Security Sector Transformation in the Changing Political Context: Special Reference to Nepalese Army

1. Introduction

Nepal is in the phase of critical transition from armed conflict to peace. The Political change of April 2006 in general and signing of the Comprehensive Agreement (CPA) between the Communist Party of Nepal (Maoist) [herein after referred as CPN (M)] and the Government of Nepal (GoN), promulgation of the Interim Constitution, formation of Interim Legislative Parliament and Interim Government, in specific are some of the fundamental building blocks for Nepal’s peace process and achieving broader socio-economic and political transformation. Facilitating and sustaining such transformation requires new vision, new constitutional framework, new institutional arrangement, new instruments and new commitment. Conduct, action and behaviour of the political parties, judiciary, security and bureaucracy are some of the fundamental institutions that determine success or failure of materializing fundamental socio-political transformation. Hence, substantial reorientation of these institutions is precondition to make them relevant to the changing political context. Among them, this paper discusses the security sector from the conflict transformation and peace building perspective.

Objective of this paper is to initiate a constructive debate on the need and approach of security sector transformation with especial reference to Nepal Army in the changing political context. The paper brings arguments on the relevance of transformation of security sector and attempts to answer the question why transformation of security sector in general and Nepal Army in particular is essential at the present context.

2. Transformation of security sector: A conceptual basis

Transformation of security sector is not much debated in Nepal. Even the definition of security sector is globally contested and difficult to find unanimous definition. OECD defines security sector as those state institutions which have a formal mandate to ensure the safety of the state and its citizens against acts of violence and coercion (OECD, 2004; cited in Kumar and Sharma, 2005). Security Sector Reform is a common concept globally used in the post-conflict literatures. However, this terminology is not yet happily accepted by key stakeholders in Nepal. Therefore, the term ‘security sector transformation’ (SST) is used in this paper, which is conceptually similar to security sector reform. SST is a process of transforming the organizations having legitimate authority to use or order the use of force such as police, army, paramilitary, local security units, intelligence and other legally defined arrangements (Greene, 2003). Changing roles, responsibilities and actions of security actors in a changing context in consistent with democratic norms, values and principles of good governance are some of the basic elements of SST (Schnabel and Ehrhart, 2005).

Fundamental principles of SST are civilian control and parliamentary oversight of security apparatus, right sizing and modernization and professionalisation of security forces, respecting rule of law, facilitating war to peace transition, etc (Upreti, 2006; OECD, 2004; DFID, 2002). SST is a concept of total reform in the shortcomings and weaknesses of security sector, new vision and neutrality that demands honest commitments and impartiality from both civilian government and security professionals. Appropriate trainings (both military and human rights, capacity building and technical competence), mainstreaming security issues into development policy and programme, delicate balance between confidentiality and transparency, strong co-ordination and operational mechanisms, relationship between military and civilian, building public awareness, strengthening constitutional and legal frameworks, periodic review of performance of security sector and strengthening of independent oversight mechanisms (e.g., public complaint bodies like human right commission, auditor general, legislative and judicial bodies, etc.) are some of the important elements of SST (David, 1997; Ball, 2002, Aditya et al., 2006; DFID, 2003; Ebo, 2003).

Transformation of security sector in general and military in specific is not only related to security aspects but also with social, political, economic, international and development issues. Security sector reform or restructuring or transformation has to address policy, legislative, international relations; structural and oversight issues set within standard democratic principles and values (DFID, 2003 and 2002). The classical security approach mainly focuses on legal monopoly of state to use the security instruments and security force for safeguarding people and national security specifically to defend against external threats. Further, the conventional notion of existence of military force is to prepare for, prevent and engage in war (Walt, 1991) and army, paramilitary and police forces, intelligence and secret services are used for this purpose. This conventional state centric approach of security operation is narrow and ignores modern notion of security that relates with holistic framework of human rights, livelihood security, environmental security, energy security in other words broader human security with peoples’ rights for dignified life (Upreti, 2006 and 2004; Baldwin, 1997). Hence, democratic governance is a central element of security sector restructuring (Kumar and Sharma, 2005; Upreti, 2003; Aditya et al, 2006). This is a seriously lacking issue in case of Nepal.

3. Changing political context and security sector transformation in Nepal

The 10 years of ‘people’s war’ waged by the CPN (M) since 1996 and the people’s movement of April 2006 and consequent achievements in peace process such as signing of the CPA; involvement of UN in assisting management of arms and armies, promulgation of the Interim Constitution and formation of the Interim Parliament and interim government and declare the date for the Constituent Assembly Election (on 22 November 2007) have paved the path for fundamental socio-political restructuring of Nepal.

Nepal is now at the crossroad of transformation from the centuries old feudal, top-down, autocratic and exclusionary monarchical regime to a modern nation ICG, 2006a; Upreti, 2006). The king’s 1st February 2005 coup greatly helped the major political parties to work together (popularly called as Seven Party Alliance or SPA) and to collaborate with the CPN (Maoist) to defeat the king. As a consequence, the 12-point understanding reached between them, which ultimately facilitated to launch the mass agitation in April and consequently defeated the king and brought the Maoists in mainstream. The CPA signed between the GoN and the CPN (Maoists) on 21 November 2006 has not only formally ended the armed conflict and but also outlined ways for restructuring of the unitary Nepali state.

The clause 4.7 of the Section Four of the CPA has mentioned the democratization of Nepal army. It states, “The cabinet would control, mobilize and manage the Nepali Army as per the new Military Act. The interim cabinet would prepare and implement the detailed action plan of democratization of the Nepali Army by taking suggestions from the concerned committee of the interim parliament. This includes works like determination of the right number of the Nepali Army, prepare the democratic structure reflecting the national and inclusive character, and train them on democratic principles and human rights values”.

Similarly, the Article 144 (3 and 4) of the Interim Constitution has stated similar provisions. Hence, the new political context has clearly envisioned restructuring the existing army structures. However, neither the CPA nor the Interim Constitution is able to visualize the comprehensive need of security sector restructuring which includes holistic approach, i.e., developing national security policy (by complementing International relations, defense policy, and economic policy; establishing a supreme and powerful national security apparatus such as national security council), reforming intelligence, restructuring army, police and other security apparatus. Isolated effort of restructuring of one component of security sector alone can not produce expected result and therefore need to opt for holistic approach. Military is obviously an extremely important component of the security sector and therefore transformation of military is the focus of this paper.

3.1 Steps and process for security sector transformation

Step 1: Analyze security sector
• Prioritize core needs and challenges
• Identify weaknesses and constraints
• Explore opportunities and potentials
Step 2: Formulate new policy, institutional and legislative framework based on the identified opportunities and potentials,
Step 3: Translate policy, institutional arrangement and legislative framework into action

3.2 Basis of security sector transformation:

Often the need of security sector transformation arises from:
• Transition form war (civil or inter-state) to peace
• Fundamental political change in the country
• Unanticipated security related crisis faced by the country
• Regal or gradual process of change

In any of these situations, important interrelated basis are:
• The context of the country (economic, political, security, etc.)
• International relation policy of the country
• National dance policy of the country

Further, in addition to these fundamental elements, there are two important operational elements of SST. They are:
• Building national consensus
• Building trust and confidence among the key stakeholders

The following figure shows interrelationship between the context, international policy and defense policy as a basis of transformation of security sector.

There are some established approaches of security sector reform widely used in post-conflict countries. OECD/DAC approach (OECD, 2004), European approach (Chalmers, 2000), UNDP approach (Bell, 2002) are some of the more common operational approaches (Kumar and Sharma, 2005). However, discussing about these approaches is beyond the scope of this paper.



3.4 Why security sector transformation

As Nepal is entering into new era, new vision, new policy and legal framework, new institutional arrangement, new orientation, new relations and change in behaviour of security forces are essential to meet the new challenges faced by the country in the 21st century. Meeting these needs requires fundamental transformation of security sector based on the holistic framework (defining new security policy based on the defense, international and economic policy; and human rights standards; social justice and good governance framework, recognizing Nepalese people as the ultimate source of power).

The new security policy of Nepal should not be limited to conventional security paradigm practiced by this country and must cover the new paradigm that includes:

• National defense,
• International relation,
• Territorial security,
• Human security,
• Environmental security,
• Livelihood security,
• Information security, and
• Energy security.

Even the current debate on security policy includes good governance framework, economic and development policy of the state. Conventional security is not enough to provide security to a nation and its people, especially in the developing countries. The Brandt Commission (1980) and Olaf Palme Commission (1982) have amply highlighted this issue. The Geneva Centre for Democratic Control of Armed Forces (DCAF) has vividly establishes relationship between reform of security centre and development by embedding reform of security sector into human development and helping poverty reduction and expanding options for life of poor people (Brzoska, 2003). Hence, Nepal needs to reorient security sector according to the new security paradigm that builds upon the above mentioned 7 essential elements.

4. Transformation of Nepalese Army

Despite the reservation of few critical commentators, the history of Nepal army is seen by many as the important contributor in state building process. The success of King Prithivinarayan Shah to unite several petty states into one Nepal was made by army. Historically, they were in fore front to resist external security threats. The Military Act 2063 (BS) has highlighted the reasons of very existence of the Nepal Army. It states: protection of the independence, sovereignty, national integrity and national unity of the nation.

In the modern state, security apparatus, bureaucratic apparatus and judicial apparatus are three fundamental permanent pillars of any state governing system. Army is major actor in security apparatus. These three structures provide basic services to citizens of a country. It is not possible to democratically govern a country without modernizing, professionalizing and establishing accountability of these fundamental state apparatus. Nepal Army is being one of the very important components of the security sector; its transformation in the changing political context is highly expected by both political actors and citizens of the country.

While discussing the transformation of Nepal army, four areas are crucial. They are:
1. Rule transformation (laws and regulations; guidelines, norms and values, etc.)
2. Content transformation (training, orientation, issues, structural arrangements, etc.)
3. Procedure transformation (behaviour and action, operational style, use of symbols, etc.)
4. Relation transformation (civil-military relation ; media policy; balancing transparency and confidentiality; accountability and civilian control and parliamentary oversight; human rights, etc.)

Transformation in these four crucial areas in the management and operation of the Nepal army is a integral part of the broader transformation of security sector of Nepal and that provide a sound example of state restructuring for new Nepal.

4.1 Existing areas of engagement of Nepal army

1. Safeguarding territorial integrity,
2. Mobilization during the internal conflict,
3. Development work:
a. Road construction,
b. Construction of bridges and other vital areas,
4. Nature conservation (protection of parks and reserves),
5. Disaster management and responding to crisis,
6. UN peace keeping,
7. Security of palaces and V/VIPs,
8. Rescue and recovery (mainly helicopter service in natural calamities and other disasters),
9. Protection of vital areas:
a. Airport security,
b. Boarder security,
c. Security of banks and fund transfer,
d. Telephone towers and relay stations,
e. Others.
10. Provisional emergency medical services to limited general public through Chhauni Military Hospital, Kathmandu.

These areas of engagement can be redefined, reoriented, combined, modified or reduced based on the comprehensive assessment of Nepal Army as outlined in the section 3.1 considering the changing context of Nepal and international security dynamics. Some of the existing area of engagement of Nepal army may not be needed in the changing context. There is an emerging debate on why army should be engage in national park and reserve as modern concept of people-park-partnership is more sustainable and effective. A large number of army deployed in the security of places and the royal families earlier is not needed as the government of Nepal has already shifted that role to police force. The engagement of security in development work such as construction of road and other infrastructures is also issue of debate in economic and social ground. Proliferation of small arms is rapidly increased during the period of armed conflict (Upreti and Nepali, 2006) where army can play more concrete role to control.




4.2 Why transformation of Nepal Army?

After the successful people’s movement in April 2006 and consequent political development in the country, the debate of restructuring of the state is advanced and therefore the security sector in general and the Nepal army in particular became integral part of the national state restructuring debate. Further, modernization and transformation is a continuous process of any vital components of a state to meet expectation of its citizens, new challenges, enhance international acceptability and to be more competent, efficient and effective. These all components are relevant in the case of Nepal Army.

At present, it is not clear how the holistic transformation of the security sector in general and Nepal army in specific proceeds mainly because what provisions the new constitution made by the new constituent assembly will make on security issues, international relations and economic issues are not clear. Further, contents, mandate, scope and form of federal structures are not clear at present. Without very clear constitutional provisions on the holistic national security and international policy and state’s political structure, it is quite difficult and even inappropriate to define all these crucial elements of the transformation of SST. Guiding principles, content, process, institutional arrangement and regulative and legal framework of the restructuring of the security sector and Nepal army will be more clear only after the promulgation of the new constitution made by the Constituent Assembly elected by Nepalese people. However, it is quite essential to debate all aspects of security sector transformation to make people aware for them to select right people for the constituent assembly election who could internalize the components and need of SST while preparing the new constitution.

4.2.1 Strengths and weaknesses of the Nepal army

Strengths Weaknesses
• Discipline and hard working,
• Professional,
• Good reputation in UN peace keeping operation in different parts of the world,
• Not ambitious for military rule (Never attempted to rule the country militarily),
• Not observed resistance to the change process of 2006. • Monarchist orientation and accountability (the king as supreme commander),
• Less representative (Madeshi, women, etc.),
• Inadequate civil-military relation,
• Controversy in human rights issues (Doramba, Nagarkot, Belbari, etc.),
• Lack of transparency (ration, welfare fund, etc.).

Nepal army was largely close structure in the Panchayat regime and it was presented as some thing especial and beyond the proper understanding of general public. The palace used this institution for strengthening its power and privileges. Even after the political change of 1990, Nepalese politicians and the government failed to regulate, monitor and oversight the army. They had largely perceived and interpreted Nepal army as a domain of the palace that was the precisely the interest of the palace was. Consequently, Nepal Army continued its loyalty and alignment with the palace. National Security Council totally failed to perform its role envisioned in the constitution but the party and the government either suspected or blamed for the non-cooperation of army to political parties and their government. Obviously, palace had made every effort to control the army and succeeded because of the culture, tradition and command structure, being king as supreme commander). But the foremost responsible for the weaknesses of Nepal army and related disputes in last 15 years was the National Security Council and Prime Minister/Defense Minister.

4.2.2 Image of Nepal Army

Image is powerful instrument either to influence society and people or to be hated, marginalized and neglected. Therefore, organizations and individuals always attempt to provide good image in society. Nepal army in the Panchayat era was perceived as a powerful, elite and especial institution out of reach of ordinary people because of use of language and words, action and response. Image of Nepal army after the 1990’s political change has to be examined into four stages. They are:

1. 1990 to 2001: Military was less controversial and largely accepted as a credible institution,

2. Army’s involvement in armed conflict: controversy started, Maoists targeted army as main enemy, cases of human rights abuses and disappearance by army increased, public fear towards army multiplied. Relation with civilians worsened. International Crisis Group has extensively reported about the involvement of the army in the armed conflict of Nepal .

3. Royal takeover of 1st February and April Movement: Army fell into most controversy and seriously lost its credibility domestically and internationally . General public widely perceived army as tool of the king to suspend democracy and establish autocracy . General people, civil society and political parties lost their faith towards army when it took violent approach to suppress janaandolan, The already deteriorated image of army from the 1st February coup was further worsened at international level because of its role in suppressing April 2006 people’s movement (ICG Report No 36, Feb 2005), as it was globally covered by international media. This stage became not only the most detrimental for the image and acceptance of Nepal army but also forced the political leaders to democratize its, as stated in the CPA.

4. Post Janadolon of April 2006: Though many analysts and opinion makers remained critical, Nepal Army largely showed its commitment to political change. Contrary to assumption of some analysts that the Nepal army would openly stands for the king, it cooperated with government, expressed its commitment to peace and started to positively respond to public expectation. Even it has started to take proactive role in initiating debate of transforming the Nepal army. Role of Ministry of Defense is crucial to reorient Nepal Army from its previous working procedures to meeting expectation of political changes. However, role of MoD was weak in transforming military and building confidence and trust of people towards the army.

Nepal army claims that it has already started to address the exclusion issues vehemently raised in public by recruiting women in non-technical officers, cadets, military police, etc., established Sabujgan in Jaleshqwor to include Madhesi community and Ripumardanigan in Hile of Dhankuta district to include Kirat community. Only Madhesi community is working in Sabujgan and Kirat community in Ripumardanigan . Nepal army claims that more than 50 castes and ethnic groups are working in army. This is good beginning.

The military welfare fund and financial contribution deducted from the army participating in UN peace keeping force is still a source of contention and facing a court case for the legal settlement. However, the image and credibility of Nepal Army in UK peace keeping (approximately 36000 NA personnel have so far participated in the UN peace keeping operation in different war-torn countries) was characterized by:
• Honest and sincere,
• Hard working and committed,
• Professional,
• Brave and able to work in adverse condition in different war-torn countries.

4.3 Holistic approach of transformation

Successful transformation of Nepal army depends upon the internalization of holistic approach of security sector restructuring. That means:
• Developing new national security policy (defense and international relation)
• Redefining National Security Council (existing arrangement of NSC is too narrow)
• Restructuring of Ministry of Defense
• Transforming
o Nepal Army
o Civilian police
o Armed police
• Redefining state intelligence (both security and civilian structures)
• Redefining and strengthening of oversight bodies (parliamentary, judicial and human rights bodies)
• Integration of qualified CPN (M)’s ‘People’s Liberation Army in national army, and
• Successful implementation of reconciliation and reintegration of security forces from both sides [state and CPN (M)] in modernized and transformed security structures of the state.

These all components of security sector are interrelated and complementary and therefore reforming one and leaving others unchanged can not be effective to meet the requirement of modernization, professionalisation and democratic governance of security components.

One of the fundamental points to be realized by the Nepalese people in general and political parties in specific is that national security and international policy must be develop by consensus (there should be in-depth study, serious discussion and wider interaction among and between political parties while formulating these policies) but once they are finalized, theses policies must be the out come of consensus and common for all political parties and must not change every time when different political parties come in power.

4.4 Basic principles of transformation of Nepal army

• Nepalese people as the ultimate source of power
• Accountability,
• Transparency,
• Representation,
• Rule of law and human rights,
• Social justice and good governance principles,
• International provisions and standards.

In the new army act, some principles have already been introduced, which gives good basis for following all the above mentioned principles in future.

4.5 Right sizing of Nepal army

The actual size of the Nepal army depends upon several factors. Some of them are:
• Long term national security policy,
• International power relations and Nepal’s position
• Economic feasibility of the state
• Possibility of mobilizing alternative security arrangements (e.g., military training to eligible citizens, mobilizing paramilitary, etc.),
• Major areas of engagement (3 categories: must be engaged, better to engage and less important to engage)
• Other factors

The CPA and the Interim Constitution have clearly stated to redefine the size of Nepal Army. There are several arguments against and in favour of reducing the existing size of Nepal army (the total strength of 91444 persons ). There can be three options:

• Downsizing of the existing strength,
• Upsizing of the existing strength,
• Keeping the existing strength.

4.5.1 Arguments for keeping the existing strength (or not drastically downsizing)

• Reducing the existing size seriously imbalance the command and control strengths particularly in senior positions,
• Need for deterrence if in case of unexpected external interference,
• Serious problems create in nature conservation,
• Affects development work carried out by Nepal army,
• Alters contribution in UN peace keeping,
• Affects in disaster management and risqué operation,
• Affects security of V/VIPs,
• Affects protection of vital areas such as airport security, security of banks and fund transfer, telephone towers and relay stations,
• Affects jail security,
• Requires strengths if internal conflict escalates.

4.5.2 Arguments for downsizing the existing size

• The expansion of the existing military size into double during the past 10 years was precisely because of the Maoist armed conflict and this strength is not needed after the end of the Maoist armed conflict,
• Nepal, a poor country can not sustain this big size of military as this is extremely expensive institution,
• Some of the conventional areas of military engagement should be terminated, such as palace security, parks and reserves security,
• Nepal can not militarily confront or compete with the giant neighbours irrespective of the large size of Nepal army as they are massively large in size and technologically highly advanced,
• If needed to deter, Nepalese citizens have to be train.

Further, the down sizing of army is vehemently coming form the CPN (Maoist). Maoist leader Prachanda in his first public appearance in the Prime Minister’s official residence said that Nepal needs only about twenty thousands army to provide military training to all eligible Nepalese people and security of the nation in his view is the responsibility of all citizens of the nation. If this is official line of the CPN (M) to provide military training all qualified Nepalese people, this bring another major debate on whether it is appropriate to go for that option, whether it is acceptable to Nepalese people. There will have also direct implication to the Maoists arguments to bring their PLA into state army. Why?

4.5.2.1 General criteria for downsizing:

• Termination of all persons who have completed their legally defined pension period (within 6 years in a phase wise basis),
• Termination of all who have bad record of human rights abuses,
• Termination of all who have record of punishment and disciplinary action,
• Accepting the resignation of those who have requested for resignation in the past but not accepted because of the armed conflict,
• One time decision for premature pension retirement (one or two years before the normal pension time depending upon the size to be reduced),
• Not filling the vacant positions created because of the completion of pension period and other means (exception may apply in some crucial positions),
• Golden handshake package, where appropriate,
• Other appropriate criteria defined by the government,
• Transferring the interested persons to police force and other appropriate security apparatus.

4.5.2.2 Social reintegration and other options for Nepal Army

If and when the decision is made to reduce the existing size of Nepal army, they have to be integrated in society. The existing standard procedure and package of reintegration practiced by Nepal Army has to be continued as the obvious option. However, if the downsizing is going to happen in relatively large scale, the following are potential areas of engagement:
• Exploring possibility of placing in the new arrangement of the permanent peace keeping force of UN. However, it requires especial efforts of government to convince the UN to recruit their peace keeping force from Nepal),
• Adjusting in private security sector: industrial security, security of public institutions, etc.
• Engage in skill based occupations, income generation,
• Creating special force of post-conflict reconstruction and development,
• Assigning civilian roles in the government structures where appropriate,
• Other relevant options.

4.6 Establishment of technical committee for transformation of Nepal army

Both the CPA and Interim Constitution have outlined the responsibility of the interim cabinet to prepare and implement the detailed action plan for democratization of the Nepali Army by taking suggestions from the concerned committees of the interim parliament. In addition to this provision there is a need of technical committee composed of PLA leaders, Nepal Army officers and experts to assist parliamentary committee and the interim government. This committee has to workout all necessary details and overcome technical complications in transforming Nepal army and integrating PLA. This committee needs to continue until the complete transformation of security sector, beyond the time of interim government.

4.7 The right time for transformation of the Nepal Army

Though not substantial work in this area is started, debate has already been initiated; small initiative such as revising the Military Act has been completed by the former parliament. The whole efforts so far have been focused to military, leaving holistic framework of transformation of security sector discussed in the section 4.3. Both the CPA and the Interim Constitution have to some extend opened the avenue to start the work on security sector transformation. However, it is extremely difficult to come up with clear proposal of SST on how to do because of fundamental unclearity existed at present about the future state’s structure (unitary or federal), which determines the areas of engagement of military. Nepal is relying on the existing National Defense policy, international policy and economic policy, which are most probably going to fundamentally change after the promulgation of the new constitution form the constituent assembly. Hence, it is not easy and even appropriate to fully implement SST before the promulgation of new constitution. However, Nepal has to start informed debate on SST. The following three stage strategy is useful to initiate SST:

4.7.1 Before the constituent assembly election:

• Sincere commitment at political level
• Debate and discussion,
• Analyzing security sector,
• Exploring opportunities and challenges by the ‘Technical Committee’.

4.7.2 After the constituent assembly election (during the period of constitution making)

• Ensuring the incorporation of fundamental principles of operating security sector (discussed in the section 4.4) in the new constitutional provisions,
• Providing conceptual framework for the creation of modern, professional and democratically operating security apparatus.

4.7.3 By the elected government after the promulgation of new constitution

• Preparation of comprehensive security sector transformation package,
• Execution of actual security sector reform according to the new constitutional provision by restructuring
o National Security Council
o MoD
o Nepal army,
o Nepal police
o Intelligence
o Other security apparatus.
5. Integration between Peoples Liberation Army and Nepal Army into a single structure

CPN (M) is constantly arguing to form new national army by combining both PLA and NA. Though Maoists have not made public about the detail on how to form national army, they have raised this issue very strongly. Further, the mistrust between the CPN (M) and Nepal Army is increased. Instead of engaging in constructive debate and discussion with Nepal Army, CPN (M) is much preoccupied with its war-time relation with it. Because of lack of sincere implementation of the provisions of the CPA, the increased mistrust between CPN (M) and Nepali Congress is also reflected in the relationship between CPN (M) and Nepal Army. It is extremely difficult to transform security sector in general and Nepal Army in particular without reaching to a national consensus at political level. National army, being a permanent state structure, does not belong to any particular party or political group and therefore strengthening national army is a collective responsibility of the citizens of Nepal.

So far the actual size of qualified PLA is not publicly known and it will be clear only after the completion of full verification process by UN in the cantonments. The actual number of PLA verified by UN will be eligible candidates for the integration if they meet some standard criteria.

Maoists have repeatedly publicly expressed that the existing size of army is not necessary for Nepal and it has to be reduced. This means that it will be difficult for them to justify their argument of incorporating all PLA in the army as it will expand size of the army. Hence, the down sizing means less number of PLA integration in the army. However, the determination of actual size is political decision but it should be based on the sound technical basis.

There is also a strong argument that the PLA is ideologically indoctrinated political cadres of one party and how they can be professionally neutral

5.1 Criteria of selection

The interim government need to decide selection criteria based on the through discussion with senior officials of PLA and Nepal army. However, the following can be general basis for selection to integrate in national army from the verified PLA:
• Giving up the party membership (neutrality principle)
• Physical fitness,
• Meeting the standard age requirement and other standard selection criteria,
• No record of human rights abuses,
• Inclusiveness and representativeness -caste, geographical regions and sex

5.2 Addressing issue of PLA

PLA qualified from the verification process and meeting the selection criteria for national army needs to be integrated into national army, according to the provisions made by the government based on the political consensus. However, all PLA staying in the cantonments will not be qualified for the national army and therefore those who do not meet the criteria have to be disarmed, demobilized and reintegrate in society. Disarming is a process of handing over of the arms used by individuals to the authorities who are responsible for the safe storage, redistribution or even to the destruction of those arms (Gleichmann et al., 2004). Demobilization is a act of either disbanding arms unit, reducing the number of combatants or an interim stage before reassembling entire armed forces (ibid:15). Reintegration is a social and economic process by which ex-combatants acquire civilian status and gain access to civilian forms of work and income (ibid: 15).

The Maoist leaders have so far out-rightly rejected the classical notion of disarmament, demobilization and reintegration (DDR). Their interpretation of DDR is an approach to apply for the defeated rebel force. However, the agreement between the government and the Maoists on management of arms and armies and involvement of UN Mission in Nepal (UNMIN) in the ongoing management of arms and armies is an integral part of DDR. Further, DDR does not apply only to defeated rebel force but also to state security force irrespective of wining or defeating.

After the completion of verification and registration of PLA by UNMIN, unqualified PLA have to be integrated into society, develop their capability to economically sustain livelihood, reestablish social relations, diffuse toxic memories and live normal life. This requires special provisions that are not discussed in this paper.

Further, once the government decides to integrate the registered PLA in Nepal Army based on the above criteria, those who do not meet the criteria have to adjust in different areas such as:
• Industrial security,
• Engage in skill based occupations (by providing training, resources and conducive environment),
• Adjusting in private security sector: industrial security, security of public institutions, etc.
• Creating special force of post-conflict reconstruction and development,
• Assigning civilian roles in the government structures where appropriate,
• Other options.

6 Role of international community in security sector transformation

In developing countries, military assistance is often provided by donors mainly under the framework of development cooperation (Brzoska, 2003; Ball, 2002). Global experiences of the conflict ridden and war torn counties show that international communities and aid agencies play leading role in security sector reform, DDR and post conflict development (Schnabel and Ehrhart, 2005). Their engagement in security sector reform has shown both positive and negative outcomes, depending upon the degree of involvement (facilitation to dictation and promotion to control of the process). The dominance of donors and aid agencies in the security sector restructuring, police and military reform, post conflict development and reconstruction is shaped by their financial support and associated so-called technical assistance.

In case of Nepal, we need donors support but not controlling the transformation process and imposing the restrictive conditions but to facilitate home-grown security sector transformation process, assisting in national capability building and providing required financial resources.

7 Challenges and opportunities

Challenges:
• Changing mindset of the key actors (both security and political),
• The mistrust and tension between the CPN (Maoists) and main political parties and consequent difficulties appeared in the broader peace process,
• Vested interests of certain domestic groups/individuals,
• Unwanted international influence,
• Managing transition smoothly,
• Proper reintegration of security forces (PLA, NA, APF) into society,
• Unanticipated or unintended consequences and risks and preparedness to deal on these uncertainties,
• Emergence of unanticipated and unintended issues once peace process faces difficulties.


Opportunities:
• People’s aspiration and pressure to decision makers from general public,
• Commitment made in the interim constitution and CPA,
• Realization by Nepal army for the need of change,
• Commitment from political parties including Maoists,
• Others.

Reference

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