Nepal Monitor: The National Online Journal

Law enforcement provision is a constitutional obligation on the part of the government, and thus, the Nepal Police is the main administrative body of the government to safeguard people’s constitutional rights.

The major functions of the Nepal Police include maintaining public order, ensuring security in the community, reducing opportunities for the commission of crime, protecting life and property, and investigating crimes as well as apprehending offenders. Similarly, the Nepal Police are responsible for facilitating the orderly movement of people and vehicles on the roads, providing services and extending relief to those people who are in distress, and mediating in domestic and other social disputes.

During the autocratic regime of the king (Panchayat rule), the role of the police was focused mainly on safeguarding the interest of the ruling system. It was a mechanism largely mobilized by the state to suppress the civil and political rights of the people and to repress activities of political parties.

After the restoration of multi-party democracy in 1990, the police institution was expected to reform so as to make it complement public aspirations and the norms of democracy. To further this process, the Police Reform Commission was formed in 1992 to modernize the Nepal Police, but few changes evolved. The process of reform within the Nepal Police was badly hindered during and after the king’s regressive steps of October 2002 and February 2005. It is yet to be seen whether the establishment of Loktantra (democracy) in 2006 will catalyze reform in the future.

Human rights awareness in the Nepal Police
There was very scant awareness about the concept of human rights within the Nepal Police as an institution, and among its individual members, until 1990. Only very few high-level officers had an (page 89 ends here) educational background in law and thus they had studied only the basic concepts of human rights. What knowledge there was, however, was underutilized, as the police actively served the interests of autocratic regimes.

After the restoration of democracy in 1990, the international community started promoting the democratization of the police in Nepal. This encouraged several human rights organizations to begin an awareness-raising campaign.

This interaction between stakeholders helped to both raise awareness of human rights and highlight options for prompt reform of the police. From 1991, the Nepal Police has also benefited from participating in United Nations (UN) peacekeeping operations. This has presented opportunities for garnering greater knowledge of human rights. Many police officers, for example, have been attending training sessions, conferences and seminars, through and related to the UN, which has contributed to strengthening human rights aspects within the organization. These developments have resulted in an incorporation of human rights concepts in the training course for the Nepal Police.

Nepal Police and human rights
In 2002, the Human Rights Cell was established in the Nepal Police with the prime objectives of promoting human rights, constitutionalism and the rule of law at the organizational level.

The Human Rights Cell is also a mechanism that is responsible for facilitating training on human rights. Currently, the Human Rights Cell receives a large number of complaints about police abuses from civilians and some from police personnel. Enhancement of the capacity of the Human Rights Cell and mainstreaming human rights components within the organization are key priorities.

The Nepal Police has been conducting human rights orientation programs in all five regions of the country. In cooperation with the UN Office of the High Commissioner for Human Rights (OHCHR), they have prepared a human rights handbook for all personnel. Likewise, many organizations, such as Amnesty International and the International Committee of the Red Cross, have been providing training to police personnel on human rights and humanitarian law. The Nepal Army, the Armed Police Force (page 90 ends here) and the Ministry of Home Affairs have also established Human Rights Cells, which support the promoting of respect for human rights in policing.

In early 1996, the Women and Children Service Centre was established at the Nepal Police Headquarters, mobilizing female police officers, with an aim to control and prevent crime against women and children, to investigate and punish the perpetrators of those crimes according to law, and to safeguard the rights of the victims.

The Community Police and the Community Service Centres are other components of the Nepal Police that have been established throughout the country to minimize crimes such as human trafficking, drug abuse, gambling, prostitution, and other social crimes that deeply impact on society. The Community Police also aim to launch a public awareness program in order to minimize crime.

Key human rights concerns on policing in Nepal
While senior police officers can explain the general concept of human rights as defined in various international treaties and declarations, the institution as a whole is still dominated by an old mindset and value system that do not allow for democratic and human-rights-based functioning. From my interaction with several police officers and some junior police personnel, I can conclude that they still think human rights and the effective maintenance of law and order cannot go hand in hand; for instance, they cannot imagine criminal investigation without torture. Despite national as well as international pressure to make torture a criminal offence by law, successive governments have not able to do so because of the reluctance of the Nepal Police. However, torture was made a criminal offence by the Interim Constitution of 2007.

Another prime concern is the need to review all applicable laws related to policing. The Police Act of 1955 (amended for the sixth time in 1991), which regulates the functioning of Nepali police forces, does not have a notion of fundamental human rights principles. The Police Act does not, for example, include provisions holding police legally responsible for unlawful detention, mistreatment of detainees, or any other violations of the (page 91 ends here) rights of people in police custody. It also gives immunity to the Chief District Officer (CDO) or to any police personnel “for action taken by him in good faith while discharging his duties”. (See note 1)

Moreover, no reference is given to international human rights treaties, such as the Convention against Torture (CAT), to which Nepal is a party. Apart from the Human Rights Cell, there is no separate police authority dealing with complaints concerning human rights issues. Strengthening the capacity of the Human Rights Cell, and enhancing the role of the Women and Children Service Centre and the Community Policing, are key ways to improve human rights inclusion in law enforcement in Nepal.

Difficulties facing the Nepal Police
During the armed conflict with the Communist Party of Nepal (Maoist), the police were allegedly involved in numerous arbitrary arrests, torture, extra-judicial killings, disappearances, and other grave violations of human rights. This was the case even before the mobilization of the army. From 2001 to 2006, the government imposed a state of emergency after the collapse of the ceasefire and peace talks with the Maoists, and mobilized the army and joint police forces to contain the insurgency. This weakened the police in terms of capacity and morale. Since the restoration of peace and democratic governance in November 2006, no specific measures have been taken to reverse the negative practices utilized by the police during the conflict.

Responding to reform in a professional fashion and fostering an institutional culture respecting human rights principles are all major issues that require consideration before the challenge of post-conflict reform can be successful. Furthermore, a concept of ‘zero tolerance’ has to be followed for all those that violate human rights. A human rights approach to policing is essential to ensure courage, respect, integrity, service, professional excellence, and compassion in the police organization. (page 92 ends here)

Human rights and the police: current initiatives
Human rights became a core issue in Nepali politics after the restoration of democracy in 1990 when the then interim government acceded to several major international human rights treaties. At present, Nepal is a party to twenty UN (See note 2) and six International Labour Organization treaties. Similarly, it is also a party to the four Geneva Conventions of 1949. Fulfilling obligations under these international human rights and humanitarian treaties is a prime concern for the Nepal Police.

Human rights are yet to be established as a driving principle within the Nepal Police in terms of law and procedural mechanisms. There are some critical concerns regarding policing in the post-Janandolan-II period as it seems that the police are not fulfilling their duty. Police–criminal partnerships and the political misuse of police authority are common sources of dissatisfaction and complaint among the people.

A crucial question is how to reform the Nepal Police in order to have better performance and co-ordination with various stakeholders. Co-operation between the police and the populace based on the respect of human rights principles is a functional approach which can address the issues of accountability and transparency on a larger scale. Building a democratic police force is thus a prime concern which would serve the public and protect, rather than impede, human rights and freedom of the people by creating a secure environment, promoting democracy and adopting methods that are in accordance with the rule of law. How the overall state restructuring process deals with these issues is at the forefront of public debate.

A human rights agenda to reform Nepal Police
Human Rights Cells within the Nepal Police, the Nepal Army and the Armed Police Force have not been able to fulfill their prime (page 93 ends here) objectives. Protection and strengthening of human rights should therefore be considered of prime concern to all stakeholders participating in reform processes. This has to be accompanied by greater awareness of the principles of human rights among the rank and file.

The Government of Nepal must also eliminate the practice of politicizing law enforcement; this will aid in strengthening Nepal’s capacity to implement all of its international commitments, and to also undertake progressive reforms and eliminate nepotism and prejudice. This in turn will better enable the police to contribute to
a sustainable peace process through effective law enforcement practices.

The long-term success of police reform will depend on the adoption of a ‘serve the people first’ approach. Accountability, transparency and efficiency are key elements of this and a lack of these would be detrimental to the establishment of such an institution.

Furthermore, encouraging a culture of ‘serve the people first’, especially those who are economically and socially disadvantaged, will improve transparency, accountability and efficiency. Similarly, providing training on human rights for low-ranking policemen, incorporating human rights in other courses and winning public confidence through effective performance are important elements that need to be improved.

Notes

1. Report Submitted to the Special Rapporteur on Torture, Office of High Commissioner for Human Rights, on the Situation of Torture in Nepal Covered Period January 1992-June 2005, Human Rights Treaty Monitoring Coordination Committee (HRTMCC) Secretariat, INSEC.

2. 2 Including the International Covenant on Civil and Political Rights; the International Covenant on Economic, Social and Cultural Rights; the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; the Convention on the Rights of the Child, the Convention on the Elimination of All Forms of Discrimination against Women and the International Convention on the Elimination of All Forms of Racial Discrimination.

Subodh Raj Pyakurel is a human rights activist with the Informal Service Sector (INSEC). This article is from "Policing in Nepal: A collection of essays" published (September 2007, English version) by Saferword, a London-based non-profit. See pages 89-94

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