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Security Sector Governance
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Basis of State Restructuring in Nepal
Identity Inclusiveness Ethnic Linguistic Cultural Decentralization Deprived Marginalized Under rep Geography Govt Svc at local level
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Power Sharing in Federalism
Constitution provides specific powers to each level of Govts. Delegated Powers – Assigned to the Fed Govt. e.g. regulation of interstate and international trade, coinage and currency, war, armed forces, postal system, copyrights and treaties. Reserved Powers – Powers not delegated to the Fed Govt are to be reserved or saved for the State Govts e.g. establish schools, local governance, and police powers. Concurrent Powers – Powers both the fed and state govts share simultaneously. (Power to tax, courts, and roads) Implied Powers –NOT delegated in the Constitution, but allowed e.g. power “to make all laws which shall be necessary and proper for carrying into execution the foregoing powers.
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F. Democratic Republic of Nepal
Distribution of Power Separation of Power Legislature Executive Judiciary Bi-cameral Parliament Federal Cabinet Supreme Court Federal Provincial Legislature ProvincialCabinet High Court Provincial District CDO (?) High Court Local Council Mayors Local Dy Mayors Quasi judicial
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Single sovereign Country
Federalism in Nepal Binding Factor Constitution /Law Foreign Policy Single sovereign Country Defence Policy State -1 Co-operation, co-existence and Co-ordination State -7 State -2 State -6 State -3 State -5 State -4 753 local bodies
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Co-operation, co-existence & co-ordination
Three Tires of Governance Constitutional Provision Co-operation, co-existence & co-ordination in Security Sector
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Federal Democratic Republic of Nepal
Only tool available: Co-operation, co-existence & co-ordination PM Federal MoF MoFA MoD MoHA MoGA MoD …16 Provincial CM x 7 MoF MIA& L Forest Agri Develop Land 7 x 8 DISTRICT CDO Local Municipality Municipality Municipality x 753
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National Security & Security Organization
CoC and Civil Control ? PM Federal Co-op, co-existence & co-ord MoD MoHA NID NSC Think Tank NA Fed. P APF N CM Provincial MIA& L NA Fed. P APFN NID Provincial. P DISTRICTS Law & Order / Crime Law & Order / Crime Municipalities x 753
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Accountability and Reporting Channel
Internal Security Accountability and Reporting Channel (Chain of Command) Directive issued by the GON till the time the ‘Internal Security and Arrangement Act and the Police Act’ is promulgated As of 30th April 2018
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Federation – Province Cooperation
Directives Federal Govt MoHA Federal Pol HQ MoIAL Provincial Govt Provincial Pol HQ IAL Minister and Secy co-ord with Security Agencies. Provincial Security Coord Cttee (PSCC) Minister Chair Secretary Mem PoliceChief – Mem Chief of peace and security arrangement dept Cttee Mem secy PSCC can devise necessary policies for provincial security arrangement. DM: IAL minister co-ord with local admin for rescue, recovery and relief. (local admin seeks sp of local bodies) CM: co-ord unforeseen security threats and VIP security IAL co-ord with CDO to deploy APF on DM. Terrorism: CDO co-ords, report to MoHA by MIAL. NID: Provincial head rpts to IAL, Dist head to CDO Info Input CDO District HQ Dist Pol HQ
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Chain of Command (Directives)
Accountability and Reporting Chanel Pres Reporting Channel Center PM Federal Pol HQ Governor CM Chief Secy Province MoIAL APF MoIAL Secy Provincial Pol HQ District CDO Dist APF HQ Dist Pol HQ
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Internal Security at Local Level
Federation Provinces x 7 Maintain Law and Order Crime control and Investigation CDO ? Districts x 77 Civil Authority? Metropolitan, Municipalities, Rural 753 Maintain Law and Order Crime control and Investigation Wards 6700 plus
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Police in Transition Central Policing Provincial Policing Small Center
Separate Provincial Police Support, reinforce, special force Mechanism to coordinate Co-work with other forces Mechanism to reinforce, coordinate Training –Civilians / SFs
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CONCLUSION
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