The army recruitment has attracted the attention of all, particularly the political parties both in and out of the government. The immediate past is witness to the fact that Nepal Army (NA) had inducted almost 3000 new personnel, that has become a thorny issue with the government, in particular the Defense Ministry. Regarding the same on army recruitment litigation filed, the Supreme Court could not decide whether the stay order of February 22 regarding it was to be given the continuity or to vacate it. The controversy that has been rife has its roots in the NA’s recruitment drive based on its argument that it had done so to fill the vacant posts and not new additional recruits. But, it has become a legal issue all because of the fact that the Comprehensive Peace Agreement and the pact on the Monitoring of the Management of Arms and Armies are in force and their provisions have to be abided by when it comes to the behaviour of the state army and the Maoist army. The fact remains that both the armies are recognised though the treatment to each on several scores differ. As far as new recruitment in both the armies is concerned, Article 5.1 of the agreement on the Monitoring and Management of Arms and Armies (MMAA) states that “recruiting additional armed forces” by both armies is not allowed.

The contentious issue is the definition of the term “additional” (Article 5.1) in MMAA pact. It has become more pertinent now with the matter of the NA recruitment being sub-judice. With differing views, a full bench of SC will be looking into whether the NA recruitment suspension stays or not. While the suspense continues, the Maoist affiliated People’s Liberation Army (PLA) has started its own recruitment drive. Herein, it may be worth remembering that the United Nations Mission in Nepal (UNMIN) had done the verification tasks, the confinement of the more than 30,000 Maoist combatants to the various cantonments and the disqualification of almost 12000 of its force. The NA had claimed that it had made the recruitments to replace the existing vacancies, not over and above its maximum allowed number. The PLA too has come up with the same logic. Now, UNMIN had earlier termed the NA recruitment drive as inconsistent with the past agreements, and now it has also urged the PLA not to go ahead with its recruitment based on the same reasoning. But, its call seems to have been in vain.

In fact, the crux of the issue should have been referred to the Joint Monitoring Coordination Committee (JMCC) for redress but the matter is already in the court. Now, all eyes are on the SC and its fair verdict. However, the worry is that the peace process seems to have been sidelined with both the armies going for the recruitment drive, though Prime Minister Pushpa Kamal Dahal Prachanda is on record saying that he would try to stop the PLA from enlisting more personnel. What had started as the recruitment of about 3000 lower-ranking personnel in the NA led it into a dispute with the Defense Ministry under which it should have worked, and the issue can affect the ongoing peace process. Those concerned therefore need to work together to resolve the dispute once for all and give the peace process a boost.