NA is ‘for statute, not democracy’

JUL 23 - Taking a serious exception to articles of the draft constitution, the Nepal Army has said as an apolitical institution, it is “accountable to the constitution but not to democratic principles”.

In a set of suggestions submitted to President Ram Baran Yadav, Prime Minister Sushil Koirala and Constituent Assembly Chairman Subas Nembang, the Army has raised reservations on eight Articles of the draft charter.

The Article 262 which mentions the NA as an organisation “committed to democratic principles, inclusive in character and national in form, for the protection of national sovereignty, integrity, independence and national unity”, contradicts with its nature, the NA argues. “An apolitical institution can never be accountable to the democratic principles.”

It has reservations over a provision that authorises the President to appoint and remove Chief of Army Staff (CoAS). Such provision could politicise the national security force as the CoAS retires either after completing his tenure or due to age limit under the existing Army Act, the Army has said. “The appointment of CoAS is a sensitive issue and there should be a clear provision that CoAS will be appointed by the President on the recommendation of Council of Ministers,” it says.

It has also strongly opposed the provision of Article 55 A(5) that includes Nepal Police and Armed Police Force as national security forces. Claiming itself a sole institution in national security system, it has said that there is no international practice to involve police in national security system.

The Army has demanded representation of the CoAS in the National Security Council, the authority for the mobilisation and control of the Army. Objecting to the provision of Article 261 that envisions a prime minister-led five-member council, comprising defence, home and foreign ministers as members, the Army has said the CoAS should be included as sixth member in the body. It has also demanded that the chief secretary be made the council’s secretary instead of the defence secretary, considering the importance and sensitive function of the council.

On other provisions, including the ones that allow Public Service Commission (PSC) to recruit Army staffers and the Commission for Investigation of Abuse of Authority (CIAA) to investigate graft charges against retired Army personnel. “Since decisions on the recruitment, appointment and promotion of army personnel are made as per the Nepal Army Act, it is not necessary to involve PSC in the process,” the Army says, adding as those found involved in corruption can be booked under the same Act.