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The Security Sector Legislation of the Federal Democratic Republic of Nepal


Hari Phuyal and Marlene Urscheler



This set of commentaries by international and Nepalese legal experts on the laws and regulations of the security sector in Nepal intends to support and stimulate the emerging debate in this area. It is hoped that jointly with the collection of the Security Sector Legislation of the Federal Democratic Republic of Nepal , this publication will turn out to be a useful tool for local stakeholders (Members of Parliament, civil society, political parties, security providers, etc.) to identify strengths and weaknesses of the current security sector legislation and to assess the need for review of the existing legislation, as well as well as the possible necessity for introducing new pieces of legislation. This analytical process of reviewing the security sector legislation constitutes an important aspect of the ongoing peace process in Nepal.




Philipp H. Fluri and Komal Pokhrel

Introduction: Security Related Laws, Policy and Mechanisms in Nepal: An Overview
Hari Phuyal

Part I: International Experts’ Commentaries on the Nepali Security Sector Legislation

1. Commentary on the Interim Constitution of Nepal
Ian Leigh

2. Commentary on the Army Act
Ian Leigh

3. Commentary on the Court Martial Regulation
Ian Leigh

4. Commentary on the Offence Against the State and Punishment Act
Ian Leigh

5. Commentary on the Public Security Act
Ian Leigh

6. Commentary on Legislation Relating to the Nepal Army and Human Rights
Ian Leigh

7. Commentary on the Instruments Governing the Recruitment of Gurkhas in the British and Indian Army
Ian Leigh

8. Commentary on the Armed Police Force Act and Armed Police Force Regulation
Michael F. Noone

9. Commentary on the Arms and Ammunition Act and Arms and Ammunition Regulation
Michael F. Noone

10. Commentary on the Explosive Substance Act
 Michael F. Noone

11. Commentary on the Act of Some Public Offences and Penalties
Michael F. Noone

12. Commentary on the Prison Act and Prison Regulation
Michael F. Noone

13. Commentary on the Forest Act and the Forest Regulation
Marlene Urscheler

14. Commentary on the National Parks and Wildlife Conservation Act
Marlene Urscheler

15. Commentary on the Police Act
Mindia Vashakmadze

16. Commentary on the Local Administration Act
Mindia Vashakmadze

17. Commentary on the Terrorist And Disruptive Activities Act and the Terrorist and Disruptive Activities Ordinance
Mindia Vashakmadze

18. Commentary on the Nepal Treaty Act
Mindia Vashakmadze

19. Commentary on the Provisions Concerning Private Security Guards
Mindia Vashakmadze

Part II: National Experts’ Commentaries on the Nepali Security Sector Legislation

20. Security Related Laws, Policies and Mechanisms in Nepal
Govinda Thapa

21. Overview of Security Sector-Related Laws
Bhimarjun Acharya

22. Issues to be Addressed by the New Security Policy of Nepal
Bishnu Raj Upreti

List of Contributors