NEPAL ARMY: COUNTER INSURGENCY AND HUMAN RIGHT

INTRODUCTION

In any nation, Armed Force are the only institutions legally recognized to carry arms and thus trained on their legitimate use for the safeguarding of national interests; such as territorial integrity, resources and its people, against any kind of threats; external and internal. Whilst dealing with internal threats the SF and its members in particular must overcome the temptation to act outside the law while dealing with terrorists, militants, guerrillas and so on, even though the process of law may appear cumbersome. The aim of the terrorists/militants will be to break the law and order whereas the SFs being a legitimate force will be bound by legal framework and thus should respect every aspect within the legal norms and values including Human Rights. Between 1995 and 2006, Nepal faced an insurgency problem where all security apparatus of the country were mobilized for the Counter-Insurgency (COIN) operations. While being mobilized during counter insurgency operations, in spite of Nepal Armys efforts to operate abiding by the domestic and international codes and standards of human rights and humanitarian law, there were some unfortunate incidents of Human Rights violations attributed to individuals and not policy driven.

1.2

Statement of problem

Whilst combating insurgency, Nepal army had always shown its respect for and zero tolerance policy on violation of Human Rights during COIN environment. However there had been allegations, some incidents being still referred to about the violation of HR by NA. It is for that reason interesting and worth researching the efforts made by NA for the protection and promotion of HR, during counter insurgency operations. This could only be ascertained by research on the NA efforts and commitments towards promotion and protection of HR in its COIN operations at policy level, operational/tactical level and individual level as well. The research questions for the paper thus will be as follows. What was the NAs policy framework for adherence and promotion of states and institutional

1.2.1

commitments to international and domestic codes and standards on HR?

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How was it put into implementation at all levels? What was the perceptions and level of understanding and practice at the individual soldiers

1.2.3 level?

1.2.4

What was the institutional response to violation of HR and the corresponding corrective and

punitive measures?

1.3

Objectives of the study

This paper has been prepared as term paper for partial fulfillment of second tutorial term of Command and Staff Course at Army Command and Staff College, Shivapuri, Kathmandu. In general, the objectives of this paper are as follows.

1.3.1

To understand the effort made by NA in respect of HR from policy level to unit level and their

implementation during COIN environment.

1.3.2

To appraise the level of understanding and practical implementation among troops in field.

1.4

Limitations of the study

Being an army officer and a student of military strategic studies, its a matter of privilege to get chance to conduct research about such a pertinent subject. This research paper will limit itself to find out the effort made by NA to protect the HR during CI operations and the lapses those need to be looked into. This paper will not deal with the allegations against the allegation of institutional violations of HR.

1.5

Research Methodology

There are reasons behind the selection of research topic and research design for this study.

1.5.1

Justification for the selection of the research topic 2

Human Right obligation for armed force is always been a major issue especially when armed force is involved in internal conflict or counter insurgency operations. Nepal Army in the past has worked in COIN environment and there have been cases where NA or rather its personnel had been accused for violating HR. Thus it is very significant to know the policies and framework for the institutional commitment and implementation of HR obligation, the lapses if there were any and responses that were provisioned.

1.5.2.

Research design

The research design of this study is explanatory and descriptive. The research work will be primarily done through a detailed study of the international laws and policies on HR and the Nepals commitment or position regarding them, the policies and directives issued by NA during the time of conflict, various research papers, journals, books published on the topic. Similarly to research the individual level of understanding of HR obligations in-depth one on one interviews and questionnaires will be conducted with the personnel involved in COIN operations at the time of conflict.

1.5.3. Sources of data

Most of the research work will be based on secondary data along with some primary data obtained from in-depth interviews conducted with the personnel involved in COIN operations. The information collected from published thesis, research paper, books and the information gathered from related websites will constitute the secondary data. The bibliography of sources is appended at the end of the study. For the primary data key informant interviews and questionnaire method will be adopted to get the information on the subject required.

Chapterization 1. 2. 3. 4. Introduction Research Methodology Review of the literature Armed force and HR in Counter insurgency 3

5. 6. 7.

NA strategies and policies for HR promotion during COIN Implementation of policies in various levels in NA. Conclusion and recommendation

REVIEW OF THE LITERATURES 1. International legal protection of Human Right in armed conflict, published by United Nation

Publication on 2011 This publication provides a thorough legal analysis and guidance to State authorities, human rights and humanitarian actors and others on the application of international human rights law and international humanitarian law for the protection of persons in armed conflict. Chapter I outline the legal framework within which both international human rights law and international humanitarian law apply in situations of armed conflict, identifying some sources of law, as well as the type of legal obligations imposed on the different parties to armed conflicts. It explains and compares the principles of both branches and also analyses why the duty bearers are of the obligations flowing from international humanitarian law and international human rights law. Chapter II analyses the formal requirements for the concurrent application of international human rights law and international humanitarian law, particularly from the perspective of the existence of an armed conflict and its territorial scope. Chapter III deals with accountability and explores the legal framework determining State and individual responsibility for violations of international human rights and humanitarian law. Chapter IV shows that the United Nations has a well-established practice of simultaneously applying international human rights law and international humanitarian law to situations of armed conflict, including in protection mandates for field activities, and provides numerous examples. 2. Impact of Internal Armed Conflict on Human Rights in Nepal, EPU research paper published

on13th issue of 2008.

This research paper highlights on the Human rights violation from both the government security forces and Maoist during Insurgency period. his research paper particularly in its third part discussed about the various impacts caused on Human right during the period of Maoist Insurgency. In this paper violation 4

of social, cultural, economic and social rights are discussed elaborately and the effects due to these violations are brought out. Though the main aim of my research paper will not be to focus on the allegations made against NA on HR violations, the impact presented by researcher in this reference paper will assist in presenting recommendations to NA about the measures to be taken in future.

References a. Law of Armed conflict b. Geneva conventions and protocols c. Interim constitution of Nepal d. Military Act 2063