1.6 Concept of National Security and Provisions in Nepal

Concept of National Security, Areas, and Existing Provisions in Nepal

Concept of National Security

The modern concept of national security developed after the establishment of the United Nations in 1945, and expanded globally after the US National Security Act of 1947.

Traditionally, national security focused on protecting borders, sovereignty, and citizens’ lives and property.

From the 1970s, a human-centered approach emerged, emphasizing:

• Human rights
• Economic, social, and environmental security
• Sustainable development
• Freedom from poverty, disease, hunger, and illiteracy

Thus, national security today combines traditional and modern human-centered aspects.

Definition of National Security

National security encompasses complete protection of the country in geographical, economic, social, and political dimensions. It includes:

• Protection of sovereignty and territorial integrity
• Physical, social, cultural, and economic aspects
• Environment, good governance, development, and human rights

Major challenges include extremism, separatism, refugee issues, organized crime, misuse of technology, climate change, natural disasters, overuse of resources, population growth, pandemics, food and water insecurity, and inequalities.

National Security Management

It is a multi-dimensional security strategy aimed at protecting the country, people, national interests, and public property, while strengthening political, economic, socio-cultural, and environmental aspects, promoting national unity.

It involves minimizing risks and safeguarding national interests from internal and external threats.

National Security Policy

The policy includes timely analysis of internal and external situations and coordination of political, economic, diplomatic, security, and informational tools to achieve national security goals.

Nepal's current National Security Policy was enacted in 2016 (2073 BS) and amended in 2018 (2075 BS), but full details remain confidential due to security concerns.

Limits and Balances in National Security Policy

Limits

• Geographical location
• Multi-ethnic, multilingual, multi-religious population
• Commitments to international treaties
• Availability of resources

Balances

• Use of natural resources vs. national interest protection
• Transparency vs. confidentiality
• Freedom vs. citizen duties
• Resource availability for policy implementation
• Public debate vs. expert advice
• National integrity vs. provincial and local autonomy
• Defense vs. internal security coordination
• Security mechanisms vs. timely strengthening

Guiding Principles for National Security

• Protect Nepal’s sovereignty, unity, independence, dignity, and interests
• Strengthen the federal democratic republic system
• Ensure peace, political stability, and development
• Uphold constitutional directives and policies
• Promote sustainable and prosperous economy
• Guarantee human security and social harmony
• Build professional, inclusive, accountable security agencies
• Foster cooperation between federal, provincial, and local levels
• Responsible use of natural resources

National Interests and Concerns

Key interests include protection of sovereignty, independence, unity, citizens’ security and rights, social harmony, environmental protection, and promotion of international peace.

Strategic concerns involve social development, capacity building, citizen welfare, governance, crime control, disaster prevention, counter-terrorism, and international cooperation.

Factors Affecting National Security

• Geographic location and open borders
• Political instability and state transformation
• Religious, ethnic, regional issues
• Economic development and discipline
• National and regional security threats
• Misuse of technology
• Global and regional security concerns

Resources and Measures for National Security

Resources

• Organized power of Nepalese people
• State security institutions
• Natural resources
• Contributions of Nepalese abroad
• Foreign assistance aligned with national interest

Measures

• Enforce constitution and laws
• Proper resource utilization
• Modernize security forces
• Political, economic, judicial, diplomatic, and military security measures
• Citizen awareness and duties
• Reliable intelligence and information systems
• Border management
• Effective diplomacy

Threats and Challenges

Political

• Government transitions and instability
• Polarization of unwanted groups
• Unconstitutional activities
• External interference

Legal

• Politicization of crime
• Weak rule of law
• Increased violence and organized crime
• Corruption and human trafficking

Socio-Economic

• Weak economy and unemployment
• Economic inequality and poverty
• Social conflicts and pandemics

Environmental and Disaster Risks

• Human-made and natural disasters
• Environmental degradation

Extremism and Terrorism

• Terrorism and illegal arms trafficking
• Unrest and smuggling

External Challenges

• Open international borders and encroachments
• Energy shortages
• Regional security environment and foreign interference

Responses to Challenges

• Strengthen constitutional and legal enforcement
• Regulate foreign entry and exit
• Enhance air and land security
• Improve governance
• Control crime and corruption
• Effective intelligence and information use
• Disaster risk management
• Build resilient economy and crime-fighting capability

Fundamental Objectives of National Security Policy

• Protect Nepal’s sovereignty, territorial integrity, and dignity
• Protect citizens, borders, economy, natural and cultural heritage
• Promote and protect human rights
• Pursue independent foreign policy based on UN principles
• Develop national security system for prosperity
• Utilize international treaties for national advantage
• Envision a strong, peaceful, and prosperous Nepal

National Security Priorities

1. Protection of Nepal’s nationality and interests
2. Safety and well-being of the people
3. Protection of citizens’ rights and freedoms
4. Economic security
5. Protection of state system
6. Security of science, technology, and information
7. Protection of culture and lifestyle
8. Protection of national resources and environment

Policies for Achieving National Security Goals

• Decentralize power to provincial and local levels
• Enhance military capabilities and protect assets
• Ensure peace and access to justice
• Promote harmony and tolerance
• Strengthen economy and investor confidence
• Eliminate violence, terrorism, separatism
• Control drugs, organized crime, illegal migration
• Protect natural resources
• Reduce poverty
• Control corruption
• Maintain law and order
• Increase public participation
• Coordinate disaster management
• Foster national security culture
• Protect industry, science, and technology
• Conduct foreign affairs per policy
• Preserve international law and treaties
• Cooperate for global peace

Main Strategies for Policy Implementation

• Make national security a citizen concern
• Develop culture against disorder, corruption, crime
• Obtain local, regional, and international cooperation
• Maintain coordination among federal, provincial, local levels
• Prioritize internal stability
• Analyze and minimize threats and risks
• Build security capacity and train personnel
• Develop consensus and professional expertise
• Engage stakeholders with responsibilities
• Combat violence and terrorism collectively
• Prevent weapons of mass destruction use
• Reform security agencies for future challenges
• Create consensus to end conflicts

Existing National Security Provisions in Nepal

Constitutional Provisions

• National unity and security policy (Article 51(k))
• National Security Council (Article 266)
• Emergency declaration (Article 273)
• Treaties approval process (Article 279)
• International relations directives (Articles 50(4), 51(d))
• Fundamental rights (Articles 16-46)

Policy Provisions

• National Security Policy, 2073 BS
• Decentralization
• Enhancement of defense
• Justice accessibility
• Promotion of social harmony

Legal Provisions

• Government functioning rules (2074 BS)
• Governance Act (2064 BS) and related regulations
• Human Rights Commission Act (2068 BS)
• Local Government Operation Act (2074 BS)
• Laws related to police, arms control, organized crime, military, economy, social security, environment, and consumer protection

Institutional Provisions

• Ministries of Home, Defense, Foreign Affairs
• National Security Council, chaired by Prime Minister
• Central Security Committee, chaired by Home Minister
• District Security Committees, chaired by Chief District Officer
• Human Rights Commission
• Provincial and local governments

Enhancing Internal and External Security

• Political parties unite on national security
• Deploy security officials professionally without political interference
• Uphold rule of law and prevent politicization of crime
• Strengthen the economy
• Conduct wise and national interest-focused foreign policy
• Develop political and administrative capacity

Conclusion

Ensuring a secure system benefits individuals, society, and the nation. Nepal's existing framework for national security is commendable. Addressing security challenges, ending impunity, and maintaining peace are urgent needs.

Protecting citizens' rights and freedoms and creating an environment where people can live with dignity and contribute to nation-building is the positive outcome of effective security management.

The commitment of patriotic political leadership, active security agencies, and citizen awareness are essential to transform the concept of national security into reality.