrecy.
Extraordinary, I would like to draw your serious attention about the recent publicity of NIDN’s secret report on “Buddhist monasteries involvement in the Free Tibet movement and anti-China activities” that how such secret report came into media besides its huge security and secrecy system. It made me very annoyed and KO'd. You might know that such publicity can damage our bilateral diplomatic relation and could raise further tensions to deal within the neighborhoods. Similarly, I have heard that many NIDN’s secret report is being out via some dishonest officials. Some of the NIDN’s report is being misused against our national interest. Some criminals may have benefitted too. Therefore, it is urgent need for our government to find out immediately that how NIDN’s secret reports become public besides its sophisticated secret proceedings system. Please find out who is guilty and where is fracture in our system?
Extraordinary, please be serious and constitute immediately an experts’ taskforce to find out first that how such important reports came into media? Further, the culprits should be immediately removed out from the NIDN and Home Ministry’s intelligence system. I think Government needs to rethink in overall management and reengineering of NIDN institution, otherwise national security will come under serious threat and national sovereignty may push into crisis, if such thing continues. Please take necessary precautions without delay.
Therefore, as a capacity of Nepalese citizen, I would like to draw your urgent attention to concentrate on the above mentioned issue and address the problem with high priority.
By, Krishna Hari Pushkar, Security It is a multifarious term. The meaning of security is today based on various circumstances and contexts. Conventionally, security is meant similar as safety or protection. Scholar claims, it is a situation of being protected against danger, losses or any types of attacks. Accordingly, this paper begins with the fundamental discussions of the meaning and definition of security, which includes the several aspect and understandings. Afterward, it presents the meaning of security with essential explanations under three generations with its descriptive categories. Finally, the paper comes up with a summarized picture of Nepalese security apparatus. Lastly, it concludes with some concrete answers that what is the meaning of security today. Now the meaning of security is largely shifted and modified. Experts consider, “Generally the meaning of security is a kind of a state where people or institution or authority or groups feel full secured or feel albescence of any threaten or vulnerability from somewhere or someone in his /her life, liberty, property or activity, it could be in physical, psychological, emotional, social or economical forms.” The term security is connected with the rule of law, freedoms, rights, peace or something that secures equally. Likewise, the meaning of security includes prevention, response and pre-emptive attacks. In broader term, today security means protection and prevention from physical, psychological, emotional, financials, environmental, economical, technological, & developmental damages and loss. It also includes the needy rights and privileges issues of the individuals, organizations, nations, regions or the particular groups that are supposed to be protected and prevented from any potential danger or onslaught. In my observation, the meaning of security today may be offered technically under three generations: (a) First Generation: the people who are fighting for survival, living under the poverty line, struggling with hand to mouth problem and remained dependent on State & its welfare privileges are kept under this generation. The people mean today, the security is the prime duties and responsibility of government, so the protection and prevention from impending threat on their lives, liberty and properties may consider as security. Generally, they believe, the police and administration, insurances and social security mechanism are only the major source and actors of such security. These people are very traditional and do not well enough aware even about their rights, systems, rules, regulations and broader scope of security. There are huge mass of such people, specially in developing and least developed countries, (b) Second Generation: the people mean, “The security is the international & constitutional arrangements, which are enforced by the rule of law, it guards for justice, and protects and prevents from possible threats and vulnerabilities.” Further, this generation expects more than the first generation. They wish to enjoy all possible fundamental and human rights without having any disruptions or hindrances accordance with the laws of respective nation and international practices. And (c) Third Generation: the people mean that security is a kind of mental feeling, happiness and physical assurances for prevention, protection, and guard against all possible threats and vulnerability concerning the physical, economical, health, social, food, technological, cultural, industrial, ecological, rights and other issues that are important to the people, organization or particular nations. Accordingly, the security may be classified as technological, physical, political and psychological categories. The technological category includes the areas of IT, network, machines or the domains that are related to the filed of technology and scientific development. The physical category includes the areas of business and commerce, insurance, products, food, money, health, tourism, water, home, goods, infrastructures, etc. The political category includes internal and external security, public security, immigration and migration, homeland etc. Finally, the psychological security includes mental attitude and feeling or satisfaction that assures people to live and conduct activities in fear-free manner. The meaning of security reflects into practice when it is enforced by State through various mechanisms by introducing specific acts, rules, and regulations, orders, etc. Normally, every State has particular mechanisms for security. In Nepal, we maintain and enforce security through public and private authorities. However, the number and scope of private security company is comparatively very low in Nepal. Further, Nepal is divided into seventy five districts and it has governmental security wings throughout the all districts and its regions. There are Civil Security Authority (Home Ministry and its direct wings), Nepal Police, Nepal Arm Police Force, National Investigation Department (Intelligence) & Department of Immigration etc are mainly active powers that are working for internal security. The Ministry of Health, Ministry of Women, Children and Social Welfare, Education Ministry, Cultural Ministry, Ministry of Local Development, Local Governments etc, are accountable for social security. Similarly, the courts are responsible for judicial security and justices. Moreover, the external security (defense) is solely assigned for Nepal Army. Respectively, the technological security is under the responsibilities of Ministry of Science and Technology and its various institutions. However, there are no direct governmental authorities in Nepal that deals with the financial and commercials securities. Though, Ministry of Finance, FNCCI, Nepal Rastra Bank, and few insurances companies are partially working on it with the help of police and general administration too. The understanding of security is today being drastically changed even In Nepal, since Maoists joined comprehensive peace process in 2006 after decade long bloodshed Guerrilla warfare. Before, people was just talking about physical protection or seeking for survival only, though they are now asking for all types of possible security, which are discussed above. Hence, the meaning of security is based on perception, attitude, context and need. The developed world e.g. US, Europe, Australia, Japan, Canada etc. are adopting and practicing advance meaning of security, at the same time the country like Iraq, Nepal, Afghanistan, Liberia, Somalia, Rwanda, etc are not being even capable to enforce the basic meaning of security as mentioned in first generation section. The security is a matter of high importance and interconnected issues for everyone. The globally integrated meaning and efforts for security are essential today since all human beings are equal as per norms of UN Universal Declaration of Human-Rights 1948, otherwise it is difficult to achieve sustainable peace, and to prevent and protect from the poverty, terrorism, threat, crime, attack, discrimination, abuse of rights and more. Hence, the developed nations must help developing countries to improve and enforce the better meaning and practice of efficient and effective security system to cope with their emerging challenges. I observe there are immense gap among various people about the meaning and understanding of security. The meaning of security today is different and depends on the situation, nature of need and the level of people and their culture. However, there are some common characters in all types of meaning today that security is a legitimated legalized system or a kind of arrangement for protection, prevention, assurances, and preparedness against possible attacks, threats, damages and injury.
(Author is a Peace and Conflict Management Professional and Currently Associated with Ministry of Home Affairs, Government of Nepal)
The empowerment of Home Administration is now became a most crucial challenge to the new Government since the effectiveness and efficiency of the Home Administration are just limited in paper only. People may ask that why the Home Administration is pushed in such pitiable situation? The expert explains there are problems and difficulties in few basic areas of Home Administration e.g. functional, legal, procedural, structural, & personnel etc. The political causes include frequent changes in constitution, political interference, spoil and tenders system in transfer, promotion and postings etc. The legal causes include weakness in administrative and security laws, absent of proper civil administration and security polices. The procedural causes include bad practices in service delivery, hello effect, political prejudices and ill governance. Similarly, the structural causes include the poor and conventional structure in Home organizations and its responsibilities. Likewise, the personnel causes include wrong man in wrong place, haphazard posting and job responsibilities, deep rooted nepotism and favoritism, discretionary, immoral and illogical ways for personnel administration etc that are found beyond the rules and regulation, though it is very normal for Home Administration. Specially, the Home Ministry often acts against Civil Service Laws which is most panic factors.
The proficiency of the Ministry may simply explain through following practical questions: why should Police Chief follow the order of Chief District Officer in local level or Home Secretary’s order in central level?What are the controlling, supervisory and monitoring mechanism of Civil and Security Administration inside the system of Home Administration? Do we feel Civil Supremacy in local level? Why Prime Minister or Home Minister should gives more important to the Police Chiefs rather than Home Secretary? Legally, the Home Secretary should responsible in official ways for whole Home Administration, however the role of Ministry is ineffective and very limited in over all Security Administration.
In Nepal the political leadership derisively ignore the role and significances of Home Secretary, Chief District Officers or Civil Administrators in Security Management, and they give over important to the polices hakims exclusively, which is beyond the norms of hierarchical chain of command and abuse of legally provided span. Perhaps such politicians are regressive people and willing to promote and impose their personal interest over Home Administration system, as they trust arm holders are efficient for all the wrongs or influential things that they want such as corruption, murder, torture, smuggling, and other use-misuse of authorities that may be individually productive torespective the politicians and parties.
In legal provisions, the CDOs have plenty of authorities without power, so, they cannot able to implement or enforce anything properly till police or intelligence helps them into practices. Also, all corrupt politicians and criminal polices it-self want to see Home Administration or Civil Supremacy weak to enjoy illegal privileges and impose individual ruling system over the Nation. Consequently, general public have to suffer and face various trouble even in routine life such as bad governance, corruption, criminality, lawlessness, violence, exploitations, attack, kidnaps, force donation, discrimination, and more. Further, the Ministry has also bad impression in various sectors e.g. immigration, boarder security and other associated issue that are kept under the responsibilities of Home Affairs, etc.
The democratic ruling system believes that Civil Supremacy is the best systems which provides Good Governance and impose Rule of Laws as per interest of its citizens and democratic norms. Though, whatever the provisions are mentioned in constitution, laws or speeches that are delivered by politicians of New Nepal will not be materialized till Civil Supremacy or the Home Affairs will empowered properly as per desire of New Nepal.
One more example concerning the disaster works, in Ministry of Home Affairs, there are central disaster task force; however there are no any disaster specialists, though it has high marketing in Medias without having any significant positive impacts in grassroots level, because the resource and funds are being misused and officials are being individually rich. The causes behind such position is absent of proper officials and organism. People charge, how can such units may effective if people deputed as experts in this section are only experienced in delivering citizenship, passport or something else throughout job periods, so how can be disaster affected people or victim will be benefited from such laymen people? The similar situation exists in drug control unit, arms and weapons section, egovernance and other too.
It is depressing to say; there are no any training, research or development units for the Home Ministry. The Home Ministry does not formulate any official policies, neither any contemporary strategy to cope with any emerging challenges and situation of Nepal e.g. security issues, intelligence, human trafficking, terrorism, immigration, border security, terrorism, cross border, refugee etc; they do not generate any specific ideas, except to force or implement either traditional manner or just the enforce the haphazard orders or intentions of politicians. In practice, Home Ministry is just a CC desk of CDOs, Polices, Intelligence, Jail and Immigration etc. Frankly speaking, the Home Ministry is the poorest one in the sense of inland or outland training opportunity, career development perspective, foreign visit trip, or any opportunity concerning the development, research, workshop, seminars etc.
In addition, the Home Ministry has largest responsibilities and job descriptions; however it is poorest one in the sense of resources, infrastructure, physical facilities and technological development ignoring the importance and reality. The funniest thing is, there is e-governance section, through, the deployed people are general officials and are limited in MS office only, so what kinds of e-governance system should be expected from such mechanism? We have website for our Ministry, but it has not supplied needy information or any update to supply for visitor. We have official email address for inquiry and information but it is permanently inactive. So, what are the significances of such arrangements?
In observation, the Ministry of Home Affairs should need immediate restructure, reengineering, reform and empowerment to achieve better performance or high productively, otherwise it will be collapsed or remained passive in current situation too. Everyone may see & realize the situation that police revolts, rising kidnaps, murder, smugglings, mounting corruption, captivity, attacks, insurgency, strike, unwanted blockades, capture, situation of lawlessness, etc are in daily medias and news, Although, the Home Affairs is only limited in Singh Durbar buildings and speeches. Regarding the disaster, the most panic passiveness was observed while the Flood-Tsunami of Sapt-KoshiRiver destroyed few VDCs of Sunsari district and far western part of Nepal but Ministry were limited in press release and radio interview. Practically and legally too, the Home Ministry are responsible for all disaster prevention preparedness, rehabilitation and relief work but there were no any proactive actions were seen till few thousands of people lost their lives, liberty, property and products. So what kinds of actions were taken for such irresponsible officials and authorities? Who are responsible for such huge causality?
Every one may face the growing influence and buoyancy of YCL, Youth Force, Forum Force, Tarun Dasta and many more self-declared paramilitary private groups, who are popular for dadagiri rules. People claim they are better and convenient with these private paramilitary forces rather than Official Governmental security system, because the private paramilitary groups are very active, economy and found quick responsive and effective for general public. The public trust over official security system does no longer exist. People blames Governmental Security people are involve behind many more criminal and other illegal activities. In such situation how can people trust on State cateredSecurity, perhaps this is the reason, when someone is kidnapped or attacked or something like that... than sufferers use to consult criminals or stronger gang’s leaders to be prevented or protected form such situations. People are compelled for such seedy steps, it has been seen recently in many criminal incidents that were took place in Kathmandu valley, Birgunj, Biratnagar, & Pokhara etc. In short, existing Home Affairs is no more capable, reliable or effective to execute its assigned job and responsibilities accordance with the expectation of New Nepal.
To address the above discussed issues Home Affairs has to take following actions immediately to dodge from such feeble situation, otherwise, situation will be most horrible and Rule of Law or so called democratic rule will be changed into bad Governance or Rule of Crime in entire Nation.
Ministry and Home Secretary:
The Ministry should be immediately equipped with centrally coordinated civil and security data networks, Home Security Group, Service and Class should introduce separately in Civil Service Act, Home Secretary should make more centrally responsible for all security and Civil Administration accord with the job description of the Ministry, the direct controlling, supervisory, monitoring and other significant powers and authorities should be delegated to Home Ministry and its mechanisms for their assigned jobs and responsibilities.
Some technical human resources e.g. security experts, conflict management experts, data and network engineers, disaster management experts, immigration and migration experts etc should be recruited immediately as per need of the Ministry. The training, research and development division and its needy infrastructure should be provided to the Ministry. The personnel administration policy should be made more specialized, inclusive and rationale. Particularly, I am in favor to introduce a special Home nature oriented laws for Personnel Administration in Home Affairs since the nature of Home Ministry is totally different and more sensitive than others.
Further, the Ministry must introduce a central security task force under the command of Joint Secretary where representatives (at least DIG level representatives from Nepal Police, Arm Police, and NID) should be kept in the Ministry as regular unit. Further, Prime Minister, Home Minister, Chief Secretary or other channels must consult and coordinate with Home Secretary rather to make direct consultation with Police Chiefs excluding some exceptional cases. In conclusion, the Ministry and Home Secretary should make more responsible for the matter of security and other civil administration affairs. Further, the coordinative role of Ministry should be addressed in UN mission, diplomatic relation and other issues of terrorism & National Security. Concerning the National Investigation Department, the Ministry must develop a wing in the Ministry for better performance of National Investigation Department, it is now less productive and inefficient in many ways. Most of the political workers are working in this department where no expected productive is being achieved in anyways except feeding some criminals and political harvesters. However, some good cadres are also working in professional ways but they are very limited and shaded by nonprofessional flocks. Besides, organizational and position based chain of command &, span of control should be scientifically restructured with relevance to contemporary context of New Nepal.
Moreover, the Home Ministry is the authority to distribute financial support for poor, helpless, or compensation as per laws and directives but we found most of financial supports and compensations are being misuses in the absence of proper laws and directives, so effective criteria should be developed to block off the misuses of the National resources. Additionally, the Helicopter is also one of the major means of corruption; therefore, Ministry should buy its own 2 or 3 Helicopters for its need based uses despite renting continuously and paying ten times more in a year than a cost of a New Helicopter.
Additionally, the Home Affairs is also often criticized for bad performance in the areas of border administration, immigration, jail administration, human rights issues, and other management and administration issues. Therefore, some performance oriented empowerment tools should be immediately brought into practices for effective and efficient administration.
CDO issues:
Basically, the Chief District Officer (CDO) is the local representative of central Government, who might have maxim authorities to exercise the power of central Government accordance with the laws and decisions of Government. However, in practice the CDOs are the one of the worst post. They are practically responsible for many things in district but they are poor in terms of need based power, budgets, manpower, & technology. For instant CDO is responsible for maintaining peace and security, to enforce law and order, development administration etc, but CDO remains powerless, if his/her issued order or request is not implemented by Police, Army, or any respective authorities or officials. In addition, CDOs are responsible for corruption control and monitoring and supervisory, though CDO has no sufficient budget to buy even adequate stationary, so every time; CDO has to ask for help to the other office In-charges. So how can a CDO morally capable to take an action against such officers or In-charges who are helping to CDO? Therefore, CDOs are compelled to be silent while they have to take heed on any cases or complains against the other officials. So, CDOs must be equipped with all types of needy resources for their effective and efficient role and duties.
Further, CDO should be professional but the tendency of CDO posting is more political and slapdash. In short, it is seen that the Home is a highly professional Ministry but it is operated by non professional people. The political leadership uses to send their harvesters as CDO instead of professional people. The outsiders’ trend to entering as CDOs through backdoor is very bad tendency. Of course, they are being failure in comparison to original cadre of Home Affairs. The main intentions of such lopsided CDOs are to earn more, enforce the order of dishonest politicians, who are doing many things for their personal interest. In such situation, Government should develop certain hard and fast indicators about the eligibility of CDOs. The CDO should equip with adequate technology and machinery. The CDO is a principle coordinator, so the CDOs role might be deployed in performance based contract. Further, it should be also incorporated with all local level authorities e.g. police, in-charges of police, arm police etc. The all In-charge level officers are kept under direct supervision and control of CDO for effective governance and optimized service delivery as per need of New Nepal. The CDO’s report should be made mandatory for promotion, posting, transfer and other things by respective authorities.
Specially, the infrastructures, privileges and other facilities of CDOs are very poor. CDOs do not have even enough trainings or specific knowledge about public service delivery, security administration, crisis management, boarder administration, corruption control, conflict management, refugee handling, boarder security, disaster management, NGO monitoring etc, so they must be empowered as per their assigned role through National and international trainings and other essential opportunities. Specially, the Ministry should conduct some need based training packages and research for its cadres. Most of the CDOs still do not have enough knowledge about internet or intranet system, CDOs have very less knowledge on how to handle the diplomatic and other issues in local level such as behavior with UN agencies, ICRC, Embassies officials etc. Hence, they must be trained in needy subjects. The CDOs recommendation should also impose as mandatory by laws in development affairs, as the CDOs is only a sole representative of central authority in local level who has to maintain balance relation with diverse people and institution.
Police & Intelligence
The Nepal Police, Arm Police and Intelligence officials’ are the employees of State not a member staffs of particular political parties or politicians. Therefore, the transparent scientific performance indicators should be developed for accountability, posting, transfer, career development, promotion, demotion, reward and action. The transformation of traditional police & intelligence administration should be immediately restructured accordance with need of contemporary affairs of the Nation. The technological advancement is required to meet the emerging challenges for better security and service delivery arrangements. The digitalization and networking technological system should be adopted for service delivery and security management.
The most pathetic issues are crisis of financial resources, technical human resource, technology and physical facilities are serious part, so the necessary facilities and developmental advantages should be addressed by laws, at least accordance with SAARC standards. The Police, Intelligence, & Nepal Army should play coordinative role and synergetic effort in local level under the direct observation and coordination of CDOs.
In conclusion, the exiting situation of Home Ministry is very weak. The Home Ministry, Secretary, Regional Administration, CDOs, Polices, Immigration, Jail and Intelligences mechanisms are poor and in highly fragile condition. Currently, the country is suffering with lawlessness, and even our Government presence is in crisis in entire rural areas. Therefore, immediate empowerment of Home Affairs through restructure, reengineering, and betterment in legal, structural, financial, physical, personnel, academic, and development areas are most essential.
(Author is affiliated with Ministry of Home Affairs, Government of Nepal)
Nepal is under dual quandaries of conflict. One hand, it is a post conflict country since the Maoist joined the peace process after a decade long hideous arm insurgency, and other hand it has an ongoing conflict in Madhes part of Nepal where more than two dozens of ethnic insurgents are under war against state. Madhes is homeland of more than 50% population of Nepal. In this regards, the issues of conflict sensitive strategy is essential with relevance to Nepalese development affairs. Therefore, we are in deep transitional phase, so the conventional approach and methods of development will no longer valid and industrious in fragile post conflict or ongoing insurgency situation.
The most terrible dilemma is that our Government has been adopting the identical development approaches and methods that were practiced in beginning of development administration in Nepal. However, the name of the development program, package and approach are changed in various periods as per needy political version, though its practices are still remained in the same chassis.
“The development is not only affected by conflict, but development is often has an effect on conflict.” It has found that development is a basic cause for conflict and development is also a major treatment for minimization of conflict and its impacts. Hence, it is also a relevance avowal in Nepalese case. In Nepal, the Governmental as well as nongovernmental agencies are using their heavy efforts to recover and restructure the damages and losses of the developments by exercising various strategic plans and programs. We see plenty of ongoing development programs, and plans are under way, huge sectoral investments in education, heath, infrastructure, rehabilitation, industry, tourism, welfare, humanitarian assistance, physical facilities, package development, awareness etc are combating with the post conflict situation in Nepal. However, the productivity is found comparatively low or worthless due to the various weakness and traditionalist conduct in planning, policy and implementation phases of the developments. Further, it has seen in many cases that governmental authorities are failed even to use the full budget efficiently and effectively, in average less than 50% developmental budgets get fridge in majorities development sectors. Some of them are being greater sources of conflict too. Therefore, the CSS will be the most productive remedy to minimize possible unwanted outcomes and to optimize the expected productivity in pre to post conflict situation of any region or country. The conflict sensitive strategy is one of the most compulsory and efficient strategy for development and overall affairs for any conflict affected nations and zones. In Nepal, the approach was widely adopted in 2005 by DFID who had carried a study named as “Strategic Conflict Assessment of Nepal (a conflict analysis)”. This study helped DFID to understand detail paradox of Nepalese conflict. It enlightened that how CSS can helps an organization to perform better in conflict affected period and its zones. Further, the study helped to realize the possible ways and tips to achieve high output as per target and reduce tensions while working in conflict affected regions.
The conflict sensitive means to know about the situations where the organization works, matrix interaction among the organizational goals, activities and its context. It helps to avoid negative impacts and maximize positive ones. The conflict sensitivity strategy may be a skilled approach which may apply throughout planning, programming, implementation, monitoring and evaluation phases. In general, it may be used in pre to post activities works of respective development or administrative areas. However, the conflict analysis (CA) is a prerequisite of conflict sensitive strategy because the conflict analysis is the systematic study of the profile, causes, actors, and dynamics of conflict, which provide maxim answers of all possible “wh” questions about respective conflict. Therefore, the benefits of conflict sensitivity approaches are to help organization to achieve goal in strategic ways, it avoids the unwanted paradox of conflict, cost effective & target oriented. Further, the strategy also helps organization to protect and prevent from possible future conflict. In addition, the strategy helps Government and organization to achieve integrated productivity in systematic ways.
In Nepal, there are several projects and programs which often become kibosh or interrupt due to absence of conflict sensitivity strategy. Specially, in Nepalese case, we have thousands of central, regional and local level programs which has either totally failed or deflected from the expected bottom-line. Hence, the Government must have to introduce an official policy of conflict sensitive strategy for all developmental and administrative works in all possible relevant sectors. In observation, it has been seen that there are very limited or negligible coordination with conflict or related issues and its analysis while forming development plans i.e. infrastructure development, security management, health, education, water supply, irrigation, disaster management, water, energy, tourism, employment, industrialization, local governance, etc. Therefore, Nepal Government should immediately impose a rule or effective directives to adopt the conflict sensitive strategy into practice in entire development or possible administrative sectors of Nepal. Otherwise, the efforts and actions concerning the rehabilitation, reconstruction, restructuring, and development in post conflict situation or in conflict affected areas will prove not much different than a Nepali proverb as “putting the water into sand”, if the CSS will not take into consideration positively.
(Author is affiliated with Ministry of Home Affairs, Government of Nepal, khpushkar@gmail.com)
Nepal is under dual quandaries of conflict. One hand, it is a post conflict country since the Maoist joined the peace process after a decade long hideous arm insurgency, and other hand it has an ongoing conflict in Madhes part of Nepal where more than two dozens of ethnic insurgents are under war against state. Madhes is homeland of more than 50% population of Nepal. In this regards, the issues of conflict sensitive strategy is essential with relevance to Nepalese development affairs. Therefore, we are in deep transitional phase, so the conventional approach and methods of development will no longer valid and industrious in fragile post conflict or ongoing insurgency situation.
The most terrible dilemma is that our Government has been adopting the identical development approaches and methods that were practiced in beginning of development administration in Nepal. However, the name of the development progam, package and approach are changed in various periods as per needy political version, though its practices are still remained in the same chassis.
“The development is not only affected by conflict, but development is often has an effect on conflict.” It has found that development is a basic cause for conflict and development is also a major treatment for minimization of conflict and its impacts. Hence, it is also a relevance avowal in Nepalese case. In Nepal, the Governmental as well as nongovernmental agencies are using their heavy efforts to recover and restructure the damages and losses of the developments by exercising various strategic plans and programs. We see plenty of ongoing development programs, and plans are under way, huge sectorial investments in education, heath, infrastructure, rehabilitation, industry, tourism, welfare, humanitarian assistances, physical facilities, package development, awareness etc are combating with the post conflict situation in Nepal. However, the productivity is found comparatively low or worthless due to the various weakness and traditionalist conduct in planning, policy and implementation phases of the developments. Further, it has seen in many cases that governmental authorities are failed even to use the full budget efficiently and effectively, in average less than 50% developmental budgets get fridge in majorities development sectors. Some of them are being greater sources of conflict too. Therefore, the CSS will be the most productive remedy to minimize possible unwanted outcomes and to optimize the expected productivity in pre to post conflict situation of any region or country. The conflict sensitive strategy is one of the most compulsory and efficient strategy for development and overall affairs for any conflict affected nations and zones. In Nepal, the approach was widely adopted in 2005 by DFID who had carried a study named as “Strategic Conflict Assessment of Nepal (a conflict analysis)”. This study helped DFID to understand detail paradox of Nepalese conflict. It enlightened that how CSS can helps an organization to perform better in conflict affected period and its zones. Further, the study helped to realize the possible ways and tips to achieve high output as per target and reduce tensions while working in conflict affected regions.
The conflict sensitive means to know about the situations where the organization works, matrix interaction among the organizational goals, activities and its context. It helps to avoid negative impacts and maximize positive ones. The conflict sensitivity strategy may be a skilled approach which may apply throughout planning, programming, implementation, monitoring and evaluation phases. In general, it may be used in pre to post activities works of respective development or administrative areas. However, the conflict analysis (CA) is a prerequisite of conflict sensitive strategy because the conflict analysis is the systematic study of the profile, causes, actors, and dynamics of conflict, which provide maxim answers of all possible “wh” questions about respective conflict. Therefore, the benefits of conflict sensitivity approaches are to help organization to achieve goal in strategic ways, it avoids the unwanted paradox of conflict, cost effective & target oriented. Further, the strategy also helps organization to protect and prevent from possible future conflict. In addition, the strategy helps Government and organization to achieve integrated productivity in systematic ways.
In Nepal, there are several projects and programs which often become kibosh or interrupt due to absence of conflict sensitivity strategy. Specially, in Nepalese case, we have thousands of central, regional and local level programs which has either totally failed or deflected from the expected bottom-line. Hence, the Government must have to introduce an official policy of conflict sensitive strategy for all developmental and administrative works in all possible relevant sectors. In observation, it has been seen that there are very limited or negligible coordination with conflict or related issues and its analysis while forming development plans i.e. infrastructure development, security management, health, education, water supply, irrigation, disaster management, water, energy, tourism, employment, industrialization, local governances, etc. Therefore, Nepal Government should immediately impose a rule or effective directives to adopt the conflict sensitive strategy into practice in entire development or possible administrative sectors of Nepal. Otherwise, the efforts and actions concerning the rehabilitation, reconstruction, restructuring, and development in post conflict situation or in conflict affected areas will prove not much different than a Nepali proverb as “putting the water into sand”, if the CSS will not take into consideration positively.
(Author is affiliated with Ministry of Home Affairs, Government of Nepal, khpushkar@gmail.com)
Cordial Invitation to participate in an online exclusive discussion:
Dear All, we have decided to put the topic “Madhes, CA Election International Community”as major discussion topic of this week therefore; it would be great if you could write your comments, views, observation and suggestions on the issues. Please be informed that all significant writings and conversational transactions will be submitted to the concerned all governmental, parliamentary, judiciary, constitutional and political authorities and superior political personality of Nepal as well it could be possible to use your writings for media reports and research analyse too. Therefore, complete email signature in your writing would be highly appreciable.
1.Is it possible to conduct CA Election in due time without resolving the crisis of Madhes before CA election?
2.Since Madhes is suffering with various Arm and Unarmed Insurgencies, in such ground, is it possible to resolve such huge crisis charismatically within rest few days of CA election? If yes, how and what would be best ideas to resolve the issue in charismatic way?
3.What would be the best role and possible contribution of International community (including India and UNMIN) to resolve the Madhes issues and build a harmonious environment for CA election?
4.What about the legitimacy and validity of CA election if the majorities of Madhesi political powers as well as insurgents group ignore and disturb the CA election, in case government try to impose CA election without solving Madhesi issue? Does it suffer with the similar status as local election (7% vote were casted only) conducted during direct Gyanendra regime?
5.Is there any best idea, ways and approach to solve the Madhesi issues through peaceful means and conduct in CA election in due time? Please give some descriptive and empirical recommendations.
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