Organizational Structure and Role of NID in Nepal’s Federal Set up

Publish On: June 13, 2017

( Abstract )

Devi Ram Sharma

Former Chief, NID

Introduction

  1. The rationale of the Intelligence organization and its capability in any countries of the world is not a relative factor as per the size, economy and political system, rather it will envisage an equal standing in upholding the national integrity, sovereignty and national security. In this regard, however, the importance of other security organs like Military, Police or Armed Police Force can also never be understated.
  2. In fact, the strategic intelligence is the key to success for any security organizations in accomplishing its tasks and responsibilities. The hard intelligence analysis and its estimates evolved through a complex procedure is vital for a country to shelter its national identity, sovereignty, economic prosperity , security , diplomacy , harnessing national resources and their conservation and prevent or put off external interference including a policy formulation of the government. Therefore, the intelligence organization once called as Eye and Ear is now considered as BEE ( i.e. Brain, Ear and Eye ).
  3. We all agree that information is power and the strategic intelligence is evolved from the timely and credible information to guide us to formulate our national strategy. Intelligence deals with all those things which should be known in advance before initialing a course of action. The complex political tribulations in the world or between countries are sought with the solution of “Soft Power ‘that ensures prevention from growing internal bitterness, degrading economy and promoting good relationship.

Nepal and NID

  1. Actually, the development of investigative organization in Nepal occurred only after the restoration of democracy although in the past it had existed in a limited role and capability. The political change of the year 1962 AD ( 2017 BS ) had given us the idea of a tangible national security strategy , and so was the constitution demanded an effective intelligence organization that would safeguard the vital national interests. In due course of time of constitution making the need of the intelligence organization to preserve and promote national interests was underscored.
  2. The organization in the past was named differently, eg. Central Intelligence Bureau, Investigative Department of GON, Nepal Investigation Department, Nepal Public Relation Headquarters, and finally it exists as National Investigation Department. The option is open for us to choose right title of the institution; however, the roles and responsibilities do fall in the same template. Regardless of the current name of the organization, the NID organization has been taking up the roles and responsibilities of intelligence to support national interests as has been in practice since past, which in fact is a global phenomenon. The Part 28, Article 268 of the constitution of Nepal, 2072 provisions the existence of NID as “There shall be National Investigation Department at the federal level. In the same Article, Para (4) amplifies that “other provisions relating to National Investigation Department shall be as provided by Federal law. In the Schedule 5 there is a listing of Federal Powers / Jurisdiction which states the provision of national intelligence and investigation. The roles and responsibility of NID has further amplified in the National Security Policy.

 

Mandate of NID

  1. The primary role of NID would be to collect and disseminate timely and requisite credible information, analysis and recommendations to the Government so that anything detrimental to national security for its promotion, preservation and protection of constitution will be addressed in time. To avoid duplication of efforts the GON has clearly specified the bylaws so the NID will be mandated to carry out its tasks effectively and independently. The details of the provision will not be highlighted further here. Finding a clear statement in the constitution, we can be sure that the NID is an important component of national security where its primary role is sought as in the case of many other countries. Some of major tasks of NID in federal structure can be summarized as below :
  2. Running National Intelligence Service in terms of policy, Standard, Planning, Implementation and Regulation.
  3. Information Collection on all activities against constitution, national security and national interest including Armed conflict, Armed underground groups, Communal, Racial, Religious, Financial, Organizational crimes, illegal organizations and public interest.
  4. Transnational Crime, Border encroachment.
  5. Espionage, Counter Espionage.
  6. Security Coordination.
  7. Capacity building.
  8. Assessment on Terrorism and regional security threats.
  9. Verification of Nepali Citizen and foreigners.
  10. VIP/VVIP Security, Vital Installations and their security.
  11. Analysis and report on National Security Situation.
  12. Furthermore, it is recommended that information collection, analysis and timely submission of reports of the agreements, and the finding of positive or negative impacts of agreements signed between Nepal and other countries where Nepal is one of the parties can also come under its purview.

 

Present Structure of NID and Concept of Federal System

 

  1. As the country has entered into a republican system by the people’s movement and after having a new constitution the NID with its role possess the following structure: –

At Center: Directorate, Branch and Sub branches.

At Regional:  Branch and Sub branches as per necessary.

At District Level: Requisite branches will be there.

In addition to above a detachment will be provisioned in Presidential Residence and Office,  Prime Minister’s Residence and Office, Ministry of Home Affairs, Commission for the Investigation of Abuse of Authority ( CIAA ), Embassy of Nepal abroad, NID personnel for liaison/or coordination in many needful governmental places will be required.

 

Conclusion

 

  1. Nepal lies geostrategically between China and India having age old civilization and our civilization is also from an unknown date. The robust challenging tasks of NID are to safeguard the national interest of the country in all aspects. Hence its organizational structure should commensurate with the roles and responsibility. We do not deny the fact that if the organization of NID is not rebuilt, restructured /or redesigned in the Federal frame we may have to trade off our values, creed and the goals in securing our national strategy. I do hope a significant discourse will be held before finalizing the NID structure in expanded form for addressing the prevailing lacunae.