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The novel coronavirus pandemic could have a lasting impact on the functioning of the Nepali state. First, there is now a risk that the government of KP Oli could clamp down on dissent and cement its hold on power on the excuse of tackling Covid-19. Even within the ruling Nepal Communist Party, co-chair Oli could use the pandemic to push back the party’s general convention slated for the second week of April 2021. Or that at least is the fear of party co-chair Pushpa Kamal Dahal camp. Without the general convention, Dahal cannot stake his claim on the party’s sole chairmanship.

Yet there are also those who believe that if PM Oli cannot properly handle the corona crisis, and if he is seen intent on clinging to power by hook or by crook, the tide in the party could turn against Oli. Says NCP leader Deepak Prakash Bhatta: “If PM Oli tries to cover up his weaknesses instead of correcting them, it will lead to growing polarization within the party, with the eventual weakening of incumbent leadership.” Likewise, with political activism around the country coming to a standstill, incumbent Nepali Congress President Sher Bahadur Deuba could also try to delay the party’s general convention.

Another interesting issue the pandemic has thrown up is the role of the Nepal Army. The national charter allows army mobilization during national emergencies. But even though the pandemic has the country under its grips, the federal government is yet to declare a state of emergency. So how might the army be used? One way would be for the national force to follow the leadership of the Health Ministry, the lead agency in the country’s anti-corona efforts. In fact, even here, there is a big grey area.

This is partly because the National Security Council that can recommend army mobilization to the President has not met in a long time. The NSC could have met at this time of national crisis and charted out a role for the army, which hasn’t happened. Instead, the army has been given the controversial responsibility of importing vital medical equipment, when there was no need to involve the army. “The army could have told the government that it does not want to be involved in such business deals,” says Bhatta, who is also an expert on national security.

There is before us the herculean task of defeating the novel coronavirus that has challenged even the best healthcare systems in the world. This task is made harder still without a clear roadmap, and given the unclear roles of vital state institutions like the Nepal Army and the Armed Police Force. Without working out who is responsible for what and without ensuring a semblance of check and balance, the corona crisis could turn into a catastrophe.  

Kathmandu: The number of the novel coronavirus (Covid-19) cases in Nepal has reached 30, with 14 new cases reported in the past 24 hours.

According to Ministry of Health and Population, 12 news cases were reported in a mosque in Udayapur district, and two cases in Chitwan district.  The ministry has not disclosed the details of people infected. This is most number of cases reported in a single day in Nepal. 

In recent days, the government has expedited testing of suspected people and deployed rapid medical test teams in almost all of the 77 districts.

The Supreme Court of Nepal on April 17, Friday issued an interim order to the government to make arrangements for the safe passage of people stranded in various parts of the country. Currently, hundreds of people are taking long and risky journeys to reach their homes from Kathmandu.

Responding to a petition registered by Advocate Prakash Mani Sharma, a joint bench of Justice Ananda Kumar Bhattarai and Sapana Pradhan Malla ordered the federal government to arrange transport of those people. In the protracted lockdown, hundred of people who are mainly employed in unorganized sectors are leaving Kathmandu, as they can’t sustain their livelihood in the capital city.

As per the court order, the government must arrange free meals and transport for them. Due to the travel restrictions imposed by various districts, many are stranded on district borders. The SC also instructed the government not to create hurdles for the people who want to return home.

Though local governments claim they have arranged meals for the poor, but those affected say the relief is insufficient. Prime Minister KP Sharma Oli has already initiated discussions with ministers to arrange transport for the stranded people. 

In democratic countries, the prospect of the national army coming out on the streets makes people nervous. So does its involvement in any business, even in the import of vital kits and equipment to deal with a potentially deadly pandemic.

Article 267 of the Constitution of Nepal 2015 says the role of Nepal Army is to safeguard the country’s independence, sovereignty, territorial integrity, and national unity. Additionally, Article 267(4) says, “The Government of Nepal may also mobilize the Nepal Army in other works including development, construction and disaster management works, as provided for in the federal law.”

Further, “The President shall, on recommendation of the National Security Council and pursuant to a decision of the Government of Nepal, Council of Ministers, declare the mobilization of the Nepal Army in cases where a grave emergency arises in regard to the sovereignty or territorial integrity of Nepal or the security of any part thereof, by war, external aggression, armed rebellion or extreme economic disarray.” A declaration of the mobilization of the Nepal Army must be ratified by the parliament within a month.

Yet there is nothing in the constitution about the role of the national force in the kind of government-to-government procurement of Covid-19 kits that has recently landed it in controversy. “The army could have told the government that it does not want to be involved in such business deals,” says military expert Deepak Prakash Bhatta, who is also a leader of the ruling Nepal Communist Party.

The national army has already taken up several development projects, including Kathmandu-Tarai fast track. Similarly, army personnel have been deployed in disaster management works. In a recent example, the Nepal Army built 869 houses in Bara and Parsa districts that had been ravaged by a tornado in March last year. During floods and landslides, too, army personnel are in the frontline of rescue and rehabilitation works.

Experimental stage

But the army has had no experience of dealing with a pandemic. Security experts say the government can mobilize the national army to deal with the Covid-19 pandemic, but only if its role can be clearly defined within constitutional limits. In other countries, too, the national armies have been mobilized to assist the civilian government. For example, the US government instructed its army to build hospitals. In Spain, it was out in force enforcing the national lockdown.  

“Army personnel can, for instance, be mobilized to regulate the Nepal-India border and check the movement of people during the pandemic, which is not happening,” says Bhatta. “After the lockdown, hundreds of Nepali workers have been coming home from India. But they have not been screened properly.” Instead, Minister for Home Affairs Ram Bahadur Thapa has instructed the Armed Police Force (AFP) to monitor the movement of people at the border; the deployment has been inadequate.

Compared to other civil organizations, the national army has a well-trained, more disciplined, and better equipped force. As army’s resources are always oriented to a large-scale war, they can be immediately mobilized to build makeshift hospitals. They have helicopters and vehicles, and bases across the country. If the doctors at government and private hospitals are unwilling to work, the army can mobilize its troops and medical personnel for medical care as well.

The medical services of the Nepal Army had started in 1925 with the establishment of Tri-Chandra Military Hospital at Mahankal, Kathmandu. Renamed Shree Birendra Hospital (SBH) and relocated to Chhauni, it is now a 635-bed sophisticated hospital with a military rehabilitation center, two field hospitals, and 15 field ambulance companies.

Foggy path

The Nepal Army is already involved in controlling the spread of the coronavirus. It has developed a smartphone app for smooth flow of corona-related information. Similarly, the Covid-19 Crisis Management Center has been established in the army barracks in Chhauni. According to security analyst Binoj Basnyat, formation of this center under the Minister of Defense is a signal from Nepal government that the army’s participation is inevitable. “It is the National Security Council that should decide how the Nepal Army is to be deployed,” he says.

But as the NSC has not met for a long time, the role of the Nepal Army in the current corona pandemic remains unclear.

Former Major General of the Nepal Army Tara Bahadur Karki says the NSC should be meeting regularly during a crisis of this magnitude. In the current health emergency, Karki argues, it is the Ministry of Health that should be in the frontline fighting it, with the army playing a backup role. “On the other hand, if the pandemic tomorrow poses a direct threat to the country’s security, then the army has to lead from the front,” he says.   

Currently, there are some other mechanisms that can decide on limited deployment of army personnel. The district administration offices can deploy the army at the district level for disaster management, after obtaining permission from the Army Headquarters. At the national level, the Home Ministry can activate the Disaster Relief Act of 2020, clearing the road for the army’s deployment in disaster-control.

“For Covid-19, the army may act as a strategic reserve with heavy medical practitioners and necessary components at the center, operational reserve in the provinces, and fully-involved contribution in the districts,” Basnyat suggests.

One such example army deployment was during the 1918 influenza pandemic in the US, which lasted for 10 months. In the three-phase pandemic, the second phase was the most dangerous, and the US army had to be deployed to control it. “Nepal is now entering the second phase. We should draw the right lessons from history and from the experiences of other countries,” he suggests.