Such trends are against ethics, discipline, mutual shared vision, and collective will for continuous efforts. 28 (University, Alabama, 1955)Google Scholar. The proposal further stated that government should provide scholarship for formal education, educational, and professional training and foreign employment opportunities providing up to Rs 252,000 over a span of three years to each MA person. <> 110 0 obj 0000001556 00000 n 0000008397 00000 n It agreed to give final shape to all the documents prepared by the Special Committee, to carry forward the peace process by reaching agreements as soon as possible, and to implement them. However, on the other hand, the Maoists have strengthened their ties with China and the movements of Indian delegates in Nepal have been retrenched. 3.2); the Chief ofthe Army Staff ofthe Nepalese Army would be appointed by the Council of Ministers (Art. G B Yakthumba was appointed as its DIG and later he became IGP when Matrika Prasad Koirala was the prime minister. facebook. History of Armies (Re)Integration in Nepal. Objects, which are normally civilian objects, can, according to the military situation, become military objectives (E.g. The government reintegrated some personnel of Rakshya Dal and Civil Police (established by the Ranas) in the Nepal Police Force headed by Nar Bikram SJ Rana. Newer democracies, depending on their political and military situations, have had to work through overcorrecting towards one side or the other on the seesaw of government control. tive civilian control dan objective civilian control. TMS Edtior receives prize for Peace and Social Justice, TRANSCEND Track Record on Conflict Solution 19582018, Bishnu Pathak, PhD and Surendra Uprety TRANSCEND Media Service. It is to be remarkable of that none of Nepals elected government completed the full-five year tenure in six-decade because of India. Civilian control of the military is a doctrine in military and political science that places ultimate responsibility for a country 's strategic decision-making in the hands of the civilian political leadership, rather than professional military officers. Regular maintenance and replacement of lethal/non-lethal equipments, execution of development and construction tasks at all levels, participation in Peacekeeping Operations, and other directed by the Government (Art. 83 0 obj Bruneau, Thomas C. et al. 86 0 obj The NA should continue the functions of border security, security of the conservation areas, protected areas, banks, airports, power houses, telephone towers, central secretariat, and security of VIPs. endobj 19 For the boundaries between presidential and congressional military powers, see Corwin, Edward S., The President: Office and Powers (New York, 1948), chap, viGoogle Scholar; Ex Parte Milligan, 4 Wall 2 (1866); Berdahl, War Powers, passim; White, Howard, Executive Influence in Determining Military Policy in the United States (Urbana, 1924), chap. As a practical matter, when military forces are necessary to maintain domestic order and enforce the laws, state militia forces under state control i.e., that state's Army National Guard and/or Air National Guard are usually the force of first resort, followed by federalized state militia forces i.e., the Army National Guard and/or Air National Guard "federalized" as part of the U.S. Army and/or U.S. Air Force, with active federal forces (to include "federal" reserve component forces other than the National Guard) being the least politically palatable option. The control, mobilization, and management of the Nepal Army would be done by the Council of Ministers and the Council of Ministers should prepare and implement a detailed action plan for democratization, human rights observance, and inclusive character of the Army (Art. The post-1990 democratic government could not democratize the Army, rather ceased further recruitment and tried to restrict its role, encouraging instead the Nepal Police by allocating them more resources for seven years. The weapons storage depot will be composed of storage containers painted white and furnished with shelves for safe weapons storage and easy control, and with a complete inventory (weapon type, caliber and serial number). 0000007295 00000 n Aside from these brief articles and a few law review pieces, little scholarly work has been done on the National Guard and the National Guard Association. The main danger of this is that the "leaders" may opt for physical force or violence to achieve goals and desired outcomes rather than go through the democratic decision-making process. In the case of continued supervision, monitoring, and observation of the combatants of the Maoist Army (MA) in the main-and-satellite cantonments and Nepal Army in barracks and inspection of their arms and ammunition keeping them in the iron containers by UNMIN, four different voices were heard in public debates such as: (i) UNMIN yes, (ii) UNMIN No, (iii) UNMIN with a renewed mandate for a limited period, and (iv) the NA be out of UNMINs supervision and monitoring. 2005. Subjective civilian control exist in many forms; whereas, objective civilian control has only one. The MA meeting the existing practice and standards should be recruited in the security forces and be trained subsequently. The objective of control ("who" actor of "which" concerned institution) is for the officials of mainstream political parties, CMR in all levels, military forces (para-military, police, intelligence, etc.) In Federalist No. The remaining Rakshya Dal force was finally in 1960 transformed into Home Guard and some battalions, viz. (Log in options will check for institutional or personal access. The timing of control intends to synchronize with civilian control at the time of military operation, following the transparency and accountability mechanism. Civilian supremacy versus military supremacy has become the most confrontational issue between the executive power holder prime minister and the ceremonial president since Nepal began the peace process. The intra-party conflict made a fertile ground for the Rakshya Dal uprising (Bhusal: June 7th, 2002) and a section which was led by Nepals first doctor, Dr Kunwar Indrarjit Singh who eventually founded his own party and became the prime Minister for four months in 1957. They correlate the civilian and military authorities in a given society. Samuel This control is exercised by non-governmental institutions and non-official groups of society such as the media, various interest groups and associations, and research institutes, etc. %%EOF For all such control measures of the DCC, there should be an appropriate check and balance mechanism pursuing effectiveness, efficiency and legitimacy. While armed forces were built up during wartime, the pattern after every war up to and including World War II was to demobilize quickly and return to something approaching pre-war force levels. United States mixes objective and subjective civilian controllegitimizing military autonomy and expertise, while engineering significant civil-military overlap and collaboration into the structures and processes of government. ID cards were provided to each discharged person; the cards were required for the due process of rehabilitation package. Its main mechanisms were control by recruitment and selection, control by indoctrination, and control by organisation. He developed the theory further to reduce/abolish the numbers of universal conscription and citizen-soldiers on the basis of civil, military and citizenry dimensions and lesser emphasis on en mass military service (Haltiner: 2003:361). Among the objective control (maximization of professionalism), subjective control (autonomous military institution), vertical control (politico-civilian supremacy), and horizontal control (society-military link) theories, the former two are less effective, but the latter two would be the best assets in terms of CMR. Due to the Sino-Indian security concerns, CMR of Nepal has become a crucial issue. 600, 81st Cong., 2d Sess., pp. How is that different from "subjective" civilian control? This type of control could be established by promoting professionalism in the military, acknowledging their independence, and transforming them into a tool in the hands of the state. 28 Secretary of Defense, Semiannual Report, July 1 to December 31, 1954, p. 58; New York Times, January 13, 1956, p. 6Google Scholar; New York Herald Tribune, November 22, 1953, p. 1Google Scholar. 7.2 Democratic Civilian Control of the Maoist Army. The Civil Military Relations and Army (Re)integration does not depend upon Nepals concern alone. Firstly, different missions of various security forces and institutions and their potential roles form the basis of effectiveness. In accordance with the commitment expressed in the letter sent to the United Nations, Maoist Army should be confined within designated cantonment areas according to the AMMAA. 4. The UNMIN had initially registered 32,250 Maoist army personnel but only 19,602 (61% out of 32,250) were verified, comprising 15,756 (80%) men and 3,846 (20%) women stationed in 7 main and 21 satellite cantonments, keeping the weapons in iron containers. The Party Central Committee meeting ended on October 18th, 2010 elevating Vice-President XI Jinping (born June 1953), Vice President of the Central Military Commission and Principal of the Central Party School as successor to President Hu Jintao from 2012 (Richburg, October 18th, 2010). Due to PLAs willingness to continue supporting the rule of the Party and to obey the directives from the top party leaders, the PLAs influence also increased in selecting top civilian leaders, which in turn enhanced the PLAs ability to shape the domestic political environment. A standing military force, with an overgrown Executive, will not long be safe companions to liberty. The UNMIN said, any recruitment by either Nepal Army or the Maoist army constitutes a breach of the Comprehensive Peace Agreement and the Agreement on Monitoring of the Management of Arms and Armies (AMMAA) (Press release dated August 3rd, 2010). There is a recognized need to professionalize the mil-itary as much as possible. This is the `functional imperative', to use Samuel Huntington's term, that stems from the threats to society's security. Mao Zedong stated that "Our principle is that the Party commands the gun, and the gun must never be allowed to command the Party," reflecting the primacy of the Chinese Communist Party over the People's Liberation Army. The US is not a military junta | Lt Col Daniel L Davis (ret)", "Grassley, Banks Call on Milley Set Record Straight on Whether General Interceded in Chain of Command | U.S. The Maoist party, on the other hand, tried nothing to provide them, thinking that once they receive handsome resettlement package, they would initiate their normal life, but in this manner the party is losing its cadres. The argument that committing to Ukraine's defense was necessary to deter wars of aggression is flawed. 2064 BS). Other matters pertaining to Nepal Army shall be as provided for in the law (Art. The paper covers all the agreements on the issue in a fairly comprehensive manner taking into view points of various political parties. It further states, Examples of SSR and DDR in certain other countries have also been appropriately covered with the aim of guidelines to a possible solution in the present context of Nepal. 2829, 44; 1948, pp. Nielsen, Suzanne C. This paper discusses Pakistan's example of governance to explain why Samuel Huntington's argument that the model of objective civilian control is the best is not very convincing. The military officers implement the tasks as prescribed by their civil-political authority. The head of the state/government and party also acts as the supreme commander (non-professional or civilian person) of the military institution. In the case of Vietnam, 20% of the budget for the armed forces for 1989 was internally generated and 12% of military officials had participated directly in economic activities till 1994 (Thayer:1994). 13 Proceedings, NGA Convention, 1943, pp. Anticopyright: Editorials and articles originated on TMS may be freely reprinted, disseminated, translated and used as background material, provided an acknowledgement and link to the source, TMS: Civil-Military Relations: Theories to Practices, is included. 82 0 obj Pushpa Kamal Dahal (Supremo of the CPN-Maoist)-led government had fired the then Army Chief when he publicly expressed his dissatisfaction over (re)integration of the Maoist combatants in the Nepal Army and the challenge to civilian supremacy of the government emerged. The former Technical Committee of SIR was replaced by a Special Committee with a 12-member secretariat to control the MA. endobj It is still being practiced as in the past even after the Cultural Revolution. Fifth, a part of the discharged have already spread their hands with criminal forces or has already formed criminal gangs. It should be under the parliament, whereas the management and control should be done by the executive. This trend continued to increase. 0000022190 00000 n The information regarding all discharged persons was entered in the UN database. 144.5). 0000022016 00000 n "useRatesEcommerce": false 4.2.1). The UNMIN served in Nepal from January 23rd, 2007 to January 15, 2011, i.e. It had also stated that the Army would be confined within the barracks and their arms would not be used for or against any one. 1977. After the end of the Cold War, Karl W Haltiner differentiated and extended Huntingtons control theory. 51, Madison argued that to create a government that relied primarily on the good nature of the incumbent to ensure proper government was folly. Koirala and his half-brother Matrika P. Koirala. 1955, Sec. Cf. Eliot Cohen argues that, in practice for democracies, there is subjective control of the military aligned with the principle of civilian controlwhat he calls "an unequal dialogue" between the head of state and the most senior uniformed military leader. 4.2). Civilian control of the military is a doctrine in military and political science that places ultimate responsibility for a country's strategic decision-making in the hands of the civilian political leadership, rather than professional military officers.One author, paraphrasing Samuel P. Huntington's writings in The Soldier and the State, has summarized the civilian control ideal as "the proper . 4). In The Soldier and the State, Huntington argued for what he termed "objective civilian control", "focus[ing] on a politically neutral, autonomous, and professional officer corps". 14647Google Scholar. The general principle of DCC encompasses transparency and accountability. Particularly since the Department of Defense was established in 1947, the defense enterprise endobj 7.1 Democratic Civilian Control of Nepal Army. The Constitution makes both officers and civilian officials accountable to the people to provide for the common defense. For the continuing debate as to whether the war power was properly legislative or executive, see Farrand, , Records, I, 6466Google Scholar; Hamilton, Alexander, Works (New York, 12 vols., Federal, ed., 1904), IV, 14546Google Scholar; Madison, James, Writings (New York, 9 vols., 19001910), VI, 145Google Scholar; Berdahl, Clarence A., War Powers of the Executive in the United States (Univ. Civilian control of the military is very essential in order to have a strong and successful form of government. Civil Military Relations in Nepal and India. The purpose of the military is to defend society, not to define it. 3.4). India has a deep interest on it. October 19, 2009. Huntington believed that Clausewitz supplied the foundation for his concept of objective control. It also agreed to add four more members each from Nepal Army, Nepal Police, Armed Police Force and Maoist Army. The objective of control (who actor of which concerned institution) is for the officials of mainstream political parties, CMR in all levels, military forces (para-military, police, intelligence, etc.) Fourth, a section of them are trying to establish their own force in the name of retaliation against those (Maoists, NC, and UML leaders) who spoiled their normal life in the name of restoring Peoples Republic Nepal by eliminating semi-feudalism, semi-imperialism, and semi-extensionism or they hope to be recruited in state security forces for change. Fifth, (re)integration be as per the following criteria: (a) Choice of individual; (b) Basic qualitative requirements of each security forces with certain relaxations; (c) No unit/sub-unit wise integration; and (d) No integration at leadership level in NA.. India already suffers identity-based conflicts in more than half of the land (64 percent of area, in 18 out of 29 states) (Pathak: June 21, 2009). The Council of Ministers shall, with the consent of the political parties and by seeking the advice of the concerned committee of the parliament, formulate an extensive work plan for the democratization of the Army and implement it (Art 144.3). Crowe, Sarah and Logan, Marty. 2022. One author, paraphrasing Samuel P. Huntington's writings in The Soldier and the State, has summarized the civilian control ideal as "the proper subordination of a competent, professional military to the ends of policy as determined by civilian authority".[5]. 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