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Background

The Security Sector Legislation of the Federal Democratic Republic of Nepal

editors

Hari Phuyal

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Abstract

This compendium of Nepalese security sector legislation, which is seen as an important tool for everyone engaging in the security sector transformation process in Nepal, intends to create the necessary basis for further in-depth discussions on related issues. This overview of the existing legislation will hopefully facilitate the legislator’s task to identify the shape of the future security sector and preconditions of effective parliamentary oversight of the security sector. Two key issue that remain major challenges in the ongoing peace process.

DCAF has been invited by a group of five countries (Denmark, Finland, Norway, Switzerland and UK) to assist in the implementation of a security sector reform programme in Nepal. The programme seeks to empower the parliament as well as the civil society and security institutions on good governance of the security sector. Based on a needs assessment as part of this programme, DCAF prioritised this publication. To have an overview of the legislation relating to the security sector was a request stemming from discussions with various stakeholders, including security providers, politicians and representatives of the civil society. As the Nepali security sector legislation has until now not been easily available and accessible its implementation remained opaque and difficult to oversee.

Ultimately, only through effective oversight by their elected representatives, Nepalese citizens can steer the security governance to pursue the way towards democracy and avoid further violent confrontations. It is therefore essential that legislators and other stakeholders (civil society, media, Nepali security institutions and general public) are aware of, and have easy access to the legal framework for security provision and governance in order to ensure abidance to the rule of law.

This publication is a response to that need, and follows in the list of DCAF’s publications of the security laws of several states undergoing security sector reform, including Liberia, Ukraine, Georgia, Guatemala and Turkey.

Description

CONTENTS

Acknowledgements

Preface
Philipp Fluri and Komal Pokhrel

Part I – The General Framework
1. Interim Constitution of Nepal, 2063 (2007)
2. Nepal Treaty Act, 2047 (1990)

Part II – The Legislative Framework of the Security Providers
3. Army Act, 2063 (2006)
4. Armed Police Force Act, 2058 (2001)
5. Armed Police Force Regulation, 2060 (2003)
6. Police Act, 2012 (1955)
7. Police Regulation, 2049 (1992)
8. The Provisions Concerning Private Security Guards
9. Instruments Governing the Recruitment of Gurkhasin British and Indian Army
10. The Local Administration Act, 2028 (1971)

Part III – The Legislative Framework for Ensuring State Security
11. The Espionage Act, 2018 (1962)
12. The Nepal Special Service Act, 2042 (1985)
13. Offence Against State And Punishment Act, 2046 (1989)
14. Public Security Act, 2046 (1989)
15. Terrorist and Disruptive Activities Act (Prevention and Punishment),2058 (2002) (expired)
16. Terrorist and Disruptive Activities Ordinance (Control and Punishment)(2006) (expired)
17. The Essential Goods Control (Empowerment) Act, 2017 (1961)
18. The Essential Services Mobilization Act, 2014 (1957)
19. The State Cases Act, 2049 (1992)
20. The State Cases Regulation, 2055 (1998)
21. Some Public (Offences And Penalties) Act, 2027 (1970)

Part IV – The Legislative Framework of Law Enforcement and Detention
22. Prison Act, 2019 (1962)
23. Prison Regulations, 2020 (1963)
24. Forest Act, 2049 (1993)
25. Forest Regulation, 2051 (1995)
26. National Parks And Wildlife Conservation Act, 2029 (1973)

Part V – The Legislative Framework for Review and Complaint Procedures
27. Court Martial Regulation, 2064 (2007)
28. Nepal Army and Human Rights
29. The Torture Compensation Act, 2052 (1996)
30. The Human Rights Commission Act, 2053 (1997)

Part VI – The Legislative Framework for Migration
31. The Extradition Act, 2055 (1989)
32. The Immigration Act, 2049 (1992)
33. The Immigration Regulation, 2051 (1994)
34. The Passport Act, 2024 (1997)
5. The Passport Regulations, 2059 (2003)

Part VII – The Legislative Framework for Arms and Explosives
36. Explosive Substance Act, 2018 (1961)
37. Arms and Ammunition Act, 2019 (1963)
38. Arms and Ammunition Regulation, 1972