Commission Recommends Guidelines for Peaceful Protests, Emphasizing De-escalation and Security Force Training

The right to assemble peacefully is an essential prerequisite for the full enjoyment of civil, political, economic, social, and cultural rights guaranteed by the Constitution of Nepal. Peaceful demonstrations play a significant role in keeping democracy alive, building a just society, and accelerating development.

The investigative commission formed to look into the incidents during the recently discussed Gen Z movement has presented a new roadmap that focuses on facilitating, rather than suppressing, demonstrations. The commission's report assigns the responsibility of ensuring the security of protesters to the state's law enforcement agencies.

According to the report, the state should use banning or prohibiting any demonstration only as a last resort. For this, it has been emphasized that the state must first develop a professional and independent law enforcement mechanism free from political pressure.

The report stresses the need to adopt a strategy of continuous dialogue and trust-building with civil society long before protests occur to remove mistrust between the police and the community.

To make protests peaceful and organized, prior agreement and operating procedures between the police and protest organizers seem necessary. Security officials must have a deep understanding of the protesters' grievances, cultural sensitivities, and security requirements.

For this, it is mandatory to provide security personnel with human rights-friendly and gender-inclusive training. The commission suggests that practical training and proficiency testing should be arranged, especially for commanding officers, and officers who fail the exam should be kept away from demonstration responsibilities.

The report mentions that commanders deployed in the field should be given the authority to make immediate strategic decisions based on the gravity of the situation. To reduce the risk of errors by security personnel while working in stressful environments, it is important to pay attention to their health, diet, and proper security arrangements.

Furthermore, continuous information gathering and coordination with other regulatory bodies must be prioritized to forecast potential risks. To prevent violence during demonstrations, the police must always keep de-escalation techniques and communication channels open.

A standard has been set that strategies like cordoning off specific areas in the name of crowd control should only be used in situations of actual violence or imminent threat. According to the commission, dispersing protesters should be the last resort, and when such a decision is made, participants must be clearly informed.

It is mandatory to adhere to the principles of legality, necessity, and proportionality when using force. The commission concludes that strict instructions must be given not to fire rubber bullets indiscriminately and not to target sensitive areas like the head or back.

The use of firearms or other lethal weapons must be completely prohibited in demonstrations. The commission states that such weapons can only be used for defense in situations where there is an imminent threat to life.

After the demonstration concludes, there must be a strict reconciliation of the expended ammunition and communication equipment, and if any discrepancy is found, the concerned security personnel should be investigated, according to the commission's suggestion. It is also suggested to make it mandatory for security agencies to review and evaluate their operations after every demonstration.

The commission has guided the security apparatus to become more responsible and citizen-friendly, suggesting the need to maintain identification of need and transparency when procuring equipment necessary for crowd control.