Role of elected representatives on national security policy

1. Role of elected representatives on national security policy Geja Sharma Wagle geja.sharma@gmail.com

2. Introduction & Evolution • Sensitive, vague & complex • Divergent & varied definitions • Much debated but less defined term • Security is a contested and under developed concept • Concept emerged after the World War II • Traditionally it was state-&-military centric & rulers used to safeguard their regime on the pretext of security • But now it transformed into human security

3. The definition of national security is protecting national unity, independence, territorial integrity, people’s sovereignty, national interests & values …. not just the security of the country & its citizens, is a universal process of safeguarding national values & Interests against both internal & external threats that have the potential to undermine the security of the state, society & citizens. It must include not only freedom from undue fear of attack against sources of their prosperity & sovereignty, but also the reservation of the political, economic & social values - respect for universally accepted democratic principles & values, the rule of law, human rights, social justice & social security in a modern nation-state.

4. Nepali context of national security debate • King PrithviNarayan Shah & DibyoUpadesh – yam between two rocks • Traditional, military centric & defensive policy but strong foundation for national security • Rana rulers followed his principles, established good relations with then East-India company & retained in power • Signed a controversial Sugauli treaty with then East-India company to retain in power but compromised on national interest & sovereignty • Signed a controversial peace & friendship treaty in 1950 with India • No comprehensive written national security policy so far • No culture of consultations on security policy issues • The NSC, the MoD and the MoHA could not play coordinative and instrumental role in drafting policy • Consider exclusive domain of the government security agencies • High handedness of security agencies during the insurgency on security policy and priority • Controversial records of security agencies on the rule of law and human rights during the insurgency • Level of understanding is considerably low of policy makers so that security agencies are prevailing

5. Role of the Parliament and elected representatives • The Parliament and elected representatives are sovereign and they exercise their sovereign power on behalf of the sovereign people which is enshrined by the constitution • The Parliament and elected representatives draft, revise, ratify, promulgate and amendment the constitution • The Parliament and elected representatives revise, endorse, reject and amendment security policy and acts including others • The Parliament and elected representatives revise, endorse, reject and amendment the budget • The Parliament and elected representatives oversee, scrutinize and supervise the activities of the government and security agencies • The Parliament and elected representatives can summon the executive authority including chief of security agencies and carry out parliamentary inquiries and hearings • The Parliament declare and lift the state of emergency but the Parliament must approve the mibilization of the army • Transparency VS secrecy

6. Parliamentary sovereignty Parliamentary sovereignty (also called parliamentary supremacy or legislative supremacy) is a concept in the constitutional law of some democracies. It holds that the legislative body has absolute sovereignty, and is supreme over all other government institutions, including executive or judicial bodies. The concept also holds that the legislative body may change or repeal any previous legislation, and so that it is not bound by written law (in some cases, even a constitution) or by precedent. Parliamentary sovereignty may be contrasted with the doctrines of separation of powers, which limits the legislature's scope often to general law-making, and judicial review, where laws passed by the legislature may be declared invalid in certain circumstances.

7. The process of drafting, approving, implementing and oversight • The government drafts (the President Office, the Prime Minister Office, the MoD, the MoHA, the NSC, the MoF, the MoFA, the military, the paramilitary, the police etc.) • The parliament is sovereign and it has all authority to look after all the activities of the government on behalf of the people so that it can ratify, reject and revise • The president enacts • The security agencies implement the policies and acts • The MoD and the MoHA control the military and the police • The Parliament and the parliamentary oversight committees oversee, scrutinize and supervise the activities of the government and security agencies and can give directions and suggestions them • Security agencies are accountable to the government, the government is accountable to the parliament and the parliament is accountable to the people • Civil society including the media also oversight the activities of security agencies

8. Latest development on national security policy The government under the Premiership of Madhav Kumar Nepal had constituted a five-member Cabinet Committee under the then Defence Minister Bidhya Devi Bhandari on 24 December 2009 to draft three concept papers on - national security policy, democratization of the NA and strengthening and reforming the law enforcement agencies under the MoHA. The committee submitted its report to the then Prime Minister Nepal on 2 August 2010. Since the submission, the documents are under the consideration of the Cabinet. Of late, a three-member Minister-level committee has been formed by the Cabinet on March 27, 2012 under the leadership of Deputy Prime Minister and Home Minister Bijaya Kumar Gachchhadar, and Finance Minister Barsha Man Pun and Minister for Physical Planning and Works HridayeshTripathi are the members.

9. Parliamentarians should know • Concept, challenges, threats (internal and external) of security • Security policy (national, public, economic, health, food, environmental, community, personal, political, social security etc.) • Defence policy, defence and security budget, military doctrine, military functions, interrelations of security agencies, procurement, transparency, human rights laws and international humanitarian laws etc. • Role of security agencies ( the NA, the APF, the NP, the NID) • Role of government agencies on security policy drafting (the President Office , the Prime Minister Office, the MoD, the MoHA, the NSC, the MoF, the MoFA, the NA, the APF, the NP, the NID etc.) • Concept and principles of parliamentary sovereignty/supremacy and role of parliamentary oversight • How to ensure that security policies are consistent with international humanitarian and human rights law and principles

10. An example of Switzerland on Role of Parliament and referendum In Switzerland the Federal Parliament, the Federal Council (government) and the population take part in the process of ratifying international agreements. Important agreements for the country are not only subject to a parliamentary debate, but to a public debate as well. Society can express its opinion on negotiated agreements through referendum. In addition, society, by referendum, can give a mandate to the Federal Council to start or to stop negotiating future agreements. A referendum is required if the government wants to accede to a “collective security organisation or to a supranational community” (article 140.b of the Federal Constitution).

11. Interrelations of national security with other factors

12. Inter-relationship of security agencies

13. Government of Nepal National Security Policy Home Ministry Internal and public security policy/strategy Ministry of Defence National defence strategy Nepal Police Law enforcement and internal security strategy Armed Police Force Armed rebellion and border security strategy Nepal Army Military strategy/working policy/work-plan

14. Option for a Structure of Plans/process

15. National Security Policy Lead Agency: NSC and the PMO It Governs: All Agencies (MoD, MoHA, MoFA, NA, NP, APF, NID,) What is it: A plan which outlines how Nepal will protect itself against internal and external threats. This will include what agencies are responsible for what task.

16. National Defence Strategy Lead Agency: the MoD It Governs:theMoD and the Nepal Army What is it: A plan which outlines how Nepal will protect itself against external threats. This will include how tasks are expected of the Nepal Army and what capabilities the government will decide to acquire

17. Public Security Strategy Lead Agency: the MoHA It Governs: NP, APF, NID What is it: A plan which outlines how Nepal will protect itself against threats to the public security and safety. This will mostly cover criminal activities but may also include civil conflict or political instability. It will explain the roles of the NP, the APF and the NID. It may also explain what capabilities the public security agencies need to improve

18. Process of a National Security Policy

19. Reference literature • Emerging security challenges of Nepal • New security studies • Parliamentary oversight of the security sector • US national security: policy makers, processes & politics • NIPS policy papers • The international security • Survival • Website of IISS, NIPS, the MoD, the MoHA, the NSC, the army, the APF, the Police

20. Debate Questions, clarifications and feedback!