NHSMUN 2013

DISEC
NEPALS POSITION PAPER
TOPIC A
DELEGATES: Mara Camila Aguilar and Martn Silva (Colombia La Colina School)
INTRODUCTION
Small Arms and Light Weapons Illicit Trade is a situation that affects each territory in planet
Earth, nevertheless some countries are more involved in this context than others as a result of
their internal situation, their international relations, their lack of control or their lack of
information as well as many other situations that can bring abroad this conflicts. Perhaps the
solution is in increasing control over commerce (imports and exports), although it is strictly
necessary to look deeply into the eye of the problem considering that if the causes of it are so
diverse and affect each country in so many different ways, it is practically impossible to give only
one solution to it, and to assume that all nations are going to have the same results after applying
the agreed.
HISTORY
Nepal is a country located in south Asia, with a stipulated population of 27 (twenty seven)
million people, it limits with China (in the north) and with India (in the south, east and west). It
has been a monarchy the major part of its history, the first proof of this, dates from the year 1768
when Prithvi Narayan united many independent kingdoms, before this, the area shared most of its
traditions with near (geographically) cultures like China, India and part of Middle East, which

still remain as the countrys principal influences either economically or politically. Respect to
SALWs, its illicit trade increased almost exponentially when in the year 1950 the country signed
the Treaty of Peace and Friendship between the government of India and the government of
Nepal1 which had an article2 that stipulated that the arm trade to Nepal from India was free as
the purposes were to maintain Nepalese security, this treaty is currently valid and all the trade
between this two countries is regulated by it. Until this point, there was some control from part of
the government in the illegal market, the non registered SALWs and the missing ones, were at
least noted by the police or other organizations exercising control, the situation worsened
strongly after some clashes between rebel groups of opposition and Nepalese government
raised(these caused by differences in political and social ideologies)in early twenty first century,
rebel groups were looking for freedom, and this struggles with authorities implied a partial loss of
control in the situation of arms.
NEPALESE CONFLICT
Over the last seven decades (approximately), Nepals government has been struggling against
groups working at the margin of law, (Known locally as Armed Police Force Nepal). This caused
multiple reactions over Nepalese people, who as a response to the disturbs- created a group
known as Communist party of Nepal (Maoist Groups) whichs main objectives were to
restructure the political system upon them to make it fair and equal to everybody and to give
peace to their people. In 2006 all the Maoist groups gathered and promoted the reform,
transforming Nepal into a State. Two years later, the parliamentary political parties and the rest of

Full version of the treaty at: http://www.commonlii.org/in/other/treaties/INTSer/1950/12.html

Article 5: The Government of Nepal shall be free to import, from or through the territory of
India, arms, ammunition or warlike material and equipment necessary for the security of
Nepal. The procedure for giving effect to this arrangement shall be worked out by the two
Governments acting in consultation.
2

the people in Nepal, agreed the retransformation of the State into a Republic, Keeping the format
until the current date. Nepalese government is still struggling with opposition groups, which keep
fighting for different objectives like fair political participation or another governmental reform
(in this groups is included the Communist Party of Nepal within another 107 armed groups
approximately according to Bishnu Raj Upreti, Nepal Conflict Management Specialist PhD).3
Having a considerable amount of opposition groups, Nepal has also high rates of illegal arm
trade, especially of Small Arms and Light Weapons (SALW), having this avery strong
negativeimpact over the peace process being developed since 2009. Most of the illicit arms come
either from India (because of the lack of control in the open frontier agreement which allows
Indians and Nepalese to cross boundaries freely with no passport or Visa, establishing SALW
manufacturing houses all over the frontier, number stipulated in more than seven dozens of
them)or from legal appliances acquired in past eventualities by the government that have been
stolen by rebel groups or have been moved to the black market for other reasons. The
proliferation of these artifacts is bringing serious consequences to civilians and to their
communities, taking into account the imminent threat they have to face every day. This situation
can be easily compared with the schemes that Latin America holds currently, for this reason the
country is similar in many aspects and would be able to share some of the policies implemented
for itself, with the international community, pursuing the common objective of peace and welfare
for all populations.
COMITEE MISSION

Taken and adapted from:

http://www.academia.edu/1637545/Impacts_of_small_arms_in_Nepals_peace_process

The International Disarmament Security Council (DISEC) has a large trajectory, as it has been
working with thousands of similar conflicts, none the less it is very important to establish
accurate methods that work according to the policies emitted on the topic by each region or
country involved in the problem, due to the fact that the differences between each country or
region in the world, will definitively not allow that the strategies applied on a middle eastern
country (for example) will work for a state on Latin America as the governments are different and
the needs of people too. For the specific case of Latin America, policies as well as actions taken
should be based on statistics provided by MERCOSUR and the governments of each one of the
countries involved. Having already facts based on numbers, another survey should be done in
order to be able to analyze and discuss as particulars, the multiple cases and issues from each
region (this survey has to be based on testimonies from the regional authorities such as police,
military, civilians and members of the governments). Having this information, the most accurate
procedure would be to establish the specific needs of each country in order to provide help.
METHODS TO APPLY
Some effective methods (applicable according to the weaknesses of each Nation) could be:

Education, as an incentive of sustainability to keep youth away from armed groups and

assure a fructiferous future not only for them, but for the country.
Reinforce surveillance in airports, seaports, railways, roads and borders with other
countries in order to reduce the traffic of illicit SALWs as well as the amount by

confiscating them, accomplishing this with operative missions established by the police.
Strictly enforce law by reforming the condemn for corruption inside the authorities as
well as the punishments for offenders of the law, applying in them not only a penalty, but

also education.
Take measures to reduce radically the drug trafficking and the black market.

Help Governments to emit legislations pursuing the control of the illicit arm trafficking.
Apply programs of demobilization and labor reinsertion for Armed Groups as an incentive
to return to their lives and have a better future as part of the society.4

NEPAL AND LATIN AMERICA (Role of Nepal in the Market)

Nepal has no significant interaction with many countries of Latin America, further than the
relationships established with India. In many cases, India is the mediator between Nepal and
Latin American Countries, a good example of this scenario would be Colombia, which has an
embassy at New Delhi, this institution not only works for Indian people, it assists Colombians
living in Nepal as well as Nepalese people trying to go to Colombia. Like Colombia, many other
countries do the same, meaning that commerce and trade has not a wide route to develop, also
taking into a count that Nepal, as most of the countries that are part of Latin America, is a
primary producer, that exports raw materials and products that belong to the first sector of
economy, so commerce would be meaningless except for some cases. Indirect trade is valid for
this cases in which no registered trade appears, for example, according to the Global Reported
Arms Trade (UN register of conventional Arms) 5Peru Exports arms to South Africa, and South
Africa Exports also to Nepal, there is an evident connection between Peru and Nepal and
although it is not official, it exists, meaning that the market between the first two countries
involved in the exchange, can affect the merchandise entering to the third country involved
(NEPAL in this case). Tourism has also become a strong reason of small arms illegal trade; in
2010 BBC News published an article6 that contained the opinion of Nepalese authorities in the

This Ideas or suggestions were created according to the Nepalese ideas by the delegation
of Nepal assisting to NHSMUN 2013, as the delegation considered pertinent to contribute to
the solution of the problem posing possible ways out with the perspective of Nepalese
government on the topic.
5
http://www.un-register.org/HeavyWeapons/index.aspx?CoI=NP&year=0&Cat=0
6
Article at: http://www.bbc.co.uk/news/10471969

matter within a well detailed description of the conflict. What the article expressed was that there
was a district in Kathmandu (Capital of Nepal) called Thamel, for years it had been the principal
place that tourists recurred to, looking for cheap restaurants as well as Nepalese traditional food
and products, when the country became widely recognized in the world as a great touristic
destiny (for owning Everest Peak), the number of visitors increased in this district and the
interests of the incoming people were different, they involved dance clubs and strip bars (in
words of Joanna Jolly author of the article) the region became a sector of the capital in which this
places were available and what this brought was many people involved in crime and working at
the margin of law. Thamel is one of the principal places in which drug dealers and Criminals
make their business and have fun, what has made it a very dangerous place to go to. As Thamel,
there are many other places in Nepal that have suffered the same situation, increasing like that the
illicit flow of SALWs.As mentioned before, the Government of the country is struggling with the
traffic of small arms as a local problem that has been affecting the community for years, and is
willing to contribute with solutions and ideas as soon as it can solve its own issues.
NEPALESE POLICY
Nepals policy calls upon for a notory decrease of the illegal SALW and also of the armed groups,
as it has been a principal issue that has affected the welfare of the country, according to
Upreti,Nepal Conflict Management Specialist, Achieving durable peace and stability requires,
among others, getting process right, monitoring mechanism, sincere implementation of
understandings and agreements, appropriately dealing with past and ensuring transitional justice
and rule of law, guarantying transitional security, proper facilitation of disarming, demobilizing
and reintegration and restructuring of security sector, providing peace dividends, implementing
reconstruction and controlling proliferation of small arms and light weapons. So according to

Nepalese law, it is important to convince minor traders of leaving aside their weapons, and the
actions that sold be taken would be, from the ones described previously, number 1, 3, 5 and 6,
plus psychological and clinical support, for those who have managed those weapons under
pressure of a major distributer, and total protection implying this a strong agreement of
confidentiality from part of the government.
According to Nepalese Trade Policy7, no prohibited products should be imported or exported, this
includes of course illicit arm trade. On other part, this policy includes the interest of Nepal in
growing economically and giving labor chances to people
With the demobilization and labor reinsertion plans, many people linked to armed groups, illegal
trafficking, black market and drug trafficking would be able to work again, there are many
options that would not only contribute to their lives (considering that people recruited to do this
kind of labors, most of the time have not enough economical incomes to sustain their families or
even themselves), but also to the Latin American Emergent Economies, below, a clear exposition
of many alternatives that could be done:

Creating their own business: with the help of some national bank, that gives credits to
small businesses, they will be able to start their own system of incomes and also to
sustain their family in a good way, they could sell food, handmade items, miscellaneous

items, or anything that is of their preference.

Start working for a company: for those who have studied something and want to exercise
their profession, with the help of the government, acquiring an employment that is in
accordance with their knowledge on an specific subject, and for those who have not

PDF at: http://www.tepc.gov.np/uploads/files/Trade%20policy%20English%20latest,

%2020091818.pdf

studied, to go to a school that belongs to the state and start a career of their election to be

able to develop activities related to it.

Agriculture: for those who live in rural areas, with help of the government, to start a
cultivation area and produce their own products to sell to markets and even to export

them depending on the country and on the product.

Animal Industry: for those who live in rural areas and want to create their own business
Animal industry offers a wide variety of markets, as an example, cows can provide milk,
leather and meat, bees can provide wax, honey and pollen and so on with fish, chickens,
or why not, having an entire farm, all of this sponsored by the government.

LATIN AMERICA TRI BORDER ISSUES

The tri- border region in Latin America is a point where three countries that are part of the south
cone meet, these are Uruguay, Argentina and Brazil, the point, in which these three are united, is
most known as Iguaz (Spanish) or Iguau (Portuguese) Touristically speaking, it is a spectacular
place where many waterfalls coming from various rivers encounter, this place keeps a wide
variety of Flora and Fauna which makes it very attractive for visitors from all the world 8. Sadly
this place houses millions of illicit exchanges9, having an extremely enormous variety of products
including endangered exotic species, non registered merchandise, illicit substances, illegal
SALWs and many other products that represent a very big portion of the black market in Latin
America. Control over this region is poor and even some of the activities done in this area are
legal in some of the countries that are sharing it. It is very evident that the corruption of the
governments that own this area is high10 and that security measures between the frontiers are

Taken and adapted from: http://whc.unesco.org/en/list/355

http://www.cbsnews.com/stories/2006/03/07/eveningnews/main1380141.shtml?cmp=E
10
http://www.loc.gov/rr/frd/pdf-files/TerrOrgCrime_TBA.pdf
9

ought to be taken. An example of corruption could be the Bombing to the AMIA in Buenos
Aires11. The New York Times published an article when some Iranian group blew a Jewish center
in the Argentinean capital. Apparently there is no corruption in this act but the one from part of
Iranian people; unfortunately, there was a witness that was a member of the attacking group, a
high level defector from Irans intelligence agency (according to Larry Rohter the author of the
article) he named himself as AbdolghassemMesbahi and what he said in his confession was that
president Sal Menem pay ten million USD to cover it up. Later researches on his life as
president revealed that his nexus with Iranian organizations benefited him while he was still
ruling.
The previous arguments serve as example to compare Nepalese border control to Latin American
border control. Nepalese borders (China and India) work under the concept of open frontiers,
meaning that people can cross without having visa or any other permission from the government,
this could put at risk the safety of Nepal, but for this reason it has control over imports and
exports made. Towards this situation, an act was issued in order to make clear what enters from
other countries and what goes out to other countries having control in forbidding some artifacts
and allowing others depending on its use12. The act basically stipulates that those who want to
enter or take out merchandise to or from Nepalare required to sign a form that makes clear the
purposes, the value, the objects, the destiny and almost all the characteristics of the products
crossing borders in order to have a register of everything and in that way making possible to
haverestraint over the frontiers. For those who try to hide their objectives or to cross with
something that is prohibited there is a punishment, quoting the act Where any person exports or
imports any goods prohibited orrestricted pursuant to this Act or notified orderthereunder or
11

Taken and Adapted from: http://www.nytimes.com/2002/07/22/world/iran-blew-up-jewishcenter-in-argentina-defector-says.html?pagewanted=all&src=pm

12
Found at: http://www.tepc.gov.np/uploads/files/9export-and-import-control-act88.pdf

specified in thelicense issued for exportation or importation under this Act or the rules
framedunder this Act, by altering the goods or the value or quantity thereof without any
reasonable cause, the goods to exported or imported shall be forfeited and such person shall be
punished with a fine equal to the value of the goods or with Imprisonment for a term not
exceeding one year or with both punishments. Over the last years Nepal has tried to make this
act effective so it has increased safety in crossing areas, controlling like that all the goods that
pass with commercial purposes, this has allowed the reduction of the international trade, giving
more space to end up with internal trafficking, and like that having more aptitude to solve the
problem in a domestic way. This kind of control could work for Latin American tri-border
frontier, having the help of the three police forces as well as the complete support and honesty
from part of the three governments.
WHAT APPEALS TO ILLEGAL TRADE OF SALWS
Latin America is home of many people that has very low economical resources, organizations
that traffic SALWs offer high amounts of money to civilians by making any transaction needed,
civilians, most of the times accept, but there have to be more reasons for them to get involved
into this business, a list of the possibilities below:
FOR CIVILIANS

Economical resources given because of transactions.

Rewarding with properties.
Fake benefits: debit cards, compensations, family education, and better life conditions (in

others).
Tasks are easy to complete as this weapons go unnoticed in many places.
It is an easy way to acquire monetary resources.
Lack of knowledge in penalties established by the government.
Escaping from routine tasks.

Having ideologies against the government (this case only works when the person decides
to join permanently to the organization).

FOR THE ORGANIZATIONS AT MARGIN OF LAW

For the leaders of the organizations at margin of law, having more military power to be

able to equal the government that they are against to.

It is cheaper than purchasing legal weaponry.
There is the warranty in the confidentiality of movements because these arms are either

reported as lost or non registered.

The marked is linked with drug dealing so the connection is easy.
Lack of taxes.
No required permissions.

These are some of the main reasons why this kind of market is really appealing for buyers as well
as for dealers, and as the regulations are so low at some points, the business is very high, because
as a comparison, the advantages that it offers strongly go over the disadvantages it presents and
so is a very productive and benefiting market because the incomes are higher than expected and
the expends are way low from the price in the legal market. So having this in mind, what is
appropriate to do is to increase the disadvantages, to be bigger than the advantages by having
more control, more severe penalties, a well controlled register of missing arms and of illegal
entering, less corruption, less taxation and severe authorities that stick well to the functioning of
law.
UNITED STATES OF AMERICAS RESPONSIBILITY
Many countries estipulate that the responsibility goes all to the United States of America for
being a principal exporter and importerof arms and for having a lot of illicit trade on its insider
part. It would be pertinent to remember that this country has not ratified the OAS Firearms

convention13 and that being a special member of the problem in Latin America should have done
that a long time ago in order to give example and to have more voice at the time of emitting
policies and agreements. As an example the case of Argentina will be taken. According to the
NISAT (Norwegian Institute on Small Arms Transfers)14 in the year 2011 Argentina imported
from the United States 5.02 million dollars (approximately) in SALWs, 25.5% of the total
SALWs imported to that country in that year.15 Concluding is not USAs fault, as it is taking
measures to encourage strongly the problem although the influence that this country has is really
important because it exports a lot of weaponry into Latin America.

THE DRUG DEALERS

What influence does the drug market has on the illegal trade of small arms and light weapons?
Well, these two problems are usually discussed at the same time, due to the fact that the weapons
share the trafficking routs, stages and possessors. The network usually functions in this way 16 (for
Latin American Countries and drugs that require first, second and third sectors of economy for
their manufacturing) in the first sector, usually at farms where the products are cultivated,
manufacturers have illicit arms for their own safety, in some occasions, they are rewarded for
their work with them, in the second sector, the producer also deals with arms, but they are mostly
13

Taken and adapted from: NHSMUN 2013 DISEC Committee preparation guides, page 23,
topic: The United States of America
14
More Information On: http://legacy.prio.org/NISAT/NISAT-Arms-Trade-Mapper/ (information
also taken from that site)
15
2010 information: http://balder.prio.no:8080/visualization/country_profiles/profile_AR.htm
16
Taken and adapted from: http://unidir.org/pdf/articles/pdf-art918.pdf

to protect himself, in the third sector, the transportation, is where more trouble is seen because
many of the shipments of arms share the same transportation with the drugs, and finally in the
last sector, where the buyers acquire drugs, occasionally they have weapons linked to their
addictions, although it is proven that addicts are more likely to posses SALWs than the rest of the
population.
INCENTIVES
Incentives can be done for prevention or for penalization. For prevention, a good incentive would
be education, which promises a great future for those who take the chance (for example in Nepal,
one of the greatest problems that illegal SALW commerce is causing, is militarization of youth 17,
this could be perfectly prevented with education and a better future alternative, (taking into a
count that education is not only knowledge provided, but also morality and values to differentiate
between what is correct and what is corrupt). For penalization, a great incentive would be
Reinsertion, (which would only work with armed groups and not with criminals, for criminals, as
specified before, there is jail or an economical punishment based on the value of the
merchandise) because it would represent a normal life after condemn, which is very hard to
achieve with a criminal past, another incentive would be the reduce of penalty for voluntarily
surrendering, which would tempt many people tired of their lives at the margin of law, and
finally, an compensation (economical) for families because of cooperation with law, all of this,
with the ones mentioned previously. For many people that lives inside this world is very hard to
come out although they dont think about this before getting involved with this situations because
they dont have knowledge of the penalizations, other incentive, for people to stop the

17

http://www.academia.edu/1637545/Impacts_of_small_arms_in_Nepals_peace_processsectio
n 2.2.2

incorporation to this groups and in general to crime, would be letting them have knowledge of the
consequences in order to think well before acting.
TRANSPARENCY IN GOVERNMENTS
The increase of transparency inside governments depends only of education for everybody, as
personnel that assume any position should be fully qualified for their jobs, which needs many
years of studies and also many skills to be at the head of any institution, because any kind of
power requires a huge amount of responsibility over it. Secondly, education for those who choose
their superiors, in order to have consciousness over the decision made, knowing that no one gets
elected just because any privilege was granted or because its a powerful person, that choice has
to be made under moral parameters that allow each person to decide correctly and think about
what is more convenient for the situation of the community to which they belong to. There have
to be also legal measures taken, and law has to be strong enough to make them comply, meaning
this, that if a member of the government incurs in corruption, the penalty has no negotiation at
all, and that authorities have to recognize this person as any other citizen to judge him or her
adequately and fairly in front of the community. This would not only help to solve the illegal arm
trade, but also will solve other problematics of the country.
UN MAIN RESOLUTIONS SIGNED BY NEPAL

UNITED NATIONS ARMS TRADE TREATY

In 2009, Nepal voted to begin negotiations towards a legally binding Arms Trade Treaty. In this
vote, 151 UN Member States supported talks on an ATT, with 1 voting against, 20 abstentions,
and 20 non-votes.

UNPoA COMMITMENT

On 21 July 2001, Nepal committed to a consensus decision of the United Nations to adopt,
support and implement the UN Programme of Action to Prevent, Combat and Eradicate the Illicit
Trade in Small Arms and Light Weapons in All Its Aspects.18

UNITED NATIONS CONFERENCE ON THE ILLICIT TRADE IN SMALL ARMS

AND LIGHT WEAPONS IN ALL ITS ASPECTS

Signed by Nepal in 2001 expecting to reduce the SALWs illicit trade.

CONCLUSION
As an affected country, Nepal is very aware of the problem and it strongly suggests applying
control measures over borders, similarly like the action done in Nepal and with the other
suggestions made in this paper, as well as the solutions and agreements reached by the committee
of DISEC in NHSMUN 2013.

NHSMUN 2013
DISEC
NEPALS POSITION PAPER
TOPIC B
DELEGATES: Mara Camila Aguilar and Martn Silva (Colombia La Colina School)
INTRODUCTION

18

Quote from: http://www.gunpolicy.org/firearms/region/nepal

Landmines are a really big threat to society as they are imperceptible and can be located
anywhere, meaning that their exact position is partially unknown as it is difficult to identify them
at a simple view. Unfortunately the victims of these weapons, result being kids a great amount of
times, as they dont know how to identify the signals of a contaminated area and are used to take
every colorful thing that rests in the ground, the situation with kids is not fair at all, because the
right of a worthy quality of life is being violated, and uncountable opportunities are taken from
them since they are very young. People that belong to rural communities are the most affected
ones due to the fact that empty fields around this settlements are not only very wide extensions,
but in many cases have lack of surveillance and control, precisely because of its size. Asia is
owner of a very big territory and although this would not necessarily imply that a considerable
amount of landmines are distributed through all its extension, the problem has affected most of
the countries in south Asia and the Middle East.
HISTORY
Nepal is a country located in south Asia, with a stipulated population of 27 (twenty seven)
million people, it limits with China (in the north) and with India (in the south, east and west). It
has been a monarchy the major part of its history, the first proof of this, dates from the year 1768
when Prithvi Narayan united many independent kingdoms, before this, the area shared most of its
traditions with near (geographically) cultures like China, India and part of Middle East, which
still remain as the countrys principal influences either economically or politically. Regarding to
Landmines (Called in Nepal improvised explosive device, because of their rudimentary and in
most cases unregistered fabrication) and ammunitions spread over the territory, Nepal has acted
severely over the last years, although before these actions were taken (1995 19) Nepal was a
19

Ban Landmines Campaign Nepal (NCBL) was established on 4th July 1995 with the
objective of raising awareness within civil society about the loss of lives and property caused

country that was filled with landmines and there were many victims that suffered the terrible
consequences that the activating of these mines brought. Legs, arms, faces, and many other things
were taken from these people, not only physically but also opportunities of succeeding in life as
independents and of having a life whichs conditions were worthy (the armed conflict in Nepal
was not declared until 2005 when the king Gyanendra dissolved the government and declared a
state of emergency in the nation, suspending like that the fundamental human rights) 20. Most of
the attacks were caused by terrorist armed groups that requested changes in the government and
manifested themselves with violent actions. Maoist groups were the principal providers of these
artifacts, especially during the term defined as the decade-long conflict, meaning between 1996
and 2006, they planted landmines (over 53000, which was the number of bombs that the United
Nations destroyed after the peace agreement made in 2006 with Maoist groups 21) in an
unspecified large number of free terrains all over Nepal. In 2005 an agreement was signed
between the communist party of Nepal (Maoist) and the Government, specifying a bilateral
cease-fire meaning that no other person working for any of those groups would use any weapon
excepting security matters where civilians were not involved. Despite the organization Ban
Landmines Campaign Nepal was established since 1995 (Footnote 1) it was not until 2006 (a year
after the cease fire was signed) that the number of victims started to decrease, and surprisingly it
was the first time that a cease fire was effective from part of the rebel groups (the 2005 ceasefire
was not the only one made in Nepal History). The reason for it to work, according to the local
press22, was that the matter was not bilateral anymore; the issue was discussed in the General
by landmines in Nepal and to create pressure on the Government of Nepal to ban the
production, transfer, use and stockpiling of landmines to enhance world peace. Taken from:
http://nepal.icbl.org/?page_id=1478
20
Taken from: http://www.the-monitor.org/index.php/publications/display?
url=lm/2006/nepal.html#Heading7 The Background
21
Adapted from: http://www.guardian.co.uk/world/2011/jun/14/nepal-clears-last-landmine?
INTCMP=SRCH paragraph 8)
22
Taken from: http://nepalitimes.com/news.php?id=845

Assembly, and was enforced by neighbor countries like India. These new members of the
problem generated indirect pressure over the Maoist groups, which made them take their
agreement very seriously and obey to most of its aspects. Notwithstanding the agreement, Maoist
groups continued running some projects under the stipulation of it, which stopped the process for
a while.
PREVENTION
Victims are not only included in adult population, under aged (less than 18 years) victims occupy
a wide part of the affected ones, that is why over the last decade, Nepalese Government has taken
action over this problematic by educating children and adults also.
NCBL23 is the organization that over the last decade has had control over the organization of
mine risk education workshops in Nepal. In 2011 NCBL joined UNICEF to provide this
education over 45 districts that had serious cases in injuries and accidents caused by landmines
and cluster munitions. The same year the organization, in cooperation with the Ministry of Peace
and Reconstruction, carried out committees of Local Peace in various districts, similar programs
have been successfully developed accompanied by the Ministry of Education. The benefits that
Mine Risk Education programs bring to society can be reflected in multiple levels, individually,
as a community or in a National Level, which is one of the objectives of the NCBL. Civilians are
more aware on the dangers that landmines and cluster munitions represent for them, they are also
23

NCBL: is the Nepalese derivation of ICBL a global network in over 90 countries that
works for a world free of antipersonnel landmines and cluster munitions, where landmine
and cluster munition survivors can lead fulfilling lives. The Campaign was awarded the
Nobel Peace Prize in recognition of its efforts to bring about the 1997 Mine Ban Treaty.
Since then, we have been advocating for the words of the treaty to become a reality,
demonstrating on a daily basis that civil society has the power to change the world.
At: http://www.icbl.org/

more conscious on how to avoid injuries or deaths from explosive remnants of war24. The training
is aimed at mine victims as well as other populations or people that might be at risk or that have
suffered any derivations of the problem, it includes a reparation process as well as a prevention
process, in the first one, victims are heard and they can also listen the cases of other people, in the
second one, they receive cautions and instructions to be able to survive in contaminated areas 25 as
mentioned before, these results are expected to be seen at an individual level. Regarding to the
community level, it is bilaterally benefitting, it allows NCBL to collect data from all the districts
in the country by doing surveys to many members of a specific community, on the other hand
NCBL maintains the contact with lastly treated people, to evaluate if their progress has been
effective or not, making them have the chance of going on with the treatment and also for the
global network of having a more specific data collection on the mater being able to take into
account each district apart and also have more foresight for other issues and other cases to be
solved, being in this way conscious of the impacts of the issue over time. On a National Level,
Media Published around the country creates consciousness over population and also lobbies the
government to sign26 the Mine Ban Treaty (MBT) and the Convention on Cluster Munition
(CCM).27
SUGGESTIONS FOR OTHER COUNTRIES
24

The explosive remnants of war are cluster bombs, landmines or other types of munitions
that are still active after an armed conflict, meanwhile they are not removed, they present a
serious threat to people that live around areas where they are located.
25
A contaminated area is a sector in which landmines or other harmful munitions have been
planted, it stops being contaminated when the last item is removed.
26
Nepals situation regarding to treaties and resolutions signed on the topic: Nepal voted in
favour of UN General Assembly Resolution 60/80, calling for universalization and full
implementation of the Mine Ban Treaty, on 8 December 2005. It had voted for similar annual
resolutions every year since 1997, except for 2004 when it was absent. Nepal did not attend
the treatys intercessional Standing Committee meetings in June 2005 and May 2006, nor the
Sixth Meeting of States Parties in November-December 2005. Textually quoted from:
http://www.the-monitor.org/index.php/publications/display?
url=lm/2006/nepal.html#Heading11
27
Adapted From: http://nepal.icbl.org/?page_id=1540

Since 2011 Nepal is a free landmine country, after five years of civil war, the United Nations
declared the territory decontaminated when the troops (sent by UN) deactivated the last
minefield, the Prime Minister Jhalnath Khanal assisted to the event and it was more significant
that just a mine being decommissioned, this meant that this side of the conflict was over and that
the safety of the people living in this areas was warranted.28
By the above Nepal should be taken as an example of what to do when a country has many areas
that are filled with mines. The process was not easy, that is why a list of items will explain it in
detail.

At first, the Nepalese government and the rebel groups had to make an agreement,
stipulating the cease fire, as a prime measure to give a definitive solution to the problem,
in Nepals case29, the initiative was taken by the rebel group, which claimed a cease fire
from part of the government. What other governments should do is to encourage the rebel
groups to sign an agreement establishing that no more landmines or other ammunitions
should be planted, explaining good reasons that benefit them as well as the government
and giving incentives that give them peace and warranties, for example: civilians are
being injured, and one of their goals is to fight for their interests (the interests of the
civilians), when they plant a mine, is a very high risk for them, if they cease fire, the

government will cease fire against them.

To assure that both parts of the agreement keep their word, the issue should be discussed
at international levels, for example in the general assembly or in the DISEC committee,
avoiding any predilections and exercising some indirect pressure over the two parts
involved. Nepalese case was taken to the general assembly and this permitted that the

28

Adapted from: http://www.bbc.co.uk/news/world-asia-pacific-13760249

Information at: http://www.the-monitor.org/index.php/publications/display?
url=lm/2006/nepal.html#Heading7
29

Maoists took seriously their promises made when they discussed the issue with the

government.
The policy of the country plays a fundamental role on the progress of the process, a clear
road to the recovery has to be established, enforcing with law all the principals contained
in the constitution of the country, giving special priority to the final solving of the
problem and to the victims that currently exist. Despite Nepals irregular government the
policy was adopted, insisting on the priority of solving every aspect of the country, from

prevention to reparation.
As soon as previous measures are taken, the Government and the NGOs (the ones that
have decided to take part of the process) can start with the clearing of the contaminated
areas. The case of Nepal is going to be mentioned to have a guideline. The group (from
the government) in charged in Nepal of clearance is the Royal Nepalese Army, more
specifically the 14th brigade based in Kathmandu, they count with special devices that
help them to detect and remove all dangers of this kind. The UN also interceded and sent

troops with similar devices to perform the same actions.

It is also of extreme urgency to contact an organization whichs goal is the prevention,
ICBL (International Campaign to Ban Landmines) is very helpful, providing focalized
attention and also establishing headquarters in the country. NCBL is the Nepalese
derivation of ICBL, along its history, it has helped victims of the conflict in many ways
and it has also prevented the major part of the population on how to avoid any contact
with this weapons. In some cases (like is the one of Nepal) 30 monetary aids are provided
by the government, in Nepal it goes from $150 USD to $1500USD depending on the
injuries caused. This value is supposed to cover all the expenses related to the incident
that the person might need.

30

More information on: http://www.huffingtonpost.com/2012/04/03/nepals-landminevictims_n_1400278.html paragraph 6.

This are some actions that should be taken by the governments of the world, over all those
involved in landmine issues, to protect their people and to give them a peaceful environment to
live, protecting all their rights and enforcing law over armed groups that favor the situation.
NEPALESE POLICIES ON THE ISSUE
Disability Policy and Practice
The 1982 Disabled Persons (Protection and Welfare) Act and the 1994 Disabled Persons
(Protection and Welfare) Rules protect the rights of people with disabilities to transportation,
employment, education and other state services. However, reportedly the legislation is not
fully implemented or enforced, and people with disabilities are subject to discrimination. The
Ministry of Women, Children and Social Welfare is responsible for issues relating to people
with disabilities; however, most people with physical or mental disabilities rely almost
exclusively on family members for assistance. According to the Ministry, more than 3,750
disabled people receive a living allowance of Rs.100 ($1.35) per month through the Village
Development Committee. The National Coordination Committee has developed a national
policy on disability; however, it has not yet been approved by the government.31
Mine Ban Policy
It is important to state that Nepal agrees to all the measures taken on the issue by the UN, as it
voted in favour for the Mine Ban Treaty but it has not ratified it yet. In several occasions
Nepal has manifested itself completely in accordance with the banning of landmines, comes to
the case that the chance of joining the treaty has been always open although internally, there
31

Textually quoted from:

http://www.the-monitor.org/index.php/publications/display?
url=lm/2006/nepal.html#Heading210

are some measures (like regulating the government and having a parliament to make an
adequate decision) that have to be taken by Nepal before deciding to satisfy every aspect of an
international treaty. Meanwhile the government, joined with NCBL and UNICEF 32 are
working with the objective of disappearing all the aspects of the problem, because it is marked
as a priority goal to banish all persisting signs of the armed conflict and its derivations.33
AIDING VICTIMS
There are many ways of aiding victims, it is hard to determine the best one because each requires
different assistance, that is why the best way to do it is to integrate all the aspects that a victim
might need and provide them in adequate measures, the way that Nepal government work, could
be a good way to Aid victims since it is based on integrality. The Nepalese government provides
emergency evacuation after an incident, free medical and prosthetic treatment, and financial,
administrative, and logistical support to hospitals. The NCBL provides psychological assessment,
an environment where the affected ones can listen to other cases and be heard as they tell their
experience, to repair their mental health as the state provides the other necessary conditions on
their way to recovery. The delegation of Nepal is aware that the systems that are supposed to be
included, may not work efficiently by lack of budget and proper administration, but in association
with the Red Cross society of Nepal, many victims have been attended and the number tends to
increase as there are no more injured people in the country because it is mine free. Despite the
last, Nepal has searched for other possible sponsors, what it has found is that many NGOs have
32

UNICEF is the driving force that helps build a world where the rights of every child are realized. We have
the global authority to influence decision-makers, and the variety of partners at grassroots level to turn the
most innovative ideas into reality. That makes us unique among world organizations, and unique among
those working with the young. Textually quoted from:
http://www.unicef.org/about/who/index_introduction.html
33

Adapted and more information at:

http://www.the-monitor.org/index.php/publications/display?
url=lm/2006/nepal.html#Heading11

decided to help, not only national organizations but also international, organizations coming from
India and China are helping in the matter and their support has been a crucial component, on the
restoration.34
ENCOURAGING STATES TO BECOME PART OF THE BANNING PROCESS AND
DETERING COUNTRIES FROM USING LANDMINES
It is difficult to think on how every state of the world would become part of the banning process
since the ideologies are very different from one nation to other, but there is a point where all
nations become united, and it is the United Nations, with the 192 member states, it is a very large
community of people working for common welfare and defending the fundamental rights of
people. If a government is established, its main purpose is to satisfy the needs of the people living
in the country and to assume the role of unifying opinions and thoughts to the point that no one is
vetoed from its principal rights and everyone is respected, according to the UN principals.
Having this in mind, governments should look for the welfare of their countries and their people;
this is why Nepalese Delegation strongly suggests reinforcing the United Nations principles and
ratifying them as its their responsibility (in member states). On other hand, if the government of
each country takes responsibility on their mine victims, there are the privileges that this would
bring, giving stability to their governments, preventing them of aiding victims, of paying
procedures and of spending money in future occasions by having to repeat not functional
processes in which no solutions are found at all, also, give a larger focus to other problematic,
now that one of their main ones is being solved.

34

Adapted From:
http://www.the-monitor.org/index.php/publications/display?
url=lm/2006/nepal.html#Heading183

A good way to encourage states would be that the countries that have more monetary
resources and the NGOs, provided help by establishing programs and campaigns dedicated to
generate results on the three levels mentioned lastly, personal, community and national,
getting over the obstacle of the lack of budget (which stops many nations of aiding their
victims, Red Cross, UNICEF, ICBL, and other organizations might help also). In the case of
Nepal, Two countries reported contributing funding for mine action in Nepal in 2005. Canada
contributed C$76,552 (US$63,188) consisting of C$18,997 ($15,681) to the NCBL for
advocacy and C$57,555 ($47,507) to UNICEF for Mine Risk Education. New Zealand
contributed NZ$35,000 ($24,672) to Geneva Call for advocacy in Nepal in 2005. Mines Action
Canada provided C$8,255 ($6,814) to the NCBL in 2005 for a resource center.35 This would
not only be a great help, but it would also be a great reward, (as it has been in Nepal) now that
the reparation of victims is not low-priced and many governments are not able to afford it
without having to reorganize and reduce their budget in many sectors, which would cause a
reorganizing in the activities performed all over the country.
Signing the Mine Ban Treaty should become indispensable (respecting the evolution rhythm
that every country has according to their internal situation) so that every country is committed
and that every country as well is responsible for the damages that this scourge is causing.
Enforcing with international law the treaty signed, so that no country avoids its commitment.
Nepal calls upon all delegations to open the prospect of signing the treaty, like the proper
nation is doing, it expects not only to sign soon and join the treaty but also to be joined by
other nations that are missing.

35

Textually quoted from:

http://www.the-monitor.org/index.php/publications/display?
url=lm/2006/nepal.html#Heading154

APPLYING SOLUTIONS
When solutions are going to be applied, there are some important points that have to be taken into
account, in order to make them work and to be the most efficient possible in accordance with the
needs of each community, population, Nation or even group of Nations.
The first step to apply any solution is to collect data, this process is very important because it
permits to know what specifically needs to be corrected, what areas in the government of a
country are the ones that are more affected or the ones that are presenting insufficiency when
solutions have to be given, what populations are at risk, what communities are affected in the
present and what kind of help do they need. There are several countries in the world that have
already been studied and there is a considerable amount of information about them, while there
are others whichs conflicts are way too complicated and require more evaluations and surveys, to
start acting. The objective with this is to be able enough to provide correct assistance, and to
distribute all the resources needed to accomplish the goal, in the best way. Avoiding wrong
assistance is very important, because it is an inefficient process and all the time and funds
invested, would be lost, for example, what results are gotten from a medical aid when the country
has a straight victim reparation policy and the urgent needs of it are the finding and deactivation
of minefields, it would not be effective, that is why the data collection is a very important stage.
For those countries that have poor data, they can appeal to ICBL, and establish their program of
Landmine and Cluster Munition Monitor (LCCM) 36 that gathers all the information and facts in
36

LCMM: Landmine and Cluster Munition Monitor (the Monitor) provides civil society
monitoring on the humanitarian and developmental consequences of landmines, cluster
munitions, and explosive remnants of war (ERW). An initiative of the International Campaign
to Ban Landmines (ICBL) created in 1998, it provides research and monitoring for the ICBL
and the Cluster Munition Coalition (CMC). The Monitor meets the information needs of the
international community by reporting on all aspects of the landmine, cluster munitions, and
ERW issues; analyzing trends and developments; providing annual updates on every country
in the world; making research findings available in a variety of mediums; maintaining a
global network of experts; and remaining flexible and annually adapting reporting to

the issue taking into account the internal situation of every country and its more indispensible
needs.
Enforcing the mine ban treaty is very important, since it gives shape to the policies of the
countries on the topic marking an action path with specific goals, and also makes official the
commitment of the country towards the issue on an international level, and if the country throws
over the deals established, it can be judged on an international court, having the maximum levels
of security and of safety.
The internal situation of the country is another point that has to be taken into a count, with no
other reason than applying the previously mentioned solutions at a rate that allows the country to
progress efficiently without causing a rupture on the internal system. For example, Nepal is a
country that has unstable conditions in the government, since recently they changed their system
from monarchy to democracy, and they are trying to make it work by enforcing new laws and
giving other rights to people, this is not an easy process and it requires time while the people
adapt and learn and the government discovers the best way to function. For this reason, the
banning of landmines cannot be rushed, although surprisingly the process is now finished and the
needs of the country now are entirely aimed to repairing victims.
Finally with help of other countries that have trajectory on the matter, and with all the
information that is necessary to know about each country, solutions mentioned before and aids
can be applied with the certainty that there are not going to be failures as the information is taken
into a count and the processes followed are agree with the countries internal situation and
ideologies.
changing information needs.
Textually quoted from: http://www.the-monitor.org/index.php/LM/About-Us/What-is-theMonitor

CONCLUSION
It is very important to convince all the countries of taking action in the matter, because there are
many people suffering the scourge of landmines and cluster munitions, which is worrying now
that their main rights are being violated and the chances of the population of the world of having
a better future and a good progress are being reduced. Nepal encourages all nations to take action,
it is a responsibility of governments to provide necessary conditions for the welfare of the people
and for the evolution of the state.