PEACE BATTLE
Context of Civil Military Relation:
Democratization of Nepal Army and Intregation, Rehabilitation of PLA
Khimlal Devkota
Civil Military Relations is can be taken from different prespective. But here we are talking about Civilian Controlled of Armed forces. If there is no civilian control over armed forces then we can’t imagine Democratic system. If there is no democratic control of armed forces even then not allowed claiming such system is democratic one. So Civil Military Relations or Democratic control of armed forces is a very relevant to democratic system.
Now Nepal is in transition everywhere we are talking about civil military relation and democratic control of armed forces. Every issue must be taken its account in their own context. So Nepal is in different context. It has their own history Army always loyal to the king. Armed forces were established for defense of monarchy. Political system itself was linked with monarchy. Anti-monarchial voices all are accused as anti National elements.
Almost all movement and struggles were against political system which is led by the king and defended by the armed forces. Almost all movement were ended in agreement and another agreement also always happened incidents during the movement must be investigated basically atrocities by armed forces must be take in court of law.
These are the realities time and again happened in Nepal. In this context we are ready to democratization of armed forces specially Nepal Army.
What are civil military relations?
If any country which is ruled by Military of course the civil military relation would be a military supremacy but in civilian regime or democratic regime military wings must be under civilian control and civilian supremacy always obeyed by even military wings and armed forces.
Nepalese context: Issue jumped out
Civil military relations in Nepal specific can be taken by two angles. One is principle another is practice. What is in principles it is another things but what is in practice it is important one.
Principle matters it is ok but in practice Nepalese armed forces basically Nepal Army is never in civilian control this is a general understanding.
Constitution and NA
Nepal has changed from a kingdom to the federal Republic. Traditional relations of army with the monarch have to be replaced with the new relationship with the elected and legitimate people's representative. Therefore the constitution of Nepal has clearly spelt the nature of Nepal army. The provision regarding the Nepal army can be summarized as mentioned below.
The president on the recommendation of the Council of ministers shall control, mobilize, and manage the Nepal army in accordance with the law. The council of ministers shall, with the consent of the existing political parties and by seeking the advice of the concerned committee of the legislative parliament, formulate an extensive work plan for the democratization of Nepal Army and implement it. In accord the above mention provision in formulating and implementing the action plan , determination of the appropriate number of Nepal army, its democratic structure and national and inclusive character shall be developed and training shall be imparted to the army in accordance with the norms and values of democracy and human rights.. In order to give the national character and make it inclusive, enlisting of Madhesi, indigenous ethnic groups Dalits women and people from the backward regions into the armed forces on the basis of the principles of equality and inclusiveness shall be assured by law.
The word democratization of the armed forces can be explained in terms of three crucial elements. They are: (a) the relationship between the army and the state, (b) internal organizational values and structure of the army and (c) the link between the army and the general public.
PLA and Constitution
Article 146 of the constitution mentioned that,The council of Ministers shall form a special committee representing the majore political parties in the constituent assembly to supervise,intregate and rehabilitate the combatents of the maoist Army,and the functions,duties and powers of the committee shall be as determined by the council of Ministers.
Likewise article 147 of the constitution said that, Others arrangements regarding the management and monitoring of the arms and the army shall be carried out in accordance with the CPA concluded between the Government of Nepal and CPN-Maoist on Nov.21 2006 and Agreement on the Monitering of the Management of Arms and Armies reached on Dec 8,2006.
Comprehensive Peace Agreement:
In a ceremony held at the Birendra International Convention Center in capital Kathmandu on November 21, 2006, Prime Minister Girija Prasad Koirala and Maoist chairman Prachanda signed the Comprehensive Peace Agreement (CPA) 2006.
As per the provision in comprehensive peace agreement the Council of Ministers shall control, mobilize and manage the Nepali Army as per the military Act. The Interim Council of Ministers shall prepare and implement the detailed action plan of the democratization of the Nepali Army by taking suggestions from the concerned committee of the Interim Parliament. This shall include tasks such as determining the right number of the Nepali Army, preparing the democratic structure reflecting the national and inclusive character and training them as per the democratic principles and the values of the human rights.
Nepal Army shall be giving continuity to the tasks such as boarder security, security of the conservation areas, protected areas, banks airports, power house, telephone tower, central secretariat and security of VIPs. The Nepali Army will continue with regular training including live fire exercises. Maintenance and replacement of lethal weapons will take place only with the determination of the interim government or agreement by both parties. Furthermore, the government shall be taking care of the security arrangement of the Maoist leaders.
Core issues related with NA:
About NA Comprehensive Peace Accord and Interim Constitution has clearly mentioned that it has to be democratization, Inclusiveness, appropriate number, National Character, and abiding human rights standard.
Core issue related with PLA:
About PLA same documents CPA and IC has clearly mentioned that monitoring, Integration and rehabilitation by special cabinet committee.
Creating trouble:
From the side of NA, After Army act it is already became democratized, accepting republican is a good credentials of the NA. It is professional and National Army it can’t compare with rebellion army. Rebellion and ideological indoctrinated combatant cant be integrated in to National army. Democratization of Army is not appropriate word whatever it is mentioned in constitution of CPA.PLA should be unarmed as DDR theory is need to be applied.
From the side of PLA, we are the winner army we fought for republican federalism and constituent assembly finally we got it so there is no chance to dissolve it but it is need to be dissolve NA as a defeated army. We 19602 registered and verified by the UNMIN is a sufficient proof to integration. PLA is an equivalent to RNA so it must be treat as same manner.
Opportunities:
NA which is fully trained with conventional war and PLA are trained as guerrilla warfare. Professionalism of NA and commitment towards cause from the PLA is a good asset for integration. Enthusiasm of the PLA and Institutionalized set up of NA both incredible both character must be a matter of promotion and protection. Federalism is a new concept for NA a PLA both of them are open for new notion and idea. NA as a forces which is loyal to Monarchy, as a same manner PLA, as a forces loyal to the Maoist party, and its thoughts Maoism. Now situation is transition so transition period is a good chance for new adaptation.
Sources of problems:
International and external forces those were never in favor of peace they at any coast trying to creating problems and re initiate war this is a fundamental factor for creating problems.
Political calculation is a hurdle for us. Peace process itself benefited to Maoist is an understanding of others parties including international communities if so why giving benefit to them? This is also a big cause and source of problems.
Perhaps it might be within the PLA and Maoist party too why peace? War also was not bad? This notion also working somewhere some of the observer opined like such.
Four formulas as source of problem:
A Due to lack of knowledge,
NA and allies felt that Maoist wanted to dismantle whole system including NA and capturing the power. PLA side is also not different, NA trying to finish PLA and Maoist party and creating obstacle for change and retain and regain status-quo. To some extent retreat back and revive monarchy in other form. Both are results of mistrust.
B Due to miss-information
Misinformed is also another source of problems. Both are fought each other during conflict time. Still they are in preparation suspicion each other. What actions and thinking each parties others perceptions is completely as if war preparation is a big hurdles.
C Due to taking positions,
Each party is not in mood of negotiations. Whatever they are thinking and doing not for negotiation but for taking and showing position. Position never see the right and wrong and cause too. Position is position one side taking one logic it is because his opponent taking that and this. This is a rule of position. Our partners are falling in these types of positioning game.
D Due to philosophical causes,
NA and PLA both of them are from different schooling and different philosophy. What they indoctrinated each other it is very difficult to skip from them. So because of Philosophy problems are deepening.
Solution:
But I am optimistic if both parties really honest to solve this problems it is easy game. Lack of knowledge let them upgrade their knowledge. Those who are suffering from misinformed let rightly informed them. About taking positioning let start discuss and dialogue within the table not in out air and open theater, try to convince each other. Big problems could be a philosophical one. Everybody knows that transition is a period of none in this situation no one philosophy can applicable. So compromise is an only way-out.
Conclusion:
So Integration and rehabilitation issue is more being complicated not because of issue itself but because of ego and position. Issues and contents are not so important but intentions are more important and dangerous. So because of warlike mentality and intentions peace agreements and obligations are shadowed. Interrogation and rehabilitations issues are also not taking seriously by the political parties and concerned authorities. Nothing progress is taking place but positions and problems are in series. First needed to clear their mind switched to positive intentions then start issues one by one? Till today fruitful discussion has never taking place only position with mala-fide intentions and altereour motive spread out.
