U.S. Department of State

Funding FY 2007-2012:

• FY07: $0
• FY08: $30,000 (INCLE*) + $3,811,000 (Section 1207**)
• FY09: $330,000 (INCLE*)
• FY10: $3,700,000 (INCLE*)
• FY11: $3,700,000 (INCLE*)
• FY12: $3,330,000 (INCLE* Request)

*INCLE: International Narcotics Control and Law Enforcement Funds
**1207: Section 1207 of the National Defense Authorization Act

Since late 2007, Bureau of International Narcotics and Law Enforcement Affairs (INL) has funded an ICITAP/Senior Law Enforcement Advisor (SLEA) who is posted in the Embassy to work with police officers and security forces by providing training, mentoring, and technical assistance. He serves as the primary program manager for INL’s INCLE and 1207-funded activities in Nepal.

Election Commission/Police Security Support:

INL-funded activities first began in Nepal in 2007 with a law enforcement needs assessment carried out by DOJ/ICITAP. Soon after, election security training was provided to Nepal Police and Armed Police Force personnel that included establishing a temporary command center that enabled effective communication links with five regions to coordinate security activities. The assistance was well received and the April 2008 national elections concluded without any major incidents. Once the Nepal Police completed construction of a new building to house a permanent Command and Control Center, the last phase of this project was completed with hardware and communication software installation that linked 21 local, district, and regional sites in Nepal. The center will be fully functional for the 2010 elections and the GON should be prepared to sustain the system and provide budget support according to its agreements with the U.S. Government.

• INL’s contribution to this project was approximately $2.4M (FY05 funds that were reprogrammed from Aviation). The project was completed in February 2010, but the SLEA will continue to provide advice and guidance to the police and the Election Commission, as needed.

FY08 INCLE funds ($30K) and FY09 INCLE funds ($330K) are only a fraction of what Embassy Kathmandu has requested in MSPs to meet the criminal justice development needs in Nepal. INL anticipates using part of these resources to fund additional software and training of the Nepal Police in order to share case information with other law enforcement agencies in the region. If FY10 and FY11 INCLE funds ($3.7M requested each year) are received, INL would support Embassy Kathmandu’s recommendation to expand the law enforcement and rule of law programs in other areas of Nepal, particularly in the Terai.

Pre-Deployment Training for Darfur

The GON first deployed a formed police unit (FPU) as part of the UN-AU Mission in Darfur (UNAMID) in 2008 that lasted 10 months. In 2008 and 2009, INL/CIV funded ($303K) several pre-deployment training courses reaching approximately 335 Nepal Police and Armed Police Force members. In March 2009, news broke that the 140-member Nepalese FPU in Darfur faced a serious security threat because the eight armored personnel carriers (APCs) sent by the Nepal Police to Sudan were “substandard and useless.” The Nepal Home Ministry uncovered procurement irregularities and that money went missing during the procurement process of the APCs and other supplies. The investigation by the Nepal Home Ministry and the UN are on-going. No INL resources were involved in this scandal. The GON has told the UNDPKO they will send another 200-300 formed police to Darfur in 2010 and have expressed interest in sending a unit to Haiti. It is our understanding that the GON does not have funding to support training of trainers or the training of the additional FPUs.

• INL has informed Embassy Kathmandu that INCLE funding is not available for additional pre-deployment training.

1207 Program

INL is one of the key agencies administering components of the FY07 1207 program (totaling $10M) in Nepal that is concentrating assistance efforts in the Eastern Development Region of Morang. The launching of INL’s 1207 projects was delayed due to a nearly two-year negotiation process to update a Letter of Agreement with the GON.

In September 2008, INL provided $1.2M to the U.S. Institute of Peace (USIP) to begin a project that aims to enhance the rule of law in Nepal by fostering community dialogue with police and youth/gang diversion programs. An innovative component of the project includes surveying 15,000 households in 21 districts of Nepal to gather baseline information about security sector perceptions. Results will be used to inform communities and authorities in order to improve policing strategies and identify ways the justice and security sectors can be enhanced throughout the country.

• The USIP project is slated to end in September 2010. INL recommends providing FY10 INCLE funds to support the program for an additional year in order to enhance the skills of local community groups to sustain and strengthen the community dialogue and youth/gang diversion program concept that has shown some promise in improving law and order in select communities.

In May 2009, INL provided $2.5M to ICITAP for a basic law enforcement project with infrastructure improvements, equipment, and training for police to better address the security problems in the Morang region. The project is managed by the ICITAP/SLEA and includes upgrades to the regional police training center with a new women’s dorm and support facilities; construction of a police station in Damak, a district station in Biratnagar, and a border station at Rani; and a road linking a refugee processing center and the Nepal Police and Armed Police Force units stationed there. The Armed Police Force firearms range has received safety improvements and use-of-force training is pending. Implementing community-policing strategies are also underway in collaboration with the USIP project and USAID. Police are supportive of the joint use of the community center/police and youth crime watch activities in Biratnagar and regular meetings occur among joint working groups and programs.

• The ICITAP project is on-track though it has experienced construction delays related to electricity and supply shortages, strikes, and flooding that limits movement. The project continues to receive the support of the Ministry of Home Affairs. INL recommends providing some FY10 INCLE funds to sustain law enforcement development activities in the Morang region, with remaining funds going towards replicating enhancing police capabilities in new districts of Nepal in the coming years. There is a great need for the police to reestablish themselves in the post-conflict areas they were forced from during the conflict years.
• The SLEA will continue to collaborate and coordinate with Nepal’s security forces and the Elections Commission through guidance, training, and mentoring in election security management, basic policing, community policing, and respect for human rights.
• Embassy Kathmandu was disappointed to learn that Nepal was not selected as a country eligible to bid for new 1207 resources. Emphasis now should be made justifying the need for a steady stream of INCLE funding in future years to build upon the initial successes of the 1207 program.