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Combating Terrorism in South Asia - Dr. Prem Singh Basnyat

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Page 1: Terrorism ‘Legitimate’ or ‘Illegitimate’ · Web viewTerrorism ‘Legitimate’ or ‘Illegitimate’? Background. Terrorism, with a long history in the world, has become an

Combating Terrorism in South Asia

- Dr. Prem Singh Basnyat

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Acknowledgement and Clarification

First of all I would like to confirm it that this books contains several articles, previously published in different occasions, it is a bunch of a collection. On the other hand, it aims to communicate the message of personal understanding, may get grammatical mistakes. I request to overlook this weakness to the readers. Writing this book is my personal interests and I will be responsible for every detail.

It is also true to note that the word TERRORIST has been used in the chapter Counter Terrorism Operation: Nepalese example in several places for the liveliness of the history as it is the universal culture of academic writing. This scribe respects the Nepali Congress Party and its glorious history as well.

Finally, I would like to pay my sincere thanks to Prof. Dr. Tulasi Ram Vaidya, , Prof. Dr. Yuvaraj Sangraula, Prof. Geeta Pathak Sangraula , Prof. Dr. Vijaya Kumar Manandhar, Dr Lhamo Yangchen Sherpa, Asst. Prof. Dr. Binod Thapa for their support for my academic research. My gratefulness and thanks go to my spouse Laxmi Basnyat ( MA Sociology and MA History) for her unlimited and valuable support in every step of my life.

Prem Singh Basnyat, PhD

Golfutar Bus stop

Bansbari, Kathmandu, Nepal.

Phone: 009-771- 4370539

[email protected]

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Publishers and other details………………

ISBN – 978-9937-2-6184-5

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Contents Page number

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Some Limitations of the South Asian Region

South Asia is rich in natural beauty and resources, cultural and religious diversity and Basudhaiba Kutumbakam.1 It also possesses the potentiality of being an economic powerhouse in near future in this century. However, it suffers from some limitation in pursuing Basudhaiba Kutumbakam within the subcontinent with some vulnerabilities, including limited state capacity and overlapping geopolitical tensions, which undermine the prospects for regional cooperation. The convergence of limited institutional capacities in governments and law-enforcement agencies with grievances about widespread corruption, underdevelopment, socioeconomic marginalization, and at times the problematic role of the state, make South Asia an attractive operating base for terrorist groups and constrain the capacity of states to respond. 2 Further, the ongoing consolidation of postcolonial national identities,3 and the mutual distrust and suspicion among the states of the region, which is not l imited to the lingering tensions between India and Pakistan, have so far inhibited the level and degree of regional 1 Similar meaning in English would be the

entire earth is my family or Universal Brotherhood.

2 Eric R osand, Naureen Chowdhury Fink, and Jason Ipe , Countering Terrorism in South Asia: Strengthening Multilateral Engagement, (International Peace Institute, 2009), pp. 1-2.

3 Only Nepal was not under any colonial rule in South Asia.

cooperation necessary to address the threat effectively.

Indeed, SAARC region gets mainly two aspects in terrorism as: first, these cases all involve indigenous uprisings that turned to the use of terrorism and second is ; every case saw external intervention frequently exacerbating the original conflicts, prolonging their duration, and dramatically expanding their scope. It is also true to note that there are few examples of effective regional counterterrorism cooperation in the region. South Asian states have been more prone to use terrorist proxies to achieve foreign and security policy goals rather than evince any willingness to engage in viable counterterrorism cooperation. On contrast, the weak regional institutional frameworks, the long history of discord, conflict and distrust among the SAARC states, and organizational weaknesses of counterterrorism capabilities present significant barriers to regional counterterrorism cooperation. On the other hand, the prospects of counterterrorism cooperation in South Asia are distinctly mixed. Though the possibilities for Indo-Pakistani counterterrorism cooperation in the foreseeable future are negligible, there are limited prospects for cooperation between Bangladesh and India, Sri Lanka and India, and Nepal and India.

It goes without saying that terrorism and political violence are not new challenges in South Asia. They have long been used by groups espousing a wide variety of causes, including national self-determination or separatism, both right and left wing politics, and militant religious extremism. In many instances, the fragility of relatively young political systems and nascent democracies has also generated a permissive environment f o r the use of political violence. In addition, militant

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religious groups are exploiting local grievances and drawing on international events to promote radical and extremist causes, though the underlying objectives of many of these groups remain the capture of state power and the radical transformation of systems of government. It is quite obvious that the events of September 11, 2001, brought terrorism to the forefront of the international community’s security agenda. However, while this has highlighted the threat posed by “jihadist”4 terrorism, South Asia has been a victim of violence perpetrated by a myriad of groups with diverse objectives and va r i e d ideologies. There a r e very many motivating factors for boosting the homegrown and externally supported terrorism. However, some of the common factors in South Asia are as follows:

a. P o v e r t y a n d U n e m p l o y m e n t : The South Asian region consists of high level of poverty; almost 38 percent of people are below poverty line, they combat against hunger, illiteracy and diseases.5 It goes without saying that those are the highest vulnerable groups for provocation, subversion,

4 Jihad is simply the process of “exerting the best efforts,” involving some form of “struggle” and “resistance,” to achieve a particular goal. In other words, jihad is the struggle against, or resistance to, something for the sake of a goal. The meaning of the word is independent of the nature of the invested efforts or the sought goal.

5 http://web.worldbank.org/WBSITE/EXTERNAL/TOPICS/EXTPOVERTY/EXTPA/0,,contentMDK:20040961~menuPK435040~pagePK:148956~piPK:216618~theSitePK:430367~isCURL:Y,00.html

mercenary work, criminal activities and, drug trafficking, and transporters of small arms and Improvised Explosive Devices, etc. In other words, their honesty might be misused by any wealthy gangs/groups for their vested interests, including promoting intrastate or interstate conflicts. The primary issue or goal in South Asia is to enhance development and other socio-economic opportunities. In contrast, most of the nation states in the region have got weaponry rivalry for their military might rather than fulfillment of basic needs of needy people. This is definitely a neglected or overlooked area in this subcontinent.

b. Nuclear Rivalry: In fact, the colonial power departing from the region divided South Asia with its long-term effects on ethnic and religious conflicts. Many interstate and intrastate wars/battles have been fought and still there are possibilities of ongoing problems continuing unresolved. A major drawback of the ongoing conflict is nuclear rivalry in South Asia. Risks of nuclear terrorism and blackmail have increased significantly in recent years mainly because of three factors: the growth and spread of nuclear weapons, the expansion of civilian nuclear programmers and the increase in extremist political groups

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waging campaigns of terror. The growing danger encompasses much of the world. Lack or inadequate security over nuclear materials and weapons in one country could be exploited to trigger atomic blackmail and terrorism elsewhere. Inadequate security at nuclear facilities also could provide extremists waging a campaign of terror within a nation, an opportunity to create a situation of national terror by seizing or sabotaging a civilian nuclear power plant or a research reactor or a laboratory. Obviously, it is not easy to keep the balance of security against threat, especially in this super terrorism arena. However, a nation should be capable, at least to challenge against its external conventional threats, in general situation. If the protector is small, the asset is big and the threat is bigger? Then adverse situation arises. In this situation, the nation could go to join either into any alliance or it may try to get Weapons of Mass Destruction / Nuclear, Chemical and Biological tools as its compulsion of national security. The example:

S = F (APT) = SI S = security, F = function, A

= Asset (country, vulnerable point and vulnerable area) P = protector (security capability), T = threat (capability x intent (I) of adversary) and SI = situation.

For an example, in South Asian context the same theory could be applied to other SAARC nations in adverse political situation since India is an asymmetric military giant. The model applies to the imbalanced security situation between any nation state as following6 ;

(Module Source: PS Basnyat)

If protectors (P) do not protect the asset (A) against the threat (T), then either nuclear or military rivalry arises. In this case there is more possibility of nuclear rivalry in South Asia within national capability.

c. Nationalist Politics: Patriotism and nationalism are absolutely essential pillars to a nation state. However, it should be used for national unity, national sovereignty and international harmony. In the South Asian context, it would be prudent and pertinent to cite the example of Kashmir and Nepal. The political future of Kashmir and the dispute over

6 The example has given of India and Pakistan just for easy understanding but not as adversaries.

India(T)

Pakistan(A)

Pakistani

Security

Capability(P)

(T) (A)

(P)

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this territory between India and Pakistan reflect an integral link between contemporary political violence, regional history including the legacy of colonialism and the ongoing enterprises of nation and state-building, as both states struggle to fulfill their foundational ideals i.e., a secular union in the case of India and a homeland for South Asian Muslims in Pakistan, through the acquisition of Kashmir since the Line of Control was established following the 1971 India-Pakistan War. On the other hand, the Communist Party of Nepal (presently the United Communist Party of Nepal, Maoist), which was responsible for an insurgency that lasted more than ten years. Combined with this insurgency the democratic movement in Nepal led to the transformation of the last remaining Hindu Kingdom into a democratic republic in 2006, which is another instance of political development in South Asia. Drawing on longstanding grievances, the Maoists engaged in a “people’s war” designed to put in place a government that would address chronic poverty and inequality, and eliminate the caste system and the social i n ju s t i c e s inherent in the system. The Maoists believe that nationalism provides an emotional rallying point for violent struggle: ‘The Nepalese people are very conscious and

sensitive to the question of nationalism, and they feel proud to lay down their lives while fighting rather than submit to the pressures of the foreigners.’7

However, the Maoist Party has not been able to carry out its promises, although it led government two times, and is presently enjoying virtual monopoly on state resources in the absence of both the Constituent Assembly and Legislature-Parliament. Nepal today finds itself in a fragile ethno-political juncture, which, hopefully, may not lead to the renewal of conflict by way of ethnic cleansing in Nepal.

d. Religious extremism: It is very true that any religion stands for the sake of individual's discipline, social harmony and Basudhaiba Kutumbakam. And it should not be for political use. In contrast, religious extremism defines a second set of groups employing terrorism.8

Unsurprisingly, with late Osama bin Laden and some of his closest associates still at

7 Communist Party of Nepal (Maoist), “Strategy and Tactics of Armed Struggle in Nepal,” March 1995, quoted in International Crisis Group, “Nepal's Maoists: Their Aims, Structure and Strategy,” Asia Report No. 104 (Brussels, October 27, 2005), p. 8.

8 Of course, it may also be argued that the conflict over Kashmir is intrinsically tied to religion and religious identities, also.

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large, al-Qaida remains a primary concern of the international c o m m u n i t y . However, the core of al-Qaida remains intact; it has suffered a backlash within Muslim communities against the forms of violence it inspires and has proved unable to clarify and project its goals following military actions against it. Nonetheless, the one geographical area in which it retains influence is the Afghan-Pakistan border. Activities in this region demonstrate that al-Qaida continues to threaten the stability of Afghanistan and Pakistan, as well as South Asia and the international c o m m u n i t y .9 Militants being and then deployed to target others, is a worrying trend with the potential to challenge South Asia more widely, and it exemplifies the evolution of some groups’ ideologies from political to religious.10Although Pakistan and Afghanistan attract the most of i nternational attention, the threat of religious extremism is not confined to just these two countries. In recent years, there have been concerns regarding an emergent threat in

9 Richard Barrett, “Seven Years After 9/11: Al Qaeda’s Strengths and Vulnerabilities” (London: International Centre for the Study of Radicalisation and Political Violence, 2008), available at h tt p://ics r .in f o/ fi les/ I C S R %20 R i c h a r d%20 B a r r et%20 Pa p e r . p df . .

10 Conference speaker, "Implementing the UN Global Counterterrorism Strategy in South Asia," International Peace Institute, New York, November 13-14, 2008.

Bangladesh too. In 2002, Bertil Lintner of the Far Eastern Economic Review observed in an article that a revolution is taking place in Bangladesh that portends trouble for the region and beyond if left unchallenged.11

This was most visible to the international community when a series of some 400 bombs went off in all but one of Bangladesh’s sixty-four districts on August 17, 2005, for which Jamatul Mujahedeen Bangladesh (JMB) was held responsible. South Asia consists of many other religious groups which enjoy political power: the Rashtriya Swayamsevak Sangh, Vishwa Hindu Parishad and its youth wing, the Bajrang Dal in India and Shiva sena – Nepal which have been inciting much communal and religious violence over the past few decades.12

e. Ethno-nationalist separatist groups: End of the World War II and the end of the Cold War are the two major contributors to political and human rights awareness in the world. Ethno politics is the consequence of demand for equitable treatment. Unfortunately,

11 Bertil Lintner, “Bangladesh: A Cocoon of Terror,” Far Eastern Economic Review, April 4, 2002, available at h tt p:// m e m b e r s. tr i po d .c o m/c r u el b e n g a l be a s t/ r e p o r ts/040302-c o c o o n- o f- t e r ro r . h t m .

12 BBC News, “Gujarat Riot Death Toll Revealed,” May 11, 2005,/h tt p:// n e ws. b b c.c o . u k/2/hi/ s ou t h_asia/45 36199. s t m .

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many of them have turned into nationalist separatist groups due to political limitations of respective nation states. This trend crisscrosses the world and much of the violence and disintegration of the states relate to ethnic ferment as witnessed in the dissolution of the erstwhile Soviet Union and Yugoslavia. In South Asia, most notably, the previous struggle between minority Tamils, whom the Liberation Tigers of Tamil Eelam (LTTE) purported to represent, and the government of Sri Lanka, which represented a powerful Sinhalese majority, remains one of the bloodiest insurgencies in South Asia,13

Separatist movements are also present in Pakistan’s Balochistan and Sindh provinces, India’s Punjab and Northeastern provinces, Bangladesh’s Chittagong Hill Tracts and Nepal also might face this problem in near future, especially in the Terai region.14 For instance, Nepal presently gets a lot of voices for federal states with self determination rights on ethnical basis, which is very serious demand in multi

13 K. Alan Kronstadt and Bruce Vaughn, “Terrorism in South Asia,” paper prepared for the US Congressional Research Service, March 8, 2004, p. 37.

14 Kishore Dash, “Explaining the Dynamics of Domestic Preferences for Deep Cooperation in South Asia,” paper presented at the International Studies Association Convention, San Diego, CA, March 22-25, 2006, p. 13, 2008.

ethnical and multicultural societies, consists of more than 115 casts, in such a small country, lacks financial viability. I hope the demands will be more matured rather emotional, which means the scribe has not blamed them as separatists. Although much of the violence in each of these conflicts is internal, it has the potential to spill over into neighboring provinces. Moreover, “cross-border ethnic sub-nationalism” is one of the main sources of mistrust in the subcontinent.15 Since ethnic minorities in all states in South Asia have close affiliation with their kinfolks in neighbouring states, cross-border ethnic identities widely prevail in South Asia. As a result, ethnic conflicts in one state draw natural support from the co-ethnic groups in neighbouring states. Not surprisingly, the spillover effects of these ethnic conflicts have led each country to blame the other for assisting separatist movements on its soil.16 Furthermore, it has an impact on other regional challenges, such as migration, where concerns about terrorism and separatism have caused a backlash against immigrants, exemplified by the violence in Assam against mostly Muslim settlers thought to have emigrated from Bangladesh.17 It is important

15 Dash, “Deep Cooperation in South Asia,” p. 13.16 ? Ibid.

17 ? BBC News, “Violence Spreads in Assam State,” October 6, 2008, available at

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t o note that terrorist violence in the subcontinent often blurs the distinction between domestic and transnational, single-actor and collective movement, and nationalist and religious objectives.

f. Refugee and unrecorded Migrant Problem: It is true to note that "Atithi Deo Vaba"18

is the traditional culture of South Asia and by observing their cultural values people welcome and respect any native or foreign guests at home. However, the time has changed to review such practices one’s own national security and national sovereignty. On top of that, South Asia has become more and more vulnerable to intrastate and interstate conflict, since it is beset with so many ongoing problems such as influx of thousands of refugees and migrants from neighbouring and transnational nation states. This has become a more dangerous area to harbour terrorism from several vested interests of national and international actors. For instance, Tibetan refugee problem has become a “Trouble Triangle" between China, India and Nepal. United States and European Union have been eying this problem seriously and motivated to turn this crisis to

http://news.bbc.co.uk/2/hi/south_asia/7654012.stm .

18 Guest is like god/goddess

their benefit, whereas Bhutanese Refugees in Nepal, comparatively speaking, are being ignored. For instance, Nepal launched a massive military operation to defuse the Tibetan Khampa Terrorist activities in 1974-75.19 The same problem may revive itself, in the days to come, as “Free Tibet Movement" in the form of “Trouble Triangle” is in offing.

Combating Terrorism

It goes without saying that terrorism has indeed become a global menace, and today no nation or region or community is totally immune from terrorist violence or from its effects. Political will power supported by dialogues and confidence building measures counters any form of violence. It is also true to note that South Asian conflicts have been boosted because of failure to meet the basic needs of the people. The region, which had experienced very low levels of organized terrorism until the early 1980s, has undergone dramatic transformation to become the scene of the bloodiest terrorist violence in the world. In terms of maximum

19 Prem Singh Basnyat, Nepaleese army In Khampa Disarming Mission ( Kathmandu: Sarwochcha Mansingh Basnyat,2007), pp.14-16.

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casualties up to today, it ranks easily as the world's most terrorism - battered region. On the other hand, the growing nuclear aspirations of the two major powers in the region place a heavy onus on Indian and Pakistani leaders to adopt effective methods to counter the dangers of nuclear blackmail and terrorism in the subcontinent. It also would be just to mention that if China, India and Pakistan nuclearize their military rivalries, despite their hunger and poverty, other small nation states may be compelled to have nuclear war tools to protect their national sovereignty as deterrence against their potential adversaries, in worst cases. Because small nations will not be able to compete in infantry, air force, navy and other capability and nuclear induction would be much cheaper than other means. In this case, it would be a sad message to the poor people of South Asia in the days to come. However, this scribe is totally against of nuclear rivalry in South Asia and globe as well.

Secondly, South Asian terrorism reveals that in the past years it has evolved toward more grisly and indiscriminate actions. Terrorists appear to be looking for bigger and more dramatic actions to draw regional and world attention to their causes. A regional initiative, therefore, needs to be launched as part of preventive measures, which should be based on “human security" approach. It consists of political right, food, housing, education, medication, individual security, opportunity, equality and equitable treatment.20The 20 www.humansecurityinitiative.org/definition-human-security

conventional approach may not be fruitful. The level of threat analysis has focused on the state and its law-enforcement, intelligence, and military capabilities. The information super high way is very much faster than military appreciation so that counter measures should be based on a regional approach a s "One for all and all for one- A united South Asia" that includes both “hard” and “soft” and short- and long-term measures, to combat an international and transnational threat with emergent non state actors.

Thirdly, South Asia remains one of the most volatile regions on the globe, with the persistent threat of widespread transnational Islamist terrorism. Clearly, the response mechanisms evolved thus far have not been sufficient or effective. Indeed, a valid concern has often been voiced on whether the countries of the South Asian region have any coherent, consistent or effective policies against Islamist terror. The same question could also be extended to the conduct of US foreign policy, given its increasing role in the region in the post 9/11 era. On the other hand, it may be uncomfortable to say that no SAARC state, of its own accord, can devise a mechanism to overcome the considerable challenges that thwart regional counterterrorism cooperation. Indeed, external drivers; such as the UN,USA ,NATO, EU may be required to play a substantial and sustained role to initiate such a process. Similarly, sustained pressure on Pakistan is needed to shift Islamabad’s policy regarding the intrastate jihadi forces against other in order to achieve any goal. In fact the

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key external powers could play a vital role in policing and counterterrorism cooperation, such as training, border control management, electronic surveillance, and intelligence-sharing as well.

Finally, some of the suggestions given below may be considered as viable preventive measures against terrorism in South Asia:

a. SAARC Empowerment: The South Asian Association of Regional Cooperation or SAARC has become mature with more than 27 years of its establishment. It was born with so many good aims and determination, including Regional Convention on the Suppression of Terrorism which incorporates a definition of “terrorist acts” for the betterment of this region. In contrast, it is the weakest organization on the ground that is like an "Honorary General" is given to a foreign national. It is obvious that the instruments have not been effectively enforced owing to a lack of enabling legislation in most member states. But we can believe i t b e c o m e s an effective mechanism to combat terrorism, provided there is a strong political will to implement decisions, including enhancing judicial measures, promoting greater interagency counterterrorism coordination at the regional level, enhancing border controls, providing training, and sharing information and best practices; and promoting strategic cooperation.

In other words, South Asian leaders should develop a regional strategy for addressing the terrorist threat that should involve not only all members of SAARC, but also partner countries and the United Nations as well. Such a strategy could include the reiteration of SAARC leaders’’ commitment to building a better future for their peoples and recognition that terrorism poses a challenge to human security and the achievement of their development goals.

b. Establishment of Regional Counterterrorism Team: A regional team should be formulated as soon as possible for preventive measures, which should consist of experts of international relations, social scientist, conflict management and counterterrorism experts, social psychologist, country expert, international lawyer, conventional military, all types of police, all types of intelligence agencies, economists, mass media, representation of all types of religious leaders of major religions, medical doctor, disaster and crisis management, and experts and activists from human rights field, etc. All experts need to be independent or retired, not representing existing governmental job of member states. It may be pertinent to suggest that the office of the team needs to be based in India due to availability of resources and advanced technology.

Indian Role: It goes without saying that India is an upcoming giant in the global power equation and at present a superpower in South Asia. No other power is comparable to it within the

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subcontinent. Moreover, India, Pakistan and Bangladesh are single mother's babies, that is, they were part of the Indian subcontinent until partition in 1947. Nepal, India and Sri Lanka have socio-religious relationship since ancient times and Bhutan and Maldives are also not far from India's historical relation. On the other hand, most parts of Afghanistan were also not different from then colonial British - India and they come under India's political and strategic interests. In fact, Indians have expanded themselves across the globe and they are having meaningful holds in different countries. Similarly, India needs to stand on its own to make trustworthy relations with China, which is very important to launch preventive counterterrorism measures in South Asia. In the 21st century with information super highway, youth of this subcontinent are aware of political rights, human rights and other bilateral linkages; nobody could hide such realities in any corner of the world. In this regard, I would suggest reviewing of Indian multiple relations, especially with South Asian countries including China because it is an emerging super power of the globe. South Asia definitely becomes a peaceful and developed subcontinent if China and India embark on exemplary relations. For sure, 90 percent of terrorism/conflicts would go off through the human security development of this region. Finally, India needs to use its might for regional development and undertake preventive measures against terrorism, as European Union does in an equal footing, well-planned and organized manner with all neighboring countries. It would not be

overanalyzing is that India needs to be stressed that it needs to rethink on the on-going trend of China being able to outmaneuver India’s foreign policy in South Asia. India thus gets strategically diminished on the global stage and disrespected in its own neighborhood. Some observations from the foregoing discussion that need to be stressed in deduction are as under:21

China and Pakistan will continue as military adversaries of India for decades to come and this should be the prism through which India’s foreign policy formulations should take place and the bedrock on which India’s South Asia foreign policy options are devised.

China- checkmating by India from making strategic inroads in South Asia at India’s expense demands that India too should be careful on China’s peripheries and its outlying regions, more specifically Tibet. Like Chinese acupuncture India’s needles should be applied further afield in Afghanistan, Myanmar. Vietnam and Mongolia.

In the rest of South Asia, Indian foreign policy formulations the conventional diplomatic, economic and cultural strands should be pursued.

Maintaining the minimum modicum of diplomatic niceties with China and Pakistan, the strategic component in Indian foreign policy formulations should be the dominant strand.

With China and Pakistan being strategically and militarily pervasive in South Asia, India’s foreign policy formulations in South Asia should no longer be politicized and dominated by the personal inclinations and

21 http://www.southasiaanalysis.org/node/972

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obsessions of its apex political leadership.

Chinese Role: Of course, China is not in South Asia but almost half of this region is connected with China. Its multiple influences on South East Asia and South Asia can in no way be undermined. Especially, many small South Asian nations have been trying to be much closer to China, although India is close by physiognomic feature. India needs to be more aware of this reality. In this regard, China needs to give its helping hand for the betterment of this region, including counterterrorism initiatives as well as in the interest of good neighborhood especially with India in order to have a "United Asia". It is also obvious to say that at present, China is the only force which can make stability and balance of power as well as peace and prosperity in the South-Asian region. With the increasing influence and interference of USA in the South-Asian region and after the rapidly growing US-India closeness, world is looking towards China for a more vibrant and lively role to play. Even in Pakistani, Nepalese, Sri Lankan and other people are expecting the Role of Balance from China in South Asian subcontinent. Because, China and India both are emerging economic giants as well and they have to come on common ground for the betterment of Asia. Finally, China, India and Japan would be the builder of the United Asia.

c. Refugee and Migrant Management: It is true to note that "Atithi Deo Vaba"22 is the traditional culture of South Asia and by observing their cultural values people welcome and respect any native or foreign guests at home. However, the time has changed to review such practices one’s own national security and national sovereignty. On top of that, South Asia has become more and more vulnerable to intrastate and interstate conflict, since it is beset with so many ongoing problems such as influx of thousands of refugees and migrants from neighbouring and transnational nation states. This has become a more dangerous area to harbour terrorism from several vested interests of national and international actors. For instance, Tibetan refugee issue has become a “Trouble Triangle" between China, India and Nepal. United States and European Union have been eying this problem seriously and motivated to turn this crisis to their benefit, whereas Bhutanese Refugees in Nepal, comparatively speaking, are being ignored. For instance, Nepal launched a massive military operation to defuse the Tibetan Khampa Terrorist activities in 1974-75.23 The same problem may revive itself, in the days to come,

22 Guest is like god/goddess23 Prem Singh Basnyat, Nepaleese army In

Khampa Disarming Mission ( Kathmandu: Sarwochcha Mansingh Basnyat,2007), pp.14-16.

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as “Free Tibet Movement" in the form of “Trouble Triangle” is in offing. So that it needs systematic management to avoid endangering security of a particular nation. These are very vulnerable groups to be misused by any subversive, religious, ethnic, including terrorist agents. For instance, Bhutanese and Tibetan refugees in Nepal, Burmese Muslims in Bangladesh, Afghan refugees in Pakistan, and Bangladeshi, Sri Lankan and Tibetan refugees in India belong to this category. On the other hand, millions of Nepalese migrants are living in India and some lesser numbers of Indians are in Nepal as unrecorded migrants.24

d. Permanent border management: One of the recognized political principles is to have permanent and distinct border between two neighbouring nation states, which is one of the best measures to prevent terrorist activities, including border encroachment, unrecorded migrants and other unwanted activities. For instance, India, Nepal and other South Asian nations should have proper border management instead of blaming a small neighbour with security grievances. It should be noted that Nepal-India borders are open by treaty obligations between the two countries whereas India has a closed and fenced borders with both Pakistan and Bangladesh and Sri Lanka.

e. Enhancement of human security and non military rivalry: It goes

24 www.migrationinformation.org/feature/display.cfm?ID=733

without saying that hunger, illiteracy and unemployment are the main source of anti-social acts including terrorism, smuggling, kidnapping, killing etc. A human being cannot survive with an empty stomach, nor in the absence of rule of law. As stated earlier, this region contains more than 38 percent people under poverty line. So, South Asia needs to enhance its Human Security paradigm and rule of law rather than military rivalry, including nuclear weapons. On top of that, military top guns of this subcontinent need to be very much honest to solve the intrastate and interstate crisis by other means rather provoking military might. It is the era of wining the hearts and minds of people and conventional military paradigm may not be fruitful as it was essential during the Cold War Era and earlier. I hope it would also be relevant to mention about the upcoming rivalry in "military mussel show" between America, China and India in Asian Continent , America has already announced it to contain Chinese economic energies with its military presence. Which is not good indication for South Asian subcontinent and it definitely results the unhealthy military alliances and induction of war tools instead of welfare of the poor people of South Asia. In other words "War is a profitable business" for top guns of the globe and it falls under political strategy too.

f. Settlement of Kashmiri and Afghan problem: Problems in

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both Kashmir and Afghanistan are of international dimension and appear to be never ending in this subcontinent, which continues to be confronted by identity and need issues since its history. Of course, we should respect the political reality and its inherent issues. However, the key stakeholders need to come forward to settle problems with a broad and open heart. Otherwise, problems will linger on for unlimited periods costing thousands of lives and providing space for unethical intrastate and interstate actors as winners, whereas the people of Kashmir and Afghanistan will be the real losers. Finally, the hostile situation, including acts of terrorism will increase day in and day out. Basically, the Kashmir issue is a chronic problem and as a result, SAARC has become very weak due to the turmoil in Indo- Pak relations. SAARC cannot decide or even deliberate on any political dispute ignoring Indian Interest. On the other hand, USA has urged India to lead in South Asian disputes management including Afghanistan, at present days. This would be an honourable global responsibility. Indian role would be very much practical since it is in the next door however, India needs to be very careful to handle the Afghani problem since it would be against Taliban and Al-Qaida as ethnical interference, India may get more troubles and it spreads across the subcontinent, finally.

g. SAARC Defense Diplomacy Forum: Every country gives first priority to its sovereignty, and governmental security agencies remain ever ready to provide suggestions on national security matters to their governments. In this regard, if South Asian defense institutions including police and Para-military forces could form an integrated forum for exchanging information on security issues with a view to promoting clear misunderstanding and strengthening regional security, it would be very much helpful to prevent terrorism in South Asia. On the other hand, this would also help political diplomacy for smooth going in this region.

h. BIMSTEC Effort: Bay of Bengal Initiative for Multi-Sector Technical and Economic Cooperation, which includes Bangladesh, Bhutan, India, Myanmar, Nepal, Sri Lanka, and Thailand also, could play an effective role in devising counter terrorism measures and for enhancement of Human Security. It has already established a Counter-Terrorism and Transnational Crime Sector (CTTCS) responsible for coordinating the sub-region-wide response.25

i. United Nations Support: The United Nations could be more helpful with its increasing recognition of the importance of

25 BIMSTEC, “Counter-terrorism and Trans-national Crime Sub-Sector,” 2008/ww w . b i mst e c. o r g/c o u n t er_ t e r ro r . h tm l .

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combating terrorism, conflict, and political violence in South Asia and to forge stronger cooperation on the implementation of the UN Global Counter-Terrorism Strategy between the UN and South Asia, and within the region itself.

Conclusion

To conclude, terrorism is a destructive act. It is quite difficult to predict the size, shape, type and means of terrorism. Many ethnic, religious and separatist groups have used it as their weapon against different communities and countries. But we cannot prove whether it is legitimate or illegitimate. Many people and writers have explained it as a legitimate tactic or as customary law. By natural law, every person belonging to a group, religion or ethnicity is free to protect his or her identity. If they are threatened, they can use any appropriate means of defense .So, terrorism, violence, uprisings, sabotage can be used against powerful adversaries. However, it destroys social ethics and undermines law-abiding the community. The state horror created by terrorism is condemnable as it is illegitimate.

On the other hand, it is painful to say that South Asia is a region where terrorists are displaying increasing sophistication in their strikes, not only in weaponry but also in ways of carrying out attacks. Combating terrorism has become the biggest

political challenge to the national leadership in Afghanistan, India, Nepal and Pakistan. And if present trends are any indication, terrorism may remain the main political problem in all countries at least for a decade. This trend serves to highlight the growing dangers of atomic blackmail and terrorism in a subcontinent which is home to about a fifth of the world's population.26

At the end, the November 2008 Mumbai attacks serves as a stark reminder of the regional dimension of the terrorist threat in South Asia, whereby terrorist groups can exploit the political fragility, development challenges, and violent religious extremism that are increasingly prevalent across the subcontinent. The incident highlighted the lack of a meaningful regional framework to facilitate the cooperation necessary to respond to and prevent future terrorist acts and the need to develop an effective regional counterterrorism response. Consequently, this paper has argued that SAARC will be well-placed to stimulate greater regional Human Security Paradigm and cooperation on counterterrorism, especially given its comparative advantages as a result of its neutrality, expertise, and the strength of intellectuals from the region provided we are honest to practice "One for all and all for one- A united South Asia”.26

www.tandfonline.com/doi/abs/10.1080/10576108808435744

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Counter Terrorism Operation: Nepalese example

Background27

Immediately after the lapse of a few months of the introduction of Panchayat System, on 1st Poush 2017(December 15, 1960) following the dissolution of the interim government by His Majesty late King Mahendra Bir Bikram Shah , different terrorist28 activities were carried out against the then Panchayat System through the united efforts of the dissatisfied political parties in different places of Nepal. Except the planners staying in foreign land, Commander Yagnya Bahadur Thapa can be cited as an example of an active worker in this act of terror. He was born at Chisankhupakhe Village of Okhaldhunga district, entered the service of the then Royal Nepalese

27 The information have received from the talk with retired Major General Mr.Raghuchandra Bahadur Singh, then Brigadier General ( Chief of Army Staff at present ) Mr.Rukmangad Katawal, retired Brigadier General Mr. Keshar Bahadur Gadtaula and other army officers who had participated in the above military operation. Similarly, from the Soorya (Monthly) -Year 2, Complete issue 11, Falgun, 2050 (mid-Feb. to mid-March,1994 ),Page 29 and Copy of the letter dated 2031/9/11/15 (1974/12/26/5 approx.) written to the Police Hq. from the Police Inspector's Office, Okhaldhunga.28 The words, “terrorist, terror, insurgents and insurgency” have been used according to the then Panchayat Government and the scribe has not any interest to dishonour to any person or political party. All those political parties and anti-Panchayat elements, who fought for democracy have become freedom fighters after 1990. Please do not misunderstand with those words at present. They all are no more terrorists and insurgents after 1990.

Army (now Nepalese Army) and was promoted to the post of Captain. During his posting at Shree Junga Company (now battalion ), Taplejung district, he was sacked from service without a title to pension in 2018 (1961) on the charge of plundering arms and ammunitions in close contact with the political leaders at the spot of Thumphedin of the same district. After dismissal from service, he went to India to pass his exiled life, and turned to insurgents’ organization by establishing close relation with different political leaders.

At that time, armies and policemen were mobilized at the national level at different entry points in order to suppress the terrorists' activities that were spreading widely in different districts of the country. At that moment, Captain Yagnya Bhadur Thapa of Nepalese Army, commanding the Shree jung Company, had settled at Thumphedin village in Taplejung district. Captain Yagnya Bahadur, being inclined towards political parties, colluded with the leaders and arranged a sumptuous dinner (Bada Khana) to the entire troops of the Company. He was sacked from service on the charge of letting the political workers plunder weapons by serving excessive liquors to the entire troops in the feast. In accordance with the traditional Customs, on the auspicious occasion of Bada Dashain and Chaite Dashain, the feast, which is organized in the Nepalese Army at the specified spot for all the soldiers right from the officers to the lower rank and file is called Bada Khana (sumptuous

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dinner). In this connection, following reasons can be ascribed to the Okhaldhunga incident:-

a. Ex-Captain Yagnya Bahadur Thapa’s dismissal from service and hisfull dedication towards the Nepali Congress.

b. Captain Yagnya Bahadur Thapa’s arrival to establish contact with thepolitical workers at the time when they were organizing armed forces in the foreign land.

c. Insurgents’ involvement in the organizing and collection of the arms and ammunitions with the objective of establishing their station at an appropriate spot of Nepal.

d. Full assurance extended by Jamdar (Wo-2) Karna Bahadur Basnet working in the district of then Okhaldhunga Army barrack itself to provide help to political workers.

Objectives behind the Okhaldhunga Incident

a. To plunder the Bank and collect money after capturing the Barrack in the district of Okhaldhunga .

b. To capture the districts Headquarters of Solukhumbu and Diktel and put them under their control.

c. To cause obstructions in the

governmental development works.

d. To create an environment of instability in the country by causing unrest and terror among the people.

e. To thwart the auspicious coronation of His Majesty King Birendra Bir Bikram Shah Dev.

f. To show the might of the political parties at the national and international level through aggressive terrorism.

g. To restore the multiparty democratic system in Nepal and overthrow the partiless Panchayat System.

Initiation of Okhaldhunga Incident

While going on training to Biratnagar Barrack from Okhaldhunga Army barrack Jamdar (Wo-2) Karna Bahadur Basnet, who was working with Vishnudal Company in Okhaldhunga district, met Ex-Captain Yagna Bahadur Thapa and political workers, and assured them of his cooperation in case an attack is to be made in the district of Okhaldhunga. For this purpose Karna Bahadur Basnet had received a sum of Rupees 12,000 (Twelve Thousand) Indian Currency in two installments from the workers and after his arrival at home, he had written letters to the Nepali political workers in India.

In accordance with Jamdar Karna Bahadur’s plan, he intended to remain

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on duty as Junior Commission Officer (duty JCO) at the time when the insurgents would come to loot the Nepalese Army Barrack and he would depute the personnel selected by himself to the duty of the quarters guard. Quarter guard is the main store of weapons, ammunition and explosives. Since it was planned to extend help in the capturing of the barrack under such a situation, the terrorists fully planned to move towards Okhaldhunga in the month of Marga 2031(Nov 1974).

On 10th Marga, 2031(25th Nov., 1974), a group of 35(thirty-five) personnels including Ex-Captain Yagnya Bahadur Thapa had assembled at the house of Narayan Babu Tiwari at the Chandanpati village of Bihar, India to meet with the political leaders . They were instructed to attack Okhaldhunga district of Sagarmatha Zone, capture it and plunder the Bank. Then with the aim of capturing the headquarters of Solukhumbu and Diktel districts, Captain Yagnya Bahadur Thapa was made tactical Commander, and briefings were given to Gopal Rai, Ram Laxman and Mahesh Karmacha. On that very day, they were seen off by the Congress leaders after getting garlanded with flowers and auspicious red vermillion 'tika' put on their foreheads from Aanpgachhi of Farbesganj, India. At 18:00 o’clock in the evening, a group of thirty-five armed forces set off to enter into the Nepalese territory. Prior to this, the Ex-police Head Constable Shamsher Bahadur had taken Ambar Bahadur

Gurung, Corporal of Bishnudal Company to Chandanpati in India around 23-24th Kartik 2031(8-9th

October 1974). At that time, Captain Yagya Bahadur Thapa had taken information about the arms and ammunitions stored at Bishnudal Company located at Okhaldhunga from Ambar Bahadur and that the Congress leaders had also interviewed that person. Thus the insurgents armed in a group of thirty-five, being fully assured and accompanied by the military personnel fully acquainted with the situation in addition to getting full cooperation and assurance even from the incumbent military personnel, arrived at Aanpgachhi (next) near Jainagar, the bordering area of Nepal.

At Aanpgachhi, some Congress workers had distributed arms and ammunitions and clothes required for those 35 persons. Details of arms and clothes were as follows:-

Weapons

a. Rifle-10 pcs b. Stengun-5 pcsc. 12Bore gun-5 pcsd. Pistol-3 pcse. No.36 Grenade-10 pcsf. Ammunitions rounds ; 150each

of the list a, b, c,and d.g. Walkie talkie-4 pcsh. Compass-1 pci. Gelatin-8(materials for

exploding bridges)j. Mark 5 rifle-5 pcsk. Explosives, detonators etc.

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Clothes

a. Woolen shirts-35 pcsb. Khagi woolen vests -35 pcsc. Rubber vests -35 pcsd. PT Shoes-35 pairs e. Woolen sock -35 pairsf. National caps-35 pcsg. Woolen Caps-35 pcsh. Woolen jerseys-35 pcsi. Tumlets-35 pcsj. Kitbags-35 pcs

Details of Incident

On 2031/8/11(1974/11/23) while the team of the thirty-five terrorists were proceeding towards Okhaldhunga after receiving the above- mentioned weapons and clothes , three of them ,viz Gopal Rai, Mohan Kumar Gurung and Ganesh Dhimal arrived at the night time, and hence were left at the same place. While coming secretly en route to Kamala river via Jainagar from the Nepal border, the team of the remaining 32 persons dispersed at the sight of the peasants who were guarding the paddy, when they arrived at the nearby Badarwa village. As a result of losing the way, again the two armed personnel named Dhak Bahadur and Deep Dewan got separated from the group along with the weapons and Captain Yagya Bahadur ,being unable to trace them in spite of a wide search ,moved ahead with the remaining thirty persons. While crossing the Kamala River enroute, Ambar Bahadur dropped one piece of

Mark 5 rifle and 50 rounds of bullets into the river and the terrorists along with their weapons arrived at Grass village(near Katari) of Udayapur district and took their lunch on 2031/8/14(1974/11/29) at the house of Birsha Bahadur Rai, a relative of Lok Bahadur Gurung. Birsha Bahadur had served the terrorists with a meal of mutton and already given them assurances of collecting the ex-servicemen for further extension of help to the terrorists. But as the preplanned assistance could not be provided, they set off for Mayakhu via Harithumka, wrapping the arms and ammunitions under their possession in a cloth and getting them carried by a porter and passed the night at a shop over there.

On 2031/8/15 (1974/11/30) the terrorist had sent a four member team secretly from there without arms under the leadership of Ambar Bahadur to enquire about the situation of the Solu district. Other members were Ambar Bahadur, Harka Bahadur Karki, Ram Kumar Sunuwar, Bhim Bahadur Katuwal and Keshar Rai. Of the weapons, except those of the persons sent to Solu district, the uncertified and excess weapons were hidden at a spot of the forest called Balaute Chhango. On being informed about these weapons by the terrorists arrested later, the army and police traced and submitted them to the Police Office. Details of weapons

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available are as follows:-

a. 303 rifle -10 pcs

b. Mark 5 rifle -2 pcs

c. 12 Bore gun -1 pc

d. Explosives -27 pcs

e. Gelatine—16 pcs

f. Bag (made of cloth and full of documents)- 1 pc

At dawn, 3 a.m on 2031/8/16(1974/12/1) the terrorists crossed Toxel ghat (embankment) and entered the Okhaldhunga district. Of them, Madan Bahadur Rai, being confined to bed, was left at the lowland house (confluence of Bholung streams) of Bhim Bahadur Adhikari and the terrorists moved ahead. In order to know the situation of the headquarters of the Okhaldhunga district, Tika Rai was sent with a walky talky and they had reached the forest of Majhigaon for the night haltage on 2031/8/16(1974/12/1). In the morning of 2031/8/17 (1974/12/2), they set off from there, took their lunch at the farm house of Buddhi Man Tamang located by the side of Molang stream and reached the forest of Simlebeshi for the night haltage.

In the morning of 19th Marg, 2031(4th December, 1975), they set off for the Dhodre forest crossing the Melung stream en route to Para Dovan and reached the Dhodre

forest on 20th Marga (5th

December) and stayed one night there. The next day 21st Marga( 6th

December) they crossed the Palung stream in the night and stayed in Thare at Sahinli’s house. The woman was known as Thare Sahinl. On 22nd Marg a (7th

December) morning, Peshal Kumar Dahal, a terrorist, with the letter of Chandra Kanta Sharma and Bal Bahadur Rai alias Bhairab was sent to meet them.. He (P.K. Dahal) came across the Okhaldhunga-based Nepalese Army and the Police Troops at a place called Khaltekholchhi at the Prapcha Village Panchayat. While they intended to capture him, he (Dahal) attempted to escape and, in turn, the Army and Police shot him dead on the spot.

In the morning of 21st Marga 2031(6th December ,1975), the terrorists who left the home of Thare Sahili, spent that day and also the 5th December in the Thare jungle. Next day, 22nd Marga,(7th

December), they crossed the Banseko stream, entered the Khinji Panchayat and ate boiled potatoes at the residence of Kami Sherpa. In the meantime, Mahesh Karmacha, also a terrorist, set off towards his home at Khijibhuji and his in-law’s home after taking a sum of Rs. 1200 from ex-Captain Yagnya Bahadur to make a gathering of people and to buy woolen carpets. Other teams reached a place called Thapa Danda on 24th Marga,(9th December) , made hamlets and started residing there.

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They divided their team into four groups from this very place and set an ambush on the top of the hill. The same day, Hari Saplacha, brother-in-law of Mahesh Karmacha, who was on a mission to gather people, reached the ambush site, met Yagnya Bahadur and said, “ Woollen carpets are being carried by the people, who will arrive here by tomorrow and the carpets will be handed over to you. My brother-in-law, Mahesh Karmacha and I will arrive here with men". Hari Salpacha stayed there one night and started waiting for Mahesh Karmacha till the morning of 27th Marga, 2031(12th

December, 1975). Since Mahesh Karmacha did not turn up till 27th Marga, 2031(12th December, 1975), the team led by Yagnya Bahadur left for the Solu district enroute to a place called Tolu. That team reached a village called Aangmang on 28th Marga(13th

December) and they stayed one night in a desolate house, and reached the residence of Netra Bahadur next day, 29th Marga(14th

December). There they took their morning meal and these terrorists spent their night in a natural cave which looked like a bunker located at the Tilpung forest.

Beginning of the Military Operations for Stopping

Terrorist Activities

From the very formation of the Nepalese Army, military service has been regarded as a prestigious

profession.. Everyone working in such establishments has remained loyal and true to salt in its true sense to every Government of Nepal. To a soldier, the order from the higher level is more important than his own life. Military personnel work with trust in their Commander’s integrity and faith in the Government’s 'SINDUR' (a mark of saffron powder paste pasted on the soldier's forehead by the King (now Prime Minister) with his fingers as a sign of his grace to take them in his fold). This is a profession in which everyone makes a promise not to flinch from slaying even his own father and hang his own mother if the country so demands. If someone commits a betrayal by remaining in such a profession, it will be a heinous crime, an abysmal sin and a high treason contrary to the salt of the land in accordance with military ethics. The major religion of the army everywhere in the world is to stand by the code of military ethics.

In whatever way may it be defined from one's political and personal point of view and however best may it be adjudged in the world, if a military man betrays institutional religion and get swayed at the instigation by outsiders, he is an outright traitor ,disloyal to the salt of the land. No political odor is permissible within military confidence, law and discipline. For example, a veteran statesman may formulate policies and regulations and make decisions but if the

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Army commander who goes to implement these decisions, works in favour of the enemy, and acts contrary to the order, even the national sovereignty may remain at stake or the nation will have to lose its territory. In times of peril, the entire country is likely to get extinct due to the misconduct of a military leader. Hence there is no room for any compromise at all between an army and its integrity. So that this military ethic and discipline applies to then Captain Yagnya Bahadur Thapa too.

The then Captain Yagnya Bahadur Thapa who held the prestigious post of Company Commander, wore the uniform of the Nepalese Army with the Government’s SINDUR(a mark of grace} on his head, and was responsible for the security of two to three districts, committed an act which was an outright treachery to the Army. No one in an Army uniform should remain engaged in political activities. Army personnel are also citizens of the country, they are also entitled to political rights, but political activities are possible for him only when he is relieved of the military service. The handing- over of the Company’s arms and ammunitions to the political parties declared anti-national elements by the Government by getting all the rank and file working with the Taplejung -based Shree Jung Company drink heavily at the time of a sumptuous dinner organized on the occasion of the Dashain Festival, is totally an

illegal action. Its political interpretation could be otherwise but from the military point of view, it is an act of sedition against the nation. If such personnel continue to work, it is likely that they might even offer the keys of the arsenal to the enemy during the times of crisis. There can be no less heinous crime than this in the chapter of the military law of the world. It is in this context that the Nepalese Army had taken an action to avert the activities of the terrorists that occurred in Okhaldhunga.

Actions taken from the then Government's side

On 17th Marga ,2031(2nd December, 1975), the then Bishnu Dal Company located at Okhaldhunga knew through a special source that a terrorist group with arms and ammunitions had already entered via the Toksel river bank located at Okhaldhunga at 3 o’clock in the morning of 16th Marga, 2031(1st December, 1975). This news was circulated to the concerned department and the police and army personnel in civil dress were deployed to acquire detailed information about the terrorists.

The concerned Brigade Officer circulated an order to the Bishnu Dal Company Commander Captain Indra Bahadur Sijapati to make special security arrangement. Accordingly, the Company made a plan to destroy the terrorists by setting an ambush in

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the proper place in pursuance of the opinion of the Company Commander. Based on the news that a group of 25/30 terrorists have been staying at the residence of Buddhiman and they were moving ahead through the Bholung stream, the Company Commander sent a section troops under the leadership of Jamadar (WO-2) Karna Bahadur (who was a paid agent of the terrorist group)to destroy the terrorists by setting an ambush on their route. The police officers and other policemen also accompanied the team. However, Jamadar Karna Bahadur, without setting an ambush in the fixed site, set it near the bridge of Chyanam with the intention of letting the terrorists escape. The terrorists knew about this plan since they had an efficient means of communication. They gave up their planned route and proceeded towards the Para village via Para Dovan and thus the ambush was a failure.

Thereafter, a team comprising of the Army and the Armed Police in civil dress was sent again through Prapcha to set up an ambush at Thare. The ambush team shot dead Peshal Kumar Dahal, a terrorist, in the morning of 21 Marga, 2031(6th December, 1975) at a place called Khaldekholsi in Prapacha Village Panchayat when Dahal tried to escape the ambush team.

As per the message that the terrorists are entering via Toxel Ghat, Karna Bahadur’s team was deployed on 18 Marga, 2031(3rd December ,1975) to

set an ambush in Toxel Ghat to wipe out the terrorists assembled in the Para Gaun. However, Jamadar Karna Bahadur fetched the army straight to Toxel Ghat and the terrorists got a chance to escape Para Dovan. As per the prior information that the terrorists are heading towards Solu via Para Dovan, one section troops was sent to set up an ambush. As per the information that the terrorists are heading towards Pattale Height to capture the Salleri Bank, their intention was intimated to the concerned department as well. The concerned department instructed the Company Commander of the Bishnu Dal Company for operational readiness for an immediate move of more than one Platoon troops to protect Salleri. Accordingly, one platoon of the Bishnu Dal Company was deployed towards Salleri.

On 28 Marga, 2031(December 13, 1975), Raghu Chandra Bahadur Singh ,the then Major (later Major General), along with one Section troops of the Pashupati Prasad Battalion went there by helicopter. As per the order of Major Raghuchandra, a team under the Command of Captain Indra Bahadur Sijapati (father of present Colonel Surendra Sijapati) , the Company Commander of Bishnu Dal Company moved towards Salleri by helicopter on 29th Marga, 2031(14th

December, 1975). As planned by Raghuchandra Bahadur Singh, upon the fleeing and disappearance of Captain Yagya Bahadur in course of search for a person competent enough to launch further operation, the then

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Captain Rukmangadh Katuwal29

( later COAS) was summoned to Okhaldhunga. Katuwal took the risky step. The overall commander of this task was the then Major Raghuchandra Bahadur Singh, who is a retired Major General at present. All of the Army Officers (Singh, Katawal and Sijapati) did a very good job by the order of the then Government. They must be appreciated for their courage but should not be criticized from the political viewpoint at present

Action upon arrival at Solu

A team led by the Commander of Bishnu Dal Company upon arrival at Solu, selected a proper site, prepared defense position and arranged strict security and was receiving information from various sources. Next day the deputy chief of local Panchayat that the terrorists were staying in Tilpung forest areas informed the team. A team consisting of a few army and police personnel in civil dress, concealing arms and ammunitions and supposedly familiar with the place, was deployed on an espionage mission. This team came across a member of the terrorists gang called Shamsher Bahadur, an Ex-Police Head Constable, who was proceeding towards the Headquarters of Solu, pretending to buy a he-goat and he (Shamsher Bahadur ) was caught by this team. He gave all the 29 Captain Katwal did an appreciated job and he was a real soldier. He was proven as a military hero of that operation. He did everything by the order of higher authority and there is no more his personal interests. So that he should not be pointed out from political viewpoint at present. The scribe presented all the facts for national history.

details concerning the terrorists' residential sites. The on-the-spot details were reported and a plan was made to destroy the terrorists who were living in the cave of Tilpung forest and save the main position. A NCO’s (Billadar) team was sent to set up an ambush in the Solu Bridge. Subedar Tap Bahadur was ordered to remain on stand – by.

Accompanied by Shamsher Bahadur who was captured at 15:30 on 30th

Marga, 2031(15th December, 1975), a move was made towards Tilpung cave en route from Solu to Salme. Making a halt at a distance of 150 yards, a reconnaissance of the cave was made. No activity except fire light was observed then. Upon the second observation, the shadow of a man moving became visible. The team left this site for a while and came back again giving some directions. Accordingly, a grenade was thrown from the uppermost hole and the team entered the cave, firing from right and left sides. In this way, an attack was launched until 5 a.m. in the morning of 1st Poush, 2031(16th Dec, 1975) and the site was under the control of the army. The following persons are reported to have been killed in the army operation:-

a. Mahesh Koirala- Sena Village Panchayat

b. Ram Upadhya- Sirah

c. Laxman Chandra- Sirah

d. Padma Prasad Puri- Aiselukharka

e. Man Bahadur Limbu

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f. Mahilo Rai- Halesi

g. Netra Bahadur Karki- Ex -policeman, Dingla

h. Lal Bahadur Tamang –Dharan

i. Praja Lal Rai

j. Shyam Bahadur Gurung-Dumre

Ram Prashad Rai was the one who escaped from the cave during the1st

Poush (16th December)'s army operation. He was found wounded in the forest and died on the way while being taken to Solu. Though some terrorists fled from the cave, a police team led by Police Inspector Bhakta Bahadur Pradhan who was kept in the cut-off position shot them dead in a place called Thade. Those killed at Thade by the bullets of the team were Agam Mani Rai, Man Bahadur Thapa Magar, Chandra Bahadur Tamang and Krishna Prasad Limbu. The following sare the list of weapons and other equipments found at Thade including the Tiplung forest during search operation carried out at the suspected areas:-

a. 303 Rifle-3

b. Sten Gun-1

c. 12 Bore rounds -152

d. Sten gun Bullet-200

e. 36 Hand Grenade -4

f. Mat -2

g. Mark 5 Rifle -2

h. 38 Bore Pistol -2

i. 303 Bullet -1390

j. Walkie Talkie -1

k. Detonator -4

l. 12 Bore Gun -1

A few others who escaped from the military operation carried out at Tilpung Jungle and Thade are as follows:-

a. Ex. -Captain Yagya Bahadur Thapa

b. Mahesh Karmacha

c. Jasodhan Rai

d. Keshar Thulung

e. Shiva Kumar Rai

Arrest of Captain Yagya Bahadur Thapa

Nepalese Army and Police were stationed at all the passes of the district to capture the terrorists who had dispersed and escaped. The Nepalese Army and Police returned to Solu in search of the places where the terrorists had escaped. After it was discovered that the Team Leader Captain Yagya Bahadur Thapa had escaped from the cave of the Tilpung forest and proceeded towards his home, he was pursued and meanwhile a message was received that he was hiding himself past the way to Kuivir village in a hay stack near a Brahmin's home in a place called

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Chisankhu and it was relayed to a platoon of the Nepalese Army which was one of the many teams stationed at the potential passes and was now being deployed to set up an ambush at the Rasuwaghat quay. The team captured Ex-Captain Yagya Bahadur Thapa in the hay stack. In this way the terrorists team leader Yagya Bahadur Thapa was captured with the help of the Nepalese Army, some Police personnel, and local Administration and with the support of the local people .Upon the divulgence of this matter, the following personnel from Kathmandu were deputed on 6th

Poush, 2031(21st December ,1975) to take statements, make enquiries and investigate into this matter at the central level :-

a. Home Secretary Birendra Parsad Shah- Chairman

b. D.I.G.P. Chaand Bahadur Rai-Member

c. D.I.G.P Durlabh Kumar Thapa –Member ( later IGP)

d. Colonel Keshar Bahadur Gadtaula-Member (later Retired Brigadier General).

e. Advocate Bhairab Prasad Lamsal –Member

Yagnya Bahadur Thapa’s Statement

When the senior officers deputed to the investigation task probed Yagnya Bahadur Thapa and took his statement, he involved Jamadar (WO-2) Karna Bahadur Basnet of the Vishnudal Company and Corporal Bhupendra Bahadur Basnet of Barda Bahadur Battalion who had been

transferred there from Vishnudal Company . So both Captain Yagnya Bahadur Thapa and Jamdar Karna Bahadur Basnet were brought to Kathmandu by helicopter for Government’s action. Corporal Bhupendra Basnet was arrested from the duty-station at National Museum , Chhauni, Kathmandu when he was there on duty, and was put under detention for legal action.

Of the thirty-five terrorists solely engaged in Okhaldhunga incident, sixteen died from the military and police operations. Nine of them including Yagya Bahadur were arrested and Gopal Rai, Mohan Gurung and Ganesh Dhimal also crossed the Indian border and never came back and Deep Dewan Rai, Dhak Bahadur Rai, Mahesh Karmacha, Lok Bahadur Gurung, Jasodhan Rai, Keshar Thulung and Shiva kumar Rai escaped from the clutches of military operation and remained absconding. Thus, the Okhaldhunga episode started and ended.

Security Situation of Asia Pacific Region may lead to

Terrorism?

Asia Pacific Region (APR) is a part of the world which lies near the Western Pacific Ocean. The region varies in

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size depending on context, it includes much of East Asia, Southeast Asia, and Oceania. The Asia Pacific Region constitutes 50 countries including major emerging countries like China, India, Japan and Korea and also the rest of the other countries of North East Asia, South East Asia, and Western Pacific countries like Australia and New Zealand. The United States of America is not geographically connected with this region; because of its strategic and economic engagement with all these countries its presence keeps a great importance. Russia’s inclusion has also always been Significant due to its geographical presence as well as its stature and role in the UN Security Council.30

This region is strategically important for countries like China, USA and other countries in the periphery for the security of the Sea Lines of Communication (SLOC) which is the lifeline for the economic development of the countries in this region. Countries have beefed up their military efforts and have shown offensive posture to guard against the perceived threats from other countries which in turn has made the region volatile.

Major global players especially USA and China are in race to contain the activities of one another and exploit

30 This chapter is mainly based on the Brig Gen Bijaya Kumar Shahi's talk paper "An analysis of security situation in Asia Pacific Region, Its Impact and the Possible Ways out" while he was working at the National security Council secretariat, Kathmandu, Nepal.

strategic importance of the region. Increasing military activities are adding in making the region more volatile & insecure.

Security Imperatives of Asia Pacific Region

The Asia-Pacific’s strong response to the worldwide economic crisis, its growing military modernization programs and growing integration are evidences of the region’s expanding global power. At the same time, the region has became home to growing transnational crimes, developed nations and emerging states, authoritarian regimes and democratic politics – as well as a resident power which has long enjoyed supremacy in the region, the United States. Due to the emergence of Asia Pacific as the strategic region USA has shifted its attention from Atlantic and Iraq to show a stronger presence in this increasingly vital region.

The challenge for the contesting countries like America and China in showing the strong presence and safeguard national interest will be twofold: first, to understand that the balance of influence is shifting; and second, to achieve a fundamental evolution in thinking that can advance national interests in a rapidly changing international arena dominated more and more by Asia. Understanding this shift – anticipating it, comprehending the implications of it and helping to manage it will be among the most pressing challenges for the coming generation of strategists of all involved countries.

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Transnational threats, interstate conflict, nuclear proliferation and various other reasons have increased the concerns of security in the region. Assertive posture of the countries and increasing military spending has also dictated increased security concerns in the region. Asia Pacific Region has been emerging as a volatile region mainly due to the military buildup and offensive posture of the countries in the region which could trigger new conflicts bringing in global concerns. Multilateralism, regionalism, transnational challenges and rising powers demand new types of engagement from superpowers and new contributions from Asian Nations. The tug of war of uni polar and multi polar world between super powers and emerging countries in the region has also shown increase in the security concerns.

Security concerns in the Asia-pacific region

The Asia-Pacific Region is no stranger to threats posed by weapons of mass destruction (WMD) proliferation, terrorism or weak and failing states. In recent decades, East Asia has attracted increasing international attention as the center of world economic growth. The regional peace, upon which that prosperity rests, however is fragile. Although there has been no major war for decades, several simmering issues & conflicts have the potential to boil over into larger clashes within the region. Top security concerns identified in the region are as follows:-

North Korea's Nuclear Ambition.

The Kim dynasty, in its third generation, is trapped between economic stagnation and the fear that reform will lead to overthrow of the regime. North Korea’s survival strategy of acquiring nuclear weapons and demonstrating a willingness to fight has made reconciliation with South Korea and the U.S. nearly impossible. In the meantime, the danger persists that Pyongyang will spark a war either by carrying out one too many acts of provocation against South Korea, or by providing nuclear material to a state or group that is hostile to the United States.

U.S. - China Friction.

The U.S. is still the most influential power in Asia and the Pacific, and wants to keep it that way. China is a rising power that wants more of a say in the conduct of regional affairs. Managing this transition peacefully will require U.S. willingness to accommodate some of China’s demands and Chinese willingness to be patient. This will not be easy for either government, especially under the pressure of public opinion. One particular rubber-meets-the-road issue is U.S. Navy surveillance near the Chinese coast; China insists that it must stop, while the U.S. Navy insists it will go to the mat to defend the principle of freedom of the seas.

South China Sea Territorial Disputes.

China, Vietnam and four other countries (Philippines, Brunei, Taiwan and Malaysia) are involved in disputes over ownership of a number of small islets, reefs and rocks in the

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South China Sea, which are important because they anchor claims to fisheries and seabed fossil fuel resources. China’s claims being the most prominent it needs to be addressed in detail. In 2010, China perceived that Vietnam was growing bolder in its moves to recover resources in disputed areas and that the U.S. had intervened on Vietnam’s side. This produced an alarming outburst from Beijing, and have brought even more escalating rhetoric and nationalist public demonstrations on both sides. The other claimants are Vietnam, Philippines, Malaysia and Brunei.  Their claims are small and well within their coastal waters.  Taiwan, which is also in occupation of some reefs, holds a position same as that of China as per the old Guomingdang (Kuomingtang) doctrine that the two will unite some day when China gives up communism. China initiated the Code of Conduct Declaration (COD) in 2002 with the other claimants that issues will be resolved peacefully and till then there should be joint development of resources.

China-Taiwan Relations.

Cross-Strait relations are much calmer since pro-independence Taiwan President Ma Ying-jeou, who supports the principle that Taiwan is part of China. The economic relationship is booming, and Beijing hopes this will lead to political unification. Ma, however, has some interest in negotiating political issues with Beijing and insists that Taiwan must continue to buy arms from the U.S. China’s patience has limits, and

Chinese missiles are still aimed at Taiwan.

Japan-China Relations.

Lacking resources or a large population, Japan is a medium-sized power. Its historical rival China, by contrast, is growing fast and seems to have almost limitless potential. If China becomes the strongest power in the region, Tokyo will face the choice of sticking with the U.S. alliance (assuming that option is still available) or appeasing China, which would mean Beijing would have veto power over major Japanese policies. The Chinese could likely demand the expulsion of U.S. bases. The Japanese have aligned with Britain and the United States in the past, but they clearly are not comfortable with the idea of submitting to domination by an authoritarian country they perceive as anti-Japanese. The outcome could conceivably be a nuclear-armed Japan and a Sino-Japanese cold war. Recently, Japanese activists raised flags on Uotsuri Island, part of the small archipelago known in Japan as Senkaku and in China as Diaoyu as a result of it, Chinese patriotic activist spontaneously came on the street and destroyed the Japanese goods and items including Japanese made vehicles which shows the sentimental clash between the population of these two countries.

On last September 24, four Chinese ships briefly entered what Japan Considers its territorial waters near disputed islands in the East China Sea, prompting an official protest from Tokyo and renewed diplomatic efforts to cool tensions between the

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rivals. So, same day Japanese Vice Foreign Minister Chikao Kawai visited China to discuss Sino-Japanese relations with Chinese Vice Foreign Minister Zhang Zhijun.

Nuclear Issue in the Region.

India and Pakistan are frequently testing missiles capable of carrying nuclear warheads. These two countries which are in the race of ballistic missile is worrying event in this region. On the other hand North Korea's contradictory nuclear test also rising another security threat in this region.

Sea Lane of Communication (SLOC).

China has adopted strategies to increase the influence in Indian Ocean Region and South China Sea by adopting ‘String of Pearl’ strategy by making port Gwadar in Pakistan, a fueling station in Hambantota, Sri Lanka, container facility with extensive and commercial access in Chittagong, Bangladesh and porting right in Aden (Yemen), Shalala (Oman) and Djibouti, naval base in Myanmar, electronic intelligence gathering facilities on islands in the Bay of Bangal, funding construction of a canal across the Kra Isthmus in Thailand, a military agreement with Cambodia and building up of forces in the South China Sea. China tried to persuade the US in 2010 to accept its sovereignty over the South China Sea, but US made it clear that it was in US’s national interest to keep the sea lanes of the South China Sea free for

international navigation. The South China Sea is a critical navigational waterway in this region which is used from the west of the Indian Ocean to East Asia.  If China controls this sea space it will dictate maritime traffic, both civilian and military.  To ensure free navigation and control over the South China Sea, US have established its marine base in Darwin, Australia.

Terrorism.

Terrorism has long been a factor influencing interstate relations in Asia Pacific. Terrorism is a persistent regional concern, where terrorist activity in one country is detrimental, destabilizes and jeopardizes to the security of the entire region and the world. Asia Pacific Region is becoming insecure to growing terrorist activities. As in the rest of the world, terrorism is largely a by-product of armed conflicts and Ethnic politics which fuels as many as 70 percent of armed campaigns today. Besides the traditional security issue of North Korea and the China-Taiwan problem, non- traditional security threats, such as the spread of religious extremist terrorist network in Southeast Asia, and rampant piracy in the Malacca and Singapore Straits are becoming more serious. The Asia-Pacific security environment has witnessed a series of new threats, new technologies, and new actors during the past decade. In this region prominent terrorist organizations such as Al Qaeda, Kashmiri group Harkat-ul-Ansar (HuA), Lashker-e-Taiba, Jaish-e-Mohammad, Philipino Terrorist Group Abu Sayyaf, New People’s Army of Philippines, Indonesia based Jamaat-i-Islami,

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Revolutionary Armed Forces of Cambodia, Free Vietnam Revolutionary Group are operating. These terrorist organizations may have close links with each other which may creat grave security threat in the Asia Pacific Region.

Key Challenges and Issues

Key challenges and issues of the Asia Pacific Region are as follows:-(a) Inter linked domains like

maritime security, cyber space and outer space.

(b) Asia Pacific Region has successfully managed issues of nuclear balance and several other conventional security threats, and even the proliferation of WMD and missile technologies. (c) The effective institutionalization of security cooperation in Asia Pacific Region.(d) Race of the nuclear programs of Japan, North and South Korea, Indonesia, India and Pakistan. The U.S. Government sees North Korea Nuclear threat to its own security as well as its allies. (e) The resources rich Parcels and Spartleys Island disputes: claimed by China, Malaysia, Vietnam, Phillipines, Indonesia. (f) Religious extremist

activities in the region.(g) There is an increasing danger of terrorism spreading from parts of Asia, like

Pakistan and Afghanistan. The war on Terrorism has also given added justification to increase regional security cooperation. (h) Dispute on Korean Peninsula between North and South Korea.(i) Strategically, the interests of the major powers intersect in East Asia. The sub region is the nexus of three of five permanent members of the U.N. Security Council (China, Russia, and the United States), and Japan and India are leading aspirants for that status.(j) China’s boundary disputes with India and Russia. (k) Friction between India and Pakistan.(l) Japan’s dispute with Russia over the Kuril Islands. (m) Japan has seen tensions rise in its relations with China  over the Chinese-owned Diaoyu Islands.(n) The United States remains predominant power in the Asia Pacific Region and as throughout the world. U.S. power, rather than giving way to multi polarity, has possibly grown and will continue at least into the medium term. (o) The United States will maintain its assurance of Asia Pacific security. A rearrangement of U.S. forces in South Korea will not alter the U.S. commitment to that country or diminish defence

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capacity in the event of hostilities with North Korea. (p) Relations between the larger powers in the Asia Pacific Region are far more benign today than at the end of the Cold War. Reasons include the absence of the Russia as a strategic player in the Pacific Ocean, China's emergence as a market economy and a influential player in global affairs, and process of democratization in the region.(q) The Global War on Terrorism has given Southeast Asia a level of importance for Washington not seen since the Vietnam War. The United States is encouraging the countries of maritime Southeast Asia, particularly the Philippines and Indonesia, to improve their security capabilities, including their capabilities in the field of counter terrorism.

Conflict of interests of major powers and its impacts in the region

The U.S., Japanese, Chinese and Russian ambitions, militaries, and insecurities contend Compounding regional insecurity could have following impacts:-

(a) Increase in military presence of major powers in the region.

(a) Emergence of new military alliances.

(b) Increase in arms race in the region.

(c) Possibility of the world entering into a new cold war.

(d) Possibility of military confrontation in future.

(e) Disturbance to economy, supply of energy and sea lane of communication (SLOC) in the region. (f) Effects on the ecological

aspects of the ocean. (g) The high-tech arms race among the newly upcoming Asian Giants and their competitors.

Viable Way out

Regional Dialogue and Cooperation as a means to resolve the key challenges

The general arguments for enhancing effective regional security cooperation mechanisms are familiar, and compelling for followings:-

(a) Organizations like Association of Southeast Asian Nations (ASEAN) itself, South Asian Association for Regional Cooperation (SAARC), the Shanghai Cooperation Organization (SCO) and Collective Security Treaty Organization (CSTO) played active roles in their respective sub-region but there are still prominent basic gaps in the structural architecture for Asia Pacific dialogue and cooperation because there is lack of a security forum which

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can bring all key players together at leadership's level ( ASEAN Regional Forum (ARF) is ministerial), the key economic forum – APEC- does not include India, East Asia Summit (EAS) does not include all the relevant players, namely the US and Russia.

(b) Growing numbers of Asian/Pacific policy makers, scholars, and security analysts are advocating the U.S.-Japan Mutual Security Treaty and the related hierarchical structure of bilateral military alliances should be replaced by a multilateral framework possibly from within the ASEAN’s Regional Forum (ARF).

(c) Recognizing and addressing mutual security needs can be meaningful. An alternative security framework based on the principles of common security and respect for national sovereignty and self-determination could facilitate disarmament negotiations essential to demilitarizing and denuclearizing the region.(d) The institutions should be consultative, respecting the Asian cultural bias towards consensual solutions. Centering the institutions like ASEAN would be logical and practical, and the ASEAN Defence Minister’s plus Eight Meeting offers a potentially useful way forward.

Recommendations

Global players have perceived the threat to their strategic interests from other states and increased their military power to prevent being dominated. Following recommendations should be taken into consideration to minimize the tension among global powers and enhance the mutual trust and recognition.

(a) Consideration of relocating military bases that would provoke security of other nations. Establish joint military bases to provide security of the oceanic life.(b)Build up mutual trust and cooperation among the major powers ensuring the reduction of military activities & rivalry among them.(c) Assure military activities in own territory and not undermine the security of other nations. (d)Settlement of disagreement by the bilateral and multilateral effort should be put on the top most agenda. (e) Bilateral and multilateral naval cooperation to strengthen maritime security environment and control of piracy. (f) US positive role to solve the problems in Asia-Pacific where tensions are rising between China and its smaller neighbors over territorial and maritime issues.

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(g)ASEAN summit should reach a consensus to handle the disputes, find common ground and hash out a framework for negotiating with member countries.(h)China has done many concrete things to support the economic and social development of Pacific Island countries; So it should maintain a policy to achieve peace, stability and development with these nations.(i) The U.S.-Japan Mutual Security Treaty and other bilateral military alliances should be replaced by a multilateral framework based on common security.(j) The withdrawal of all foreign military troops and bases, reductions of military forces throughout the region and strict limits on arms sales and transfers are essential to Asian/Pacific security.(k)Nuclear weapons proliferation and nuclear war in the Asia Pacific Region can be prevented by fulfilling the agreed framework with North Korea and by the nuclear powers honoring their NPT commitments to complete nuclear disarmament.

Conclusion

Increased concerns over Asia Pacific security with neo geo-politics and increasing interests of emerging nations have become the global

concern which has to be dealt carefully with diplomatic efforts in the bilateral and multilateral forum rather than being militarily assertive. Due to its strategic location, rich natural/energy resources, SLOC and growing strength of the littoral states and due to its strategic importance, rivalries and tensions between the major powers needs to be settled before it escalates.

Although, countries in this region have historic animosities, deep policy differences, competing economic claims, and well-developed armed forces, there will be enormous benefits for the region and the world if China and the US both rely on diplomacy and built a common security architecture for the region.

Many contemporary problems are simply beyond the capacity of single countries such as terrorism, maritime security, arms control, drug, people trafficking, refugee management, and some major trade and financial imbalances. All needs cooperative and collective action.

Terrorism ‘Legitimate’ or ‘Illegitimate’?

Background31

Terrorism, with a long history in the world, has become an evil in present context. It has, however, become a deadly threat, in recent years, along

31 Prem singh Basnyat, New paradigm in Global Security Civil Military relation in Nepal (Kathmandu: Bhrikuti Academic Publication, 2004), pp.77-88.

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with developments in science and technology. It began, in the form of state and non-state terror, both during war and peace times. Terrorism was also used as an element in conventional battles in early days e.g., by burning cities or villages, looting, raping women and kidnapping of people for use as slaves etc. But it is quite difficult to predict the size, type and means of terrorism. Moreover, it is difficult to define the nature of terrorism. There is no exact definition of terrorism, except different views and opinions of individuals. In other words, terrorism for one can be defined as liberation for other. The act of terrorism, however, consists of overt and covert use of violence such as murder, kidnapping, bombing, and uprising and so on. Obviously, the aim of terrorism is not to win any battle but to create a climate of fear e.g., "Kill one and threaten thousand". Its organizations which emerged in acts of terror are almost always small in size with limited resources compared with the populations and institutions they oppose. Normally, they are motivated by political reasons, including, for instance, slogans for democracy, nationalism, racism, religion, communism, anarchism and even advocacy of criminal acts. In other words, they try to achieve their goal through publicity, propaganda and generating fear by committing violence; they seek to enhance their influence and power to effect political change on a local or an international scale.

It is quite difficult to prove whether a terrorist act is legitimate or illegitimate. It goes without saying that majority would consider it

illegitimate. In contrast, there are many people who continue to hold the view, as stated earlier, that “one man's terrorist is another man's freedom fighter".32 No one may agree only on a single definition. The use of this act is justified in several ways. It is quite probable that terrorism is as old as civilization; but is seems to have been confined, as a rule to the 'late' or declining, highly sophisticated in the revolution of all great societies.33

Since the days of the reign of terror during the French Revolution, terrorism for certain elements in society have become useful be to be gained something by this act or its use only for evil deeds.

There is war-terrorism nexus too. It has become more successful after Second World War as conventional forces have been applying terrorist tactics on special missions like raid, ambush, guerrilla warfare and other explosive devices. In other words, terrorism has become an affordable means to a weaker party against its powerful enemy. It has now become a popular means of warfare. Tactics in war adopted by the conventional armies to defeat foes encouraged the people with violent character to adopt such methods. It should be understood that terror tactics are the fundamental characteristics of low intensity conflicts spreading mostly in underdeveloped countries.

Meaning of Terrorism

There is no exact definition of terrorism even in International Law. 32 Terrorism, (USA: Terrorism Research Centre), definitions no. 1.33 Edmond Hyams, Terrorists and Terrorism, (London: J.M. Dent and Sons Ltd., 1975, p.11.

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However, it implies the use of violence or threat of violence to create a climate of fear in a given society. In Huntington's view, the shape of things to come involves cultural conflicts among the world's major civilizations. A civilization is "The highest cultural grouping of people and the broadest level of cultural identity people have short of that which distinguishes humans from other species".34 In other words, "Terrorists want a lot of people dead".35 Similarly, it also suggests a post-modern terrorist, who plays an old game by new rules.36

Some writers say that the new players are generally assumed to be religiously motivated with scant regard for human life, least bothered with the traditional linkages between victim, target and violence than traditional terrorist group.37 The means of terrorism has been changing, and the terminology 'Terrorism" has been upgraded to 'Super Terrorism", if the terrorist uses chemical, biological, nuclear and radiological or WMD (weapons of mass destruction) as their means of terrorism.38 Also it is the use of force or violence against persons or property in violation of National law for purposes of intimidation, coercion or ransom. Terrorists often use threats to create fear among the people, try to convince citizens that their government is powerless to prevent terrorism by acting against them and to get immediate publicity for their 34 Samuel Huntington, The clash Civilization and the Remaking of World order, (New

York: Touchstone, 1997), p.43.

35 Brain Michael Jenkins, Will terrorist go nuclear, (Santa Monica, CA:RAND Corp, 1974)

p. 5541.

36 Walter Laqueur, Postmodern Terrorism, (Foreign Affairs 75/5 (Sept/Cot 1996), pp. 24-

36.

37 Bruce Hoffman, Inside Terrorism, (London: Victor Gollancz, 1998) pp. 200-205.

38 Max Taylor and John Horgan, The Future of Terrorism, (London: Frank cass Publisher,

200), pp. 133-140.

causes. Terrorists look for visible targets where they can avoid detection before or after an attack such as international airports, large cities, major international events, resorts, and high-profile landmarks like the twin towers of New York City.

Military Definition

Terrorist: A person who indulges in wanton killing of persons or involves himself in violence or in the disruption of services or means of communication essential to the community or in damaging property with a view to putting the public or any section of different religious, racial , colour or sovereign, [and] the sovereignty and integrity of nation.39

Terrorism: A resort to violence by a dissident faction in order to intimidate and coerce people for political ends. This may manifest itself in a sabotage and assassination by individuals or small groups, or in the form of ambusher or attacks on civilians or police by large bodies of terrorists. It can take place in either urban or rural areas.40 However, terrorism is mostly committed for drawing large and intense attraction that the magnitude of its actions.

Terrorism is no doubt a suitable weapon of a weaker group against powerful adversaries. It is lighter in means, faster in action and cheaper in economy. But it is physically harmful for human beings. It is the public who suffers most from acts of terrorism. On top of that there are less publicized long term implications for 39 Indian Army, Glossary of Military Terms, (Delhi: Contoller of Publication, 1990), p.65.

40 Army Code A/26/GS Trg Publigations/3011, counter Insurgency Operation, (Sandhurst:

Royal Military Academy, 1969).

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family and friends, and social harm from one criminal act with terrorist impact is considerable, besides death, injury and fear. Emerging challenges are comparatively recent, especially in the 1990s.

Historical Background

Terrorism has prevailed since the existence of human beings. However, in the 1st century, when the ZEALOTS, a Jewish religious section, fought against Roman occupation of what is now in Israel,41

it may be the oldest history of terrorism. Actually, it started as subordinate tactics of medieval army era. It is valorized as guerrilla tactics in present context. For instance, a group of Ismailia (Shiite Muslims) conducted a terrorist act against religious and political leaders of Sunni Islam in the 12th century in Iran. Similarly, world powers, including many Nepalese and Indian kings launched terrorist activities, during their expansion of territory in the 17th

century, in conjunction with conventional warfare. Through the 18th century, terrorists generally acted with religious zeal and ethnic loyalty. On the other hand, terrorist movements acquired a more political goal and meaning in the beginning of the 19th century. France, Spain and Italy committed a lot of terrorist acts in order to get their political aim. Similarly, the Russian Revolutionary movement with a strong terrorist element was targeted against Russian Royalty and aristocracy.

We have many examples of terrorism. No one country is free from it. 41 http:/ /Elcarta.msn.com.

Terrorist acts are conducted by intra-state or interstate elites. After the Second World War, especially the bombing of Hiroshima and Nagasaki by the United States created a new era of super terrorism by nuclear means. Accordingly, terrorist activities have been multiplying with fierce nationalist and ideological motivation. Technological advances in transportation; microelectronics, communications and explosives have facilitated such actions. As a result, the modus operandi of terrorists has become unpredictable compared with that of conventional enemies. The terrorists' attack on World Trade Centre buildings in New York on 11 September 2001 is the second biggest terrorist act in history after Hiroshima/ Nagasaki bombing, which cost about 3000 civilian lives.42 For the people of the world, these cases are the evident display of state terrorism and the non-state terrorism as passenger aircraft were turned into deadly missiles in the second case.

There are many causes of violence and terrorism. Moreover, a culture cannot evolve in a day and it takes time. So, the roots of terrorism can be traced to cultural conflict. Again, there are many factors influencing conflicts that develop into terrorism, and the following are considered as main reasons for its eruption:43

a. Colonial Era: As mentioned earlier, European powers and Japanese (to some extent) colonized South Africa, Middle East and Asia for a long time.

42 Evening Advertiser, (Daily magazine, Swindon, UK, 16 Sept. 2001), pp 2-3

43 Prem Singh Basnyat "How Important is Culture in promting and sustain Conflict?"

(Assignment), GS, Cranfield University, RMCS, UK.

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They adopted the policy of "Divide and Rule “as a result of which they brought into existence many secular governments and other different institutions. Moreover, they divided the unified culture, which proves how "Secular Nationalism spread throughout the world with an almost Missionary Zeal and was shipped to the newly colonized areas of Africa, Asia and Latin America … provided their colonies with the political and economic infrastructure to turn territories into nation states."44

On the other hand, the colonial powers created new boundaries between modern day states in those regions without regard to their religious and cultural values, causing ethnic and sectarian conflict/violence and terrorism in the world. "When the colonial power departed after Second World War, they left their weak and secular states not compatible with local political boundaries and local religions not representative of local culture"45 in disarray.

b. The End of Cold War Era: As earlier mentioned, the nuclear bombing of Hiroshima and Nagasaki in Japan during the Second World War by the United States created big horror and fear of terrorism in the world, and it became one of the main causes of modern

44 Mark Juergensmeyer, The New cold War? Religious Nationalism Confronts the Secular

States, (Berkeley: University of California Press, 1993), p. 153.

45 Jeff Haynes, Religion on Third World Politics, (Boulder, Colo: Lynne Rienner Publisher,

1994), p. 29.

terrorism. The world was divided into two major power blocs during the Cold War that followed the end of the WWII under the aegis of the USA and the erstwhile USSR. Most of the poor and developing countries were provided financial and military help by the two super powers and lured into their respective blocs. Such assistance disappeared after the end of the Cold War. And those poor developing countries resorted to many acts of terrorism in the name of religious, ethnic, racial contention and in fulfilling many other wants. Moreover, some of those countries were used as terrorist's base against either side of the superpowers. For example, Osama bin Laden was trained in a powerful nation for use as a terrorist leader against the Russians in Afghanistan during the Cold War era.

c. Fundamentalist Movement: Specially, in the late 1970s, secular governments attempted to modernize their societies along Western lines. Exports of Western culture and values through Hollywood movies and transmitted through the media and education have a reverse impact on Third World societies, mostly in Muslim countries. That led to the birth of fundamentalist movement, which caused cultural violence and thousands of lives were lost, finally giving birth to Islamic terrorism.

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d. Information Super Highway: The world has become narrow due to the advances in scientific and technological fields. The 1990s witnessed the onset of an information era. Terrorists have used information technology to maximize the benefits of their objectives. Electronic media is one of the main instruments in this respect, which facilitates free exchange of terrorist ideas and plans. IT was used both for propaganda and indoctrination of the gullible people. Terrorists had also used IT to encroach upon the decision making process of the state by forcing the international community to lat restraint on state in counterterrorist actions.

e. Funds raising: Many criminal organizations have become successful in earning money by launching terrorist activities. They have a lot of funds which have been and are being used against national and international security institutions such as Italian, Turkish and Russian Mafias, Colombian and Mexican Cartels, Japanese Yakuzas ,to mention only a few. Near home, the name of Daud Ibhrahim in connection to several terrorist activities in India, including the Mumbai blast of 2008, is creating havoc to the establishment.

f. Conflicts between the United States vs. Islam terrorists: As mentioned earlier, some Islamic

terrorist groups ( not all Islamic organizations which are always respected) have targeted, as a matter of fact, the United States since almost half a century, because it has been involved in Arab-Israel conflict, Gulf War and Afghanistan War making Muslim terrorism a force multiplier. Similarly, the US was involved in Balkan conflicts, and has maintained relations with the ruling parties of Saudi Arabia by antagonizing other countries like Iran and Syria. These could be the main reasons for spreading terrorism rapidly in the form of Islam vs. the United States, the global superpower. This is the context on the basis of which Huntington has portrayed the clash of civilizations.

Is it Legitimate?

Terrorism is no doubt the best weapon of weaker side against stronger enemy. For example, if a group, society or nation suffers from domination and exploitation of a big power, it seeks to get justice through different channels, including terrorism; even the WMD theory is construed to be applied against a powerful neighbour. Taken to extremes, this may provide the basis for someone to resort to terrorism as resistance. As Fullinwinder has noted terrorism motivated by a call to change the political order is not inspired by a lack of moral commitment but rather a refusal. According to Locke's analysis, failure to hand over the executive right of nature to the civil authorities has

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prompted them to adopt any means including the indiscriminate killing of innocent people. For example, British-India badly suffered due to Indian Sepoy Mutiny in 1857. Many British officials were killed. While British history reports it as Indian Sepoy Mutiny, Indian history records it as the first War of Independence against colonialism. For all these reasons, the word terrorism should be analyzed carefully.

A good example is Nicaraguan case e.g., Nicaragua Vs. the United States in International Court of Justice (ICJ). The full name is Case concerning Military and Paramilitary Activities in and against Nicaragua.46 In short term, it is terrorist act committed by USA in violation of UN Chapter VII. But the US did not accept the judgment made by ICJ. Details are as follows:

a. The UN Charter VIII (Article 51) states that, "Nothing in the present Charter shall impair the inherent right of individual or collective self-defense if an armed attack occurs against the member of the United Nations… restore International peace and security."47 In this case, Nicaragua could have launched an offensive against USA, had it possessed armed superiority and capacity to retaliate.

b. Additional Protocol to the Geneva Conventions say, ‘…proclaiming their earnest wish to see peace prevail

46 D.J. Harris Cases and Materials on Interniitonal Law, (London: Sweet and Maxwell Ltd., 1998), pp. 866-867.47 See the UN Charter VII and Article 51 in detail.

among the peoples, recalling that every state has the duty, in conformity with the Charter of the United Nations, to refrain in its international relations from the threat of use of force against the sovereignty, territorial integrity of political independence of any state, or in any other manner inconsistent with the purpose of the United Nations.48 But USA did not respect this rule.

c. What America Did?

In 1997, Left-wing SANDINISTA government overthrew the right-wing SOMOZA government in Nicaragua to which USA had been providing financial assistance. The then President Ronald Reagan stopped every assistance to Nicaraguan government on the ground that it had aided guerillas fighting against the US-friendly El-Salvador government by allowing Russian arms to pass through its ports and territory. Then Nicaragua claimed that USA had acted contrary to customary international law.49

In response, the US:

used armed force directly against it by laying mines in Nicaraguan internal and territorial waters, causing damage to Nicaraguan foreign merchant ships by

48 Adams Roberts and Richarde Guelff, Documents on the laws or War, (New York:

Oxford University Press, 1982), p.422.

49 D.J. Harris, Op. Cit., pp.866.

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attacking and damaging her ports, oil installations and a naval base;

provided assistance to the CONTRAS, her guerrillas fighting to overthrow the Sandinista Government; and,

acted in breach of the bilateral US-Nicaraguan Treaty of Friendship, Commerce and Navigation.50

d. What ICJ found?

ICJ concluded that the "United States has committed a prima facie violation of that principle by its assistance to the CONTRAS in Nicaragua, by organizing or encouraging the organization of irregular forces… for incursion into the territory of another state."51

More than the application of customary law, the court also found that the US had infringed Nicaragua's sovereignty and law and breached the 1956 Treaty of Friendship.52

The United States did not agree with ICJ's decision. She claimed it as her right to self-defence. Every nation exercises self-discipline on ethical basis. Powerful nations should not apply it as 'might is right' to justify every evil. In the above case, that was terrorism and the US tried to prove it

50 Ibid., pp. 866-867.

51 Ibid., pp. 877-878.

52 Ibid., p 883.

as a legitimate act, which, however, was not universally accepted.

Accordingly, every nation, society and person has its own national, religious and ethnic values and identity. They have rights to preserve their own heritage at any cost. Unfortunately, conflicts have taken place between cultures and civilizations. Religion has become a means of political power. Every conflict between two societies is determined by power equation. In this case, a weaker side will be compelled to start violence against powerful adversaries in case repression continues unabated. Protection and preservation of one’s own cultural values and traditions is an inherent right of every society. Terrorism of any variant irrespective of that being state or non-state cannot be justified. It is, therefore, considered legitimate. Despite this, terrorism has been used for good reasons as well. Evidently,53

a. the American Revolution started out as terrorist act against England. The 'Boston Tea Party" is a good example of terrorism. The revolutionaries sneaked aboard an English Tea Merchant Ship. They threw thousands of dollars worth of tea in the Atlantic Ocean. English people thought it as a beginning of terrorism and Americans looked upon it as an incident of a stride towards freedom.

b. According to the Rhodesian (now Zimbabwe)

53 Freeman, Charles, Terrorism, (London : Batsford Academic and Educational Limited,

1983), pp. 41-57.

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Law and Order Maintenance Act, anyone who goes on strike by putting at risk an essential service, this act is terrorism. But violation of such Act and strikes led the people of Zimbabwe to begin revolution against the Rhodesia (English) government.

c. Likewise, African National Congress in South Africa perpetrated much violence and terrorist acts against the white minority rulers, which resulted in an independence movement. Today they are in a better position in the world. South African former President Nelson Mandela is known internationally as the leader of that Liberation Movement. But the white racist regime took it as an act of absolute terrorism at that time.

d. Many political parties, including Nepali Congress, Nepal Communist Party, and Maoist Party launched a joint movement and resorted to strikes and agitations against the then political systems in Nepal. The violent Maoist insurgency launched against the constitutional monarchy and parliamentary democracy later transpired into forging an alliance and united front against monarchical authoritarianism with the statutory political parties. Finally, they succeeded in replacing the established system with democratic governments, even though they

were called terrorist groups by the then governments. However, these political movements go down in Nepal’s national history as successful resistance for restoring democracy.

e. The Irish Republican Army remained active in launching violent and terrorist activities against the British Government. The government took it as an act of insurgency (violence /terrorism) but the IRA called themselves freedom fighters. The US was very much involved in funding the IRA, though it has special relations with Great Britain. It’s like Nepal-India ‘special relations’.

f. The Government of former USSR applied terrorism mainly through wide ranging laws which enabled it to round up opponents on such charges as spreading anti-Soviet agitation and propaganda and disseminating fabricated and false information which defamed the Soviet State and its social system. This is how new Russia was born.

g. The nuclear bombing of Hiroshima and Nagasaki in the Second World War was the highest point of state terrorism i.e., super terrorism, because it was used against non-combatant people. But, on the other hand, the purpose was to defeat the Japanese in the war, and it was absolutely correct

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from the Allied Forces’ point of view. Japan surrendered thus ending war and battles in Eastern front in World War II. American President Truman's remark about the bombing was:

"My own feeling was that in being the first to use it we had adopted the ethical standards common to barbarian in the dark ages. I had not thought to make war in that fashion." In Freeman's view, “The atomic bombs used by the American Armed Forces struck fear into every nation on every continent. The beginning of the cold war was a direct cause of this terrorism."54 In fact, it was set in a new paradigm in revolution in world military affairs.

h. Some religious belief looks upon terrorism as grace of God to fight against their enemies, therefore, it is considered legitimate. For example, Osama bin Laden, an Islam and Leader of Al Qaida, opined that the International Islamic Jihad Front for Jihad against the US and Israel has, by the grace of god, issued a clear Fatwa calling on all Islamic Nations to carry out Jihad aimed at liberating the holy cities. The nation of Mohammed has responded to this appeal. If instigation for

54 Ibid., p 8.

Jihad against the Jews and the Americans… is considered to be a crime, then let history be a witness that I am a criminal. Our job is to instigate and by the grace of God, we did that and certain people responded to this instigation.55

Is it Illegitimate?

It goes without saying that terrorism is an act of violence and horror and hence illegitimate. It is totally against human society and civilized conduct, launched by the oppressed people. However, the evidence proves that it is an organized committed by more educated middle class people too. It is being hated by all generations. It is like a blind elephant which kills anybody and destroys anything without reason. Moreover, it is a tactic without any ethical and conventional value. It never makes history in its life, because -

a. A conventional war has its ethical discipline. It has certain procedure, which does not allow killing civilians and innocent people. Moreover, people could have cushion time to escape from war. In contrast, terrorism kills everybody without warning in a devastating manner.

b. Some terrorist groups are motivated by criminal attitudes. They are most hated organizations and are guided by their unhealthy psychology.

55 http://Usinfo. State. Govt., p.8.

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c. A terrorist operation with suicide tendency itself is a criminal act.

d. It is destroyer of all human values and objectives. It does not have any regard for custom and culture.

e. It never wins war or battle in a conventional manner. Maoist insurgency and their terrorist act in Nepal is crucial evidence to this statement.

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About the Author

Dr. Prem Singh Basnyat holds the degrees of MA Human Rights Law, MA History, MSc Global Security – Cranfield University, UK and PhD in Military History .Dr Basnyat authors books as: (a) Shahi Nepali Sena ra Pradhan Senapatiharu (b) Shahi Nepali Senako Bhawani Dal Gulma (c) New Paradigm in Global Security, Civil Military Relation in Nepal (d) Nepalese Forts and the Royal Nepalese army in Fort Battles (d) Nepalese Army in Khampa Disarming Mission (e) Nepalma Khampa Sarnarthiko Suruwat ra Khampa Bidroha (f) Nepalko Sainik Itihas Bhag -2 (co-author) and many articles as well.

He is also a UN Peacekeeper , worked in Lebanon, Croatia and Haiti and visits India, China, Hong Kong, Singapore, Thailand, Cambodia, Sri Lanka, United Sates of America, United Kingdom, Germany, Switzerland, Ireland, Netherland, Norway, Sweden, Croatia, Hungry, Bosnia, Serbia, Qatar, Haiti,

Dominican Republic, Dubai, Lebanon, Egypt, Cyprus, France and Israel. .Dr Basnyat is Executive member of National History Association Nepal, visiting fellow of the Trmso University Norway, British Chevning Scholar, Member of Geneva Center for Security Policy alumni Association, Member of World History Association, member of British Military Historical Society, Member of World Security Network, Executive Member of Chevning Alumni Association- Nepal, Member of International Council of Museum and many other social organizations.

Dr. Basnyat is the first PhD and first British Chevening scholar from Nepalese Army, first Nepalese having MSc degree in Global Security from UK and serving Colonel of the Nepalese army as well.

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