Formulation/drafting of National Security Policy

1. Formulation/drafting of National Security Policy Geja Sharma Wagle geja.sharma@gmail.com

2. In today’s class 1. Process : long and extensive 2. Content : sensitive and controversial 3. Challenges : daunting, unforeseeable and unpredictable 4. National and international context : varied 5. Lessons learned : positive and negative

3. International context…………………

4. Challenges to the US for national security of 21st century • International strategic landscape of the 21st century is shaped by complex and contradictory forces. The world is characterized by turmoil, and changing patterns of state-to-state relationship as well as conflicts within states caused by ethnic, religious, and nationalistic differences have become commonplace. • In this new environment, US national security policy and priorities have become complicated, often ambiguous, and even inconsistent- not because of immediate threat of major conventional war but rather the unpredictable, uncertain, and confusing characteristics of the international arena. • The international security landscape of the initial years of the 21st century has clouded the concept and meaning of US national security. The integration of national interest into meaningful national security policy has become more difficult. US national security: policy makers, processes & politics, 2008 Sam C Sarkesian, John Allen Williams & Stephen J. Cimbala

5. Process…………………

6. The process of drafting and approving • The government drafts (the President Office, the Prime Minister Office, the MoD, the MoHA, the NSC, the MoF, the MoFA, the NA, the APF, the NP 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 controls the military and the MoHA controls the police • The Parliament and the parliamentary oversight committees oversight, 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

7. Process of an NSP

8. Government decides it wants an NSP The government will decide that it wants a new National Security Policy if: The Strategic Situation is changed Internal political system is changed It would be useful at this stage for the government to outline their ideas and share guidelines to the drafting team.

9. Constitutes an NSP Team then assigns to draft the policy The government should constitute a high level professional and competent team to draft the policy who has enough knowledge and ideas on national and international security dimensions. The team should be: Senior and knowledgeable bureaucrats and security officers involve concerned ministries and security agencies

10. Strategic assessment: What Threats Does Nepal Face? The NSP team assess the threats facing Nepal. This process would include input from all security agencies and the public. Each agency would advise on threats specific to their area of expertise. The NID, and the intelligence capabilities of the NA, NP and AFP would lead this process.

11. Strategic Planning: What Does Nepal Need to do to protect itself from these threats This is possibly the most important part of the process. It will include: Internal and external threats assessment outline strategic, tactical and operational planning Clearly define the role of security agencies and deploy accordingly

12. Strategic Planning: What Does Nepal Need to do to protect itself from these threats (continued) MoD – external threats MoHA – internal threats MoFA – international relations and diplomacy The NA – how international threats can be defeated The NP/APF – how internal security can be ensured The NID – how intelligence can be used to help the government and agencies

13. Start drafting National Security Policy The drafting team should consult with all stakeholders of society before drafting. The drafting team should also consult with concerned government and security agencies before drafting. Once they complete the first draft, then the draft should send to the concerned stakeholders and the people seeking their feedback. They should finalise the draft as a first draft and should send to the PMO.

14. The draft should submit to relevant ministries seeking their feedback The draft should submit to the relevant ministries. The draft should revise incorporating their feedback.

15. NSP is submitted to the Cabinet The Cabinet should send the NSP to political parties and civil society seeking their feedback. The government should submit the NSP to the President (commander-in-chief) seeking his/her feedback. Then, the government should finalise the draft incorporating their feedback and should send to the parliament.

16. NSP is submitted to the Parliament Nonetheless, the NSP is not a law. Instead, it is a policy. Therefore, it is not mandatory to be endorsed by the parliament according to the prevalent practice. But it should submit and endorse because It is one of the major policy documents of the nation to ensure security of the nation and the people. Submitting to the parliament is a way of forging consensus among the political parties It will make the government and security agencies accountable to the people ensuring people’s participation in the policy drafting process. Because democratically elected representatives should make the final decision

17. Government of Nepal National Security Policy Home Ministry Internal and public security strategy Ministry of Defence National defence strategy Nepal Police Law enforcement and internal security strategy/tactics/operational plan Armed Police Force Armed insurgency and border security strategy/tactics/operational plan Nepal Army Military doctrine/tactics/operational plan

18. difference between policy and Strategy Policy Strategy National security strategy is a strategic document with specific strategies, tactics, programmes and operational plans based on policy to ensure peace and security of the nation and its people. National security policy is a comprehensive policy guideline which outlines the theoretical dimensions of defence of the Nepal and security of the people from internal and external threats ensuring people’s sovereignty and territorial integriety.

19. Content and principles…………………

20. Fundamental principles of national security policy Safeguard national unity, territorial integrity, national independence & people’s sovereignty Promote democratic principles & values, follow the rule of law & respect human rights Ensure federal, democratic, secular, plural & republican state through a new constitution Establish a peaceful, prosperous and plural nation Protect the long cherished identity, values, cultures & languages Establish warm, intimate & cordial relations with China & India & follow non interference & peaceful coexistence policy Follow people-centric rather than state & military centric security policy

21. cont • Restructure the state respecting the aspirations of the people (all class, caste, culture, ethnicity, gender etc) • Protect its people from internal & external threats, ensure public security of its citizens & establish the rule of law • Respect the diversity of society & follow true principles of plurality to mitigate the internal conflict • Resolve border disputes through diplomatic process, introduce border management & monitoring mechanisms & control transnational terrorism, crimes, smugglings & illegal activities • Peaceful co-existence, sustainable peace and political stability • Promotion of world peace through the contribution in international and regional security • Make security agencies accountable to the people, inclusive & human rights friendly

22. Conclusions Nepal is transforming into a plural, democratic, multi-ethnic, federal & secular state from a feudal & unitary Definition of national unity & security has widened, become more people-centric & based on democratic values & principles Significant policy shift on security & internal & external dynamics National security policy needs to be redefined as per the principles of federal democratic republic & human security Promoting democracy, the rule of law & human rights, ensuring plural & inclusive state & establishing political stability should be the basic principles

23. Conclusions Policy should finalize based on national consensus National security is key instrument in establishing political stability & political stability is pre-condition for national security Ongoing peace process must bring into the logical conclusion by permanently resolving the existing conflict & must ensure sustainable peace National Security Council should have the role of policy making, research & policy analysis End of impunity & ensure access to justice Professionalize security agencies

24. Debate Questions, clarifications and feedback!