Nepal: Intelligence and Intelligence Community-1 -

“Intelligence without a mission can be just a waste of time, energy, manpower and resources. If we go back to the 30 years rules during the Panchayat regime, it looks more organized and effective. During the Panchayat regime, the government had specifically directed to contain and control political parties like Nepali Congress and the Communist Parties that then CID and Nepal Police intelligence department had successfully done. Comparatively, the CID Department of His Majesty’s Government of Nepal was far more professional and effective than the Public Relation Department (PRD) (Jana-Samparka Karyalaya) during the 1980s. During the Panchayat era of 1960-1990, its primary targets were the banned political party, mainly Nepali Congress -their leaders and cadres. ”

-From the article.

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Rabi R. Thapa

Former Additional Inspector General
Nepal Armed Police Force

Abstract:

In general, “intelligence” is a profession like any other government employee. However, intelligence personnel and the intelligence community feel powerful and hence assume special status in many societies. However, if the people of a nation can develop the right understanding of intelligence and the intelligence community, they will largely benefit communities and the nation at large… The twenty-first-century has changed tremendously in intelligence and security (I&S) efforts. However, Nepal lag behind in strengthening and empowering the intelligence community in the given regional and global context. It is high time for the Government of Nepal to seriously engage by prioritizing resources to increase efficient and professional services competitively. The present article examines the current status and function of the intelligence community in Nepal.

Key words: Intelligence, Intelligence Community, Uncertainties, Intelligence Process, Intelligence Ethos

What’s Intelligence?

Intelligence is a certain type of knowledge related to objectives, predicting of future events, and support decision-makers. Just knowing through intelligence does not solve the problems. The environment and methodology of intelligence can change, but the actors and their problems remain constant (Stephen Dedijer 2000).

The Office of the Director of National Intelligence of the USA defines intelligence as the following:
“Work of gathering information within or outside the nation that involves the threat to the nation, its people and property; interests, development, proliferation having bearing on national security that is not available elsewhere” (US National Intelligence Strategy 2019).

Intelligence Community:

A successful Nation/State needs to be loud and clear in the vision and mission of its overall national intelligence strategy. Then it must specify a mission to each intelligence agency working under its umbrella and guidelines. The National Intelligence Strategy of the United States of America reads, “The Vision of US Intelligence Community as – to make nation more secure by fully integrated, agile, resilient, and innovative Intelligence Community that exemplifies American values (National Intelligence Strategy of USA, 2019).

This US Vision is further supplemented by US Mission that tasks each individual intelligence agencies to provide timely, insightful, objective, and relevant intelligence and support to inform national security decisions and to protect the nation and national interests (Ibid).

It clearly stipulates the importance of collective work and collective responsibility in any intelligence work. Intelligence work can be meaningful only when it is collectively owned by the state intelligence community. When different intelligence agencies and department work in isolation, it will lose coherence which can be conflicting and contradictory. This will kill the purpose of intelligence collection, collation, analysis and dissemination for a common national vision and mission. This is the main problem and dilemma of the Intelligence Community of Nepal. For example, the US Intelligence Community is a federation of executive branches, agencies and organizations that work separately and together to conduct intelligence activities. It remains focused specifically or collectively on “one task or one mission” such as cyber intelligence, counterterrorism, counter-proliferation of the weapons of mass-destruction (WMD), nuclear weapons, counterintelligence and more (Ibid).

After gaining a common understanding of the intelligence and intelligence community as a bottom-line, we can assess and evaluate the status of the individual intelligence agency and collective intelligence community in Nepal in a better way. In Nepal, there is no authorized and assigned apex body to coordinate and collate, analyze and disseminate information and intelligence received from different sources. There is also no determined way to feed the processed intelligence to the consumer, i.e. decision maker and policy formulator. In Nepal, presumably Nepal Army, Nepal Police, National Investigation Department, various ministries and secretariats feed the processed information and intelligence to the National Planning Commission, their ministries, various constitutional committees and the chief executive of Nepal Government. In all these, the National Investigation Department (NID) is supposed to be the focal point or the head of the intelligence community of Nepal. Again, going back to US system, the Department of Homeland Security and Federal Bureau of Investigation (FBI) deal with internal security challenges, whereas the Central Intelligence Agency (CIA), FBI and some components of the Office of the Director of National Intelligence (ODNI) deal with the intelligence task and engagement outside US territory. Any information about the work and features of the intelligence community of the USA and UK can be accessed by anybody, any time. But, characteristically, Nepali intelligence agencies are always found to be elusive, isolated and uncoordinated, and pathetically least accessible to the public. Hence, when the intelligence communities fail to win confidence of the people they serve and protect, they become less likely to gain any support in sharing vital and valuable information on national core interests and national security. They need to educate, motivate and garner trust and confidence in the people. That is why Nepal is failing to tackle risky and big-time organized crimes like trans-border smuggling of gold, drugs and counterfeit currency, money laundering and corruption and other big-syndicate crimes. Any intelligence related to national security and crime need to be shared in between and amongst various relevant departments like the Department of Immigration, Central Investigation Bureau (CIB) and Narcotic Control Bureau (NCB), INTERPOL NCB; Department of Money Laundering, and Department of Revenue Investigation and many others.

In this regard, Nepal can learn a lot from the US model where a total of 17 federal intelligence agencies comprised an Intelligence Community work in cohesion except the Office of the Director of National Intelligence (ODNI). Among these many, the Central Intelligence Agency (CIA) is an autonomous independent body whereas the Directorate of National Intelligence (ODNI) functions as the head or coordinator of the US Intelligence Community.

The United Kingdom Joint Intelligence Committee is a very powerful office chaired by the Prime-minister that does all-source assessments and produces unbiased independent intelligence on the issues of national security and foreign policy importance”. (National Security and Intelligence in UK).
Although NID is the main Intelligence apparatus of the Government of Nepal, other government agencies also have their own intelligence wings to meet their specific organization goals, tasks and objectives. The table below summarized the key intelligence agencies in Nepal.

Conventional Wisdom of Intelligence:

Autocratic Rana rulers used to hire their trusted individuals on intelligence and specific tasks before the democratic regime of 1950. The specific chosen individual rather than institutional intelligence practice was the bottom lines. Rulers appointed individuals by the intelligence consumer or customer individually. Such spies appointed by the Ranas rulers used to be despised and called Mukhbir and Kan-Fukuwa called whistleblowers.

Development of Intelligence Agency in Nepal:

The Government of Nepal established and organized the first intelligence system; the Intelligence Department called Nepal Guptchar Bivag in 1956 after the political change of the 1950s (. In 1986, this entity was renamed to the Office of Public Relation in1986. In 1990 this was restructured into “A” and “B” groups similar to MI-5 (internal Security) and MI-6 (Secret Intelligence Service) of Great Britain. After the political transition of 1990, this department was named the National Investigation Department (NID).

An Updated National Investigation Department (NID) website defines NID as the main intelligence agency of Nepal collecting information about country’s public security, economic crimes, and corruption, domestic and cross border terrorism, money laundering, narcotics, and human trafficking. NID works under the Office of the Prime Minister and Council of Ministers. However, the NID is ineffective and many security experts in Nepal analyze it as fledgling.

The NID principally taken as an equal or rather holding importance to agencies equal to Nepal Police and Armed Police Force. But, its roles and responsibilities are too subtle and secretive to its own disadvantage. If the people do not know about its important institution serving vital national interest, the government cannot receive needed cooperation and support from the people. It is the story of NID.

The Constitution of Nepal, Part 28, Article, 268 states “There shall be a National Investigation Department at the federal level. Para (4) amplifies that “other provisions relating to the National Investigation Department shall be as provided by Federal law. The Constitution of Nepal, Schedule 5 stipulates a list of Federal Powers/Jurisdictions in which it has clearly stipulated provisions of national intelligence and investigation. It has not been able to show its impact till date.

The roles and responsibility of NID has further amplified in the National Security Policy.

Mission of Intelligence and Intelligence Community:

Intelligence without a mission can be just a waste of time, energy, manpower and resources. If we go back to the 30 years rules during the Panchayat regime, it looks more organized and effective. During the Panchayat regime, the government had specifically directed to contain and control political parties like Nepali Congress and the Communist Parties that then CID and Nepal Police intelligence department had successfully done. Comparatively, the CID Department of His Majesty’s Government of Nepal was far more professional and effective than the Public Relation Department (PRD) (Jana-Samparka Karyalaya) during the 1980s. During the Panchayat era of 1960-1990, its primary targets were the banned political party, mainly Nepali Congress -their leaders and cadres.

Prior to the political change of 1990 there used to be a Headquarters in Kathmandu valley along with fourteen Public Relations Officers stationed in fourteen Zonal Commissioner’s Office. (Anchaladhis ko Karyalaya). Later on this was further extended to 75 Districts with equivalent rank of the District Police Chief. When Nepal was divided into five Regional Administratively regions, five Public Relation Officers of DIG Police rank were designated as the regional chiefs. Although NID is the main Intelligence apparatus of the Government of Nepal, this type of arrangement diluted its status as the office bearers of the government rather than intelligence officers or spymasters. This bureaucratic model of the intelligence department without resources was the main constraint of NID today. Besides, there are other government agencies who have their own intelligence wings to meet their specific organization goals, tasks and objectives. The table below summarized the key intelligence agencies in Nepal.

Ministry of Home Affairs (MoHA); Armed Police Force; Intelligence Unit:

NB: Intelligence is said to be the EARS AND EYES of any entity. Therefore there are many other intelligence of any other entities that is not counted or given a full status. The agencies above are well recognized and fully mandated by the laws of the Government of Nepal.

The Office of the Prime-minister (PMO) National Investigation Department:

(NID) Oversight switched from Home Ministry (MoHA) to PMO by the Prime Minister K P Oli
The Ministry of Finance, 1. Revenue Investigation Dept. 2. Department of Money Laundering

The Ministry of Defense:

Directorate of Military Intelligence (DMI); May be the oldest intelligence apparatus ever existed in Nepal Ministry of Home Affairs (MoHA) 3.Criminal Investigation Department (CID); Crime Investigation Bureau (CIB).

Narcotic Control Bureau:

Under Nepal Police, Police Headquarters, Specialized Investigation Unit of Nepal Police Specialized Narcotic Drug Crimes Investigation Unit of Nepal Police.

Ministry of Home Affairs (MoHA): Armed Police Force; Intelligence Unit

Constraints and Challenges of Intelligence Community of Nepal:

The main constraint and challenge of the intelligence community of Nepal is the politicization of the National intelligence apparatuses. During the Panchayat regime, Nepal Police and the Intelligence Department were the prime agencies. Then it used to be known as Nepal Secret (Service) Service Department (Nepal Guptachar Bibhag); commonly known as CID or jasuss in Nepali- staff-officers of this department was feared by all – the people, government civil servants, police and politicians all alike. However efficient, this department could not match the efficiency and ferocity of the Central Intelligence Agency (C.I.A) of USA, GESTAPO (Geheime Statspolizei) of Nazi Germany, or the MI-V MI-VII of the Great Britain; this was one of the best among the regional Intelligence Community of Asia. Similarly, the intelligence department of Nepal Police called the CID Department was also equally effective in their military intelligence and crime investigation.

In this regard to former police officers who became the chief of the CID Department and Nepal Police IG Harka Bahadur Thapa and IGP Rom Bahadur Thapa are credited to make these two organizations so efficient. It is important to note that both had served in the British Army and were the commander of the Revolutionary forces of Nepal – “The Mukti Sena” (Freedom Fighter) of the armed political insurrection of 1950-51.

As a matter of fact, the strong rule of the late king Mahendra, the loyalty of Nepal Army towards the king, the efficiency of the Nepal Police Force, (When the word force was removed from Nepal Police?), and the efficient intelligence machinery run by the king’s selected 14 Zonal Commissioners that could make the Nepali Congress movement suppressed and delayed they movement succeed for thirty years from 1962 coup to 1990.

As an accumulated vendetta and resentments, a strong reappraisal gave way to the probe called the “Mullick Aayog” and Lynching of Nepal Police in April 1991. When the multiparty democracy was restored in 1990, higher officers of Nepal Police and then the Officers of Public Relation were put under probe for being a vigilante and secret police or The Mandalay”- by a special investigation committee called “The “Mallik Commission”. In the crime control area, the intelligence community was successful in containing an armed uprising called the 1971 Jhapa Uprising also known as the “Naxalite Movement of Nepal (1989-71).

DEFEATING TENDENCY OF INTELLIGENCE CAPABILITY OF NEPAL:

After the political change of the 1990s, the Department missed a great opportunity to modernize and raise the level of Intelligence Communities in Nepal. After the political change of 1990, Nepalese constitutions has given unrestricted political, economic and press freedom and rights that few its neighbors have in the whole of Asia. Instead of revitalizing and modernizing intelligence agency, the political parties clamped its wings and turned it into a recruitment center of their political cadres. Some home ministers like Khum Bahadur Khadka of Nepali Congress recruited his men in the National Intelligence Bureau and then transferred them to Nepal Police. That was gross violence of norms and mandate of the Public Service Commission of Nepal. Loose and arbitrary recruitment system gave way to the inflow of low quality politically motivated cadres. Hence, this tendency had already started since the political change of 1990. The consequences, then the His Majesty’s the Government of Nepal had to pay a heavy price during the Armed Conflict of 1992 to 2005. Had the government sharpened and smartened up the intelligence department, Nepal government could have fared well and saved many lives and properties of Nepal and saved Nepal from decade of bloodshed.

One of the main cause of neglect was the decades of lack of trust and fear plus stigmatization of the police and intelligence community by new leaders who took their prison years as a matter of pride and their political power a prize for it. At that time the new democratic government could have given more leverage and a new life by revitalizing its roles and mandates by focusing on the matters of national vital interests. The new political parties in power also could not shake off its old disease of vigilante politics by using its intelligence apparatus against their political rivals rather than national competitors and rivals.

Just prior to the political change of 2006, a professional team of British Government had trained and supported NID to strengthening its professional efficiency. But after the political change of 2006, it was confined to an elusive political tool of the government in power. The status of NID has not changed except its transfer of oversight from the Ministry of Home Affairs to the Office of the Prime-minister of Nepal.

MAJOR FACTORS THAT AFFECTS INTELLUGENCE COMMUNITY:

Successful operation of the intelligence community largely depends upon the clear mission and mandate and jurisdiction given to his agency in consonance with overall national and intelligence community- individually, in group, jointly or collectively. Its success lies in their unity in diversity –coordination and cooperation and a synergy in their collective efforts.

Intelligence is considered to be ears and eyes of good governance. A government that is deaf and dumb to the voice of the people or cannot see the change in regional and international order is bound to fail. This is possible only when the Government trusts and authorizes its leading agencies with trust, confidence, power and autonomy to make its intelligence community credible institutions.

In the year 2001, the Government of Nepal established the National Security Council Secretariat (NSCS) that comprised the higher and middle ranking officers from Defense and Home ministry, Nepal Army, Armed Police Force -Nepal, Nepal Police, National Investigation Division. This can also be the apex coordinating focal body of the intelligence community of Nepal. This agency can be empowered like the Office of the Director of the Intelligence Community of the USA or the Joint Intelligence Committee of Great Britain.

TYPES OF INTELLIGENCE:

Government ministries and concerned departments need to set intelligence goals and objectives, i.e. military intelligence, crime intelligence, cyber intelligence, intelligence on terrorist activities, counterintelligence, intelligence against organized crime, counterfeit currency and money laundering and others.

The government need to classify intelligence communities on the basis of specific tasks, territory, specific group and specific instruments and measures. History of Nepali Intelligence has a long history and tradition of relying on Human Intelligence (HUMINT) only. Now, the Government need to diversify and develop other types on intelligence like Open-Source Intelligence (OSINT), Signal Intelligence (SIGNET), Imagery Intelligence (IMINT), Measurement and Signature Intelligence (MASINT, Geospatial Intelligence (GEOINT). Today, Cyber-Intelligence has become the most pressing Need of the Government of Nepal.

Ultimately, the fault-line lies in the absence of an umbrella body like the JIC of Great Britain and ODNI of the USA in the Government of Nepal and plays a proactive role in coordinating and activating concerned stakeholders including the ministries and even the Office of the Prime-minister.

# the distinguished author Shri Rabi Raj Thapa could be reached at: thapa.rabiraj@gmail.com

# To be concluded: Ed. Upadhyaya. N. P.