Comprehensive Peace Agreement held between Government of Nepal Nepal
Preamble
Respecting popular mandate of Nepali people
expressed in favor of democracy, peace and progression through the historical
struggles and people's movements, time and again, from 2007 BS and even before
till now;
Reaffirming the full commitment towards the
twelve-point agreement reached between seven political parties, CPN (Maoist),
eight- point consensus, twenty-five point code of conduct held between
Government of Nepal and CPN (Maoist), decision made in the meeting held between
apex leaders of seven political parties and CPN (Maoist) held on Nov. 8 2006
including all agreement, consensus, code of conduct reached between Government
of Nepal and CPN (Maoist), and letters of similar viewpoints sent to United
Nations;
Expressing determination for progressive
restructuring of the state to resolve existing problems in the country, based
on class, cast, region, sex;
Reiterating the full commitment towards democratic
value and acceptance including competitive multiparty democratic system of
governance, civil liberty, fundamental rights, human rights, full press freedom
and concept of rule of law;
Remaining committed towards Universal Declaration
of Human rights, 2048, international humanitarian laws and basic principles and
acceptance relating to human rights;
Keeping democracy, peace, prosperity, progressive
economic and social change and independence, indivisibility, sovereignty, and self
respect of the country at centre;
Expressing commitment to hold election to
constituent assembly in free and fair manner till the end of the month of Jeth
2064 BS;
Declaring the beginning of a new chapter of
peaceful collaboration by ending armed struggle continued in the country from
2052 BS through political consensus between the two parties to ensure
sovereignty of Nepali People through constituent assembly, forward looking
political resolution, democratic restructuring of the state and economic-social
and cultural transformation;
This comprehensive peace agreement has been reached
between Government of Nepal and CPN (Maoist) with commitment to transform
ceasefire between Government of Nepal and CPN (Maoist) into sustainable peace.
1. Preliminary
1.1. The name of this agreement is
"Comprehensive Peace Agreement". In short the agreement shall be
called Peace Agreement.
1.2.The agreement shall come into force after
public declaration by the government and Maoist side.
1.3.Both the sides shall give necessary directives
to all the agencies under their control for immediate implementation of this
agreement and to abide by it and implement it and get it implemented.
1.4.All the agreement, consensus and decision
reached between seven political parties, the government and Maoists that are
enclosed in annex shall be integral part of this agreement.
1.5.The consensus and agreement to be reached
hereafter for the implementation of this agreement shall also be the integral
part of this agreement.
2. Definition: Unless the subject and context mean
otherwise, in this agreement:
(a) "Ceasefire"means the acts to negate
all forms of aggressions, kidnappings, disappearances, taking into custody
aimed at each other and between Government of Nepal and CPN (Maoist),
mobilisation and strengthening of armed forces, destruction in the society by
any means including aggression and activities of violence and acts of
incitement and instigation.
(b) "Interim Constitution"means
"Interim Constitution of Nepal 2063"to be issued until drafting and
enforcement of the new constitution by constituent assembly.
"Interim Council of Ministers"means
"Interim Council of Ministers"to be formed according to Interim
Constitution.
"Both the Parties"means the party of
Government of Nepal and the party of Communist Party of Nepal (Maoist).
"Prevailing Law"means Interim
Constitution of Nepal 2063 and prevailing Nepal Laws that are not inconsistent
with it. But this definition shall not obstruct legal arrangement existed
before enforcement of Interim constitution 2063.
"Verification"means the subject of
verification and true record keeping of military, combatant and arms by United
Nations.
3. Political - Economic - Social Transformation and
Conflict Management
Both the parties are in agreement to adopt
following policy and program for political-economic and social transformation
and to affirmatively resolve existing conflict in the country:
3.1. To ensure forward moving political economic
and social transformation on the basis of decision made in summit meeting
between seven political parties and CPN (Maoist) held on Nov. 8, 2006 (Annex-6)
3.2. To guarantee sovereignty inherent in Nepalese
people in practice by forming interim legislature - parliament according to
interim constitution and by holding election to constituent assembly in free
and fair manner till the Month of Jeth, 2064 BS by Interim Government.
3.3. To not allow any authority regarding affairs
of governance of the country to remain with the king. To bring the properties
of late King Birendra, late queen Aishworya and their family under Government
of Nepal and to make use of the property in the interest of the state by
forming a trust. To nationalise all the properties (like palaces situated in
different places, forest and parks, heritages with historical and archeological
importance) received by King Gyanendra in his capacity as the King. To decide
the issue of whether or not to retain the monarchy by simple majority in the
first meeting of constituent assembly.
3.4. To adopt a political system that complies with
universally accepted fundamental human rights, multiparty competitive
democratic system, sovereignty inherited in people, supremacy of the people,
constitutional check and balance, rule of law, social justice, equality,
independent judiciary, periodic election, monitoring by civil society, complete
press freedom, people's right to information, transparency and accountability
in the activities of political parties, people's participation, impartial,
competent, and fair concept of bureaucracy.
3.5. To address the problems related to women,
Dalit, indigenous people, Janajatis, Madheshi, oppressed, neglected, minorities
and the backward by ending discrimination based on class, caste, language, sex,
culture, religion, and region and to restructure the state on the basis of
inclusiveness, democracy and progression by ending present centralised and
unitary structure of the state.
3.6. To keep implementing at least programs of
common consensus for the economic and social transformation to end all forms of
feudalism.
3.7. To adopt the policy to implement scientific
land reform program by ending feudalistic system of land holding.
3.8. To follow the policy for the protection and
promotion of national industries and resources.
3.9. To adopt policy to establish rights of all
citizens in education, health, housing, employment and food reserve.
3.10. To adopt policy to provide land and other
economic protection to landless squatters, Kamaiya, Halia, Harwa, Charwa and
economically backward section.
3.11. To adopt policy to severely punish people
amassing properties by means of corruption while remaining in government posts.
3.12. To form common development concept for
economic and social transformation and justice and to make the country
developed and economically prosperous, at the earliest.
3.13. To follow the policy to increase investment
in industries, trade and export promotion in order to increase opportunities
for income generation by ensuring professional rights of the laborers.
Management of Army and Arms
In order to hold election to constituent assembly
in free and fair manner and for the democratic restructuring of the army to
proceed with the following works according to twelve point agreement, eight
point consensus, twenty-five point code of conduct, five-point letter sent to
United Nations and decision taken by summit meeting held on Nov. 8:
Relating to the Maoists' Army-
4.1 As per the commitment expressed in the letter
sent on behalf of the Government of Nepal and the CPN (Maoist) to the United
Nations on August 9, 2006 ,
the Maoists' Army combatants shall remain within the following Cantonments. The
UN shall verify and monitor them.
The main Cantonments shall remain in the following
locations:
1. Kailali 2. Surkhet 3. Rolpa
4. Nawalparasi
5. Chitwan 6. Sindhuli 7. Ilam
Three sub-cantonments shall be placed in the
periphery of each of these main cantonments.
4.2. After placing the Maoist combatants within the
Cantonments, all the arms and ammunition except those required for providing
security to the Cantonments shall be securely stored and the keys to the single
lock shall remain with the side concerned. The UN shall monitor the process of
placing the weapons under the single lock by keeping records and fitting a
device along with siren. In case of need to examine the weapons placed under
the single lock, the UN shall do so under the presence of concerned side. All
the technical details along with Camera Monitoring shall be prepared under the
joint agreement of the UN, CPN (Maoist) and the Government of Nepal.
4.3. The government of Nepal
4.4. The Interim Council of Ministers shall form a
special committee in order to inspect, integrate and rehabilitate the Maoist
combatants.
4.5. The government shall be taking care of
security arrangements of the Maoist leaders.
Relating to the Nepali Army-
4.6. As per the commitment expressed in the letter
sent to the UN, the Nepali Army shall be confined within the barracks.
Guarantee that the arms shall not be used for or against any side. The Nepali
Army shall store the same amount of arms in accordance with that of the Maoists
and seal it with single-lock and give the key to the concerned side. In case of
need to examine the stored arms, the UN would do so in the presence of the
concerned side. Prepare the details of technology including camera for
monitoring as per the agreement among the Government of Nepal, the Maoists and
the UN.
4.7. The Council of Ministers shall control,
mobilise and manage the Nepali Army as per the new Military Act. The Interim
Council of Ministers shall prepare and implement the detailed action plan of
democratisation of the Nepali Army by taking suggestions from the concerned
committee of the Interim Parliament. This shall include tasks such as
determining the right number of the Nepali Army, preparing the democratic
structure reflecting the national and inclusive character and training them as
per the democratic principles and values of the human rights.
4.8. Nepali Army shall be giving continuity to
tasks such as border security, security of the conservation areas, protected
areas, banks, airport, power house, telephone tower, central secretariat and
security of VIPs.
5. Cease-Fire
5.1. Termination of military action and armed
mobilisation:
5.1.1. Both sides shall express commitment to
refrain from carrying out following activities:
a. Direct or indirect use of any type of weapon or
acts of attack against each other.
b. Searching or confiscating weapons belonging to
other side with or without weapons at the place where the arms have been stored
as per the understanding reached between both sides.
c. Hurt or render mental pressure against any
individual.
d. Set up ambush targeting any side.
e. Involve in murder or violent activities.
f. Involvement in
kidnap/detention/imprisonment/disappearance
g. Arial attack or bombardment.
h. Mining and sabotaging.
i. Spying military activities of any side.
5.1.2. Both sides shall not recruit additional
armed forces or conduct military activities, including transporting weapons,
ammunitions and explosives.
However, the security forces deployed by the
interim government shall have authority to conduct routine patrol, explore in
order to prevent illegal trafficking of the weapons, explosives or raw
materials used in assembling weapons at the international border or custom
points and seize it
5.1.3. No individual or group shall bear any
illegal weapons, ammunitions or explosives while traveling.
5.1.4. Both sides shall assist each other to mark
the landmines and booby-traps used during the time of armed conflict by
providing necessary information within 30 days and defuse and excavate it
within 60 days.
5.1.5. Armies of both sides shall not bear arms or
show their presence wearing combat fatigue during any public programme,
political meeting or civil assembly.
5.1.6. Nepal Police and Armed Police Force shall
give continuity to the task of maintaining legal system and law and order along
with criminal investigation as per the norms and sentiments of the Jana Andolan
and peace accord as well as prevailing law.
5.1.7. Both sides shall issue circular to its
respective armed bodies or personnel to stop addressing any armed personnel of
opposite side by the term 'enemy' or behave in similar manner.
5.1.8. Both sides agree to maintain a record of the
government, public, private building, land and other property seized, locked up
or not allowed to use in course of the armed conflict and return them back
immediately.
5.2 Situation Normalisation Measures
5.2.1. Collection of cash or kind and tax
collection against one's wish and against the existing law shall not be
allowed.
5.2.2. Both sides agree to make public the status
of the people under one's custody and release them within 15 days.
5.2.3. Both sides also agree to make public within
60 days of signing of the agreement the real name, caste and address of the
people made 'disappeared' or killed during the conflict and also inform the
family members about it.
5.2.4. Both sides agree to constitute a National
Peace and Rehabilitation Commission and carry out works through it to normalise
the adverse situation arising as a result of the armed conflict, maintain peace
in the society and run relief and rehabilitation works for the people
victimised and displaced as a result of the conflict.
5.2.5. Both sides agree to set up a High-level
Truth and Reconciliation Commission as per the mutual consensus in order to
probe about those involved in serious violation of human rights and crime
against humanity in course of the armed conflict and develop an atmosphere for
reconciliation in the society.
5.2.6. Both sides pledge to abandon all types of
war, attack, counter-attack, violence and counter-violence in the country with
a commitment to ensure loktantra, peace and forward-looking change in the
Nepali society. It is also agreed that both the sides would assist one another
in the establishment of peace and maintaining of law and order.
5.2.7. Both sides guarantee to withdraw
accusations, claims, complaints and under-consideration cases leveled against
various individuals due to political reasons and immediately make public the
state of those imprisoned and immediately release them.
5.2.8. Both sides express the commitment to allow
without any political prejudice the people displaced due to the armed conflict
to return back voluntarily to their respective ancestral or former residence,
reconstruct the infrastructure destroyed as a result of the conflict and
rehabilitate and reintegrate the displaced people into the society.
5.2.9. Both sides agree to take individual and
collective responsibility of resolving, with also the support of all political
parties, civil society and local institutions, any problems arising in the
aforementioned context on the basis of mutual consensus and creating an
atmosphere conducive for normalisation of mutual relations and for
reconciliation.
5.2.10. Both sides express the commitment not to
discriminate against or exert any kind of pressure on any member of the family
of the two sides or on the basis of being related to one another.
5.2.11. Both sides agree not to create any kind of
obstacle and allow any kind of obstruction to be created in the independent
traveling, assuming of duties and executing of work by the Government of Nepal
and Public Bodies' employees and assist them in their work.
5.2.12. Both sides agree to allow unrestricted
traveling as per the law within the state of Nepal Nepal
5.2.13. Both sides are committed to operating
publicity programs in a decent and respectable manner.
6. End of conflict
6.1. On the basis of the historical agreement
reached between the Seven Political Parties and the CPN (Maoist) on November 8, 2006 , we
declare an end to the armed conflict ongoing in the country since 1995 by
giving permanency to the ongoing cease-fire between the Government and the
Maoist.
6.2. The decisions taken by the meeting on November 8, 2006 of the
senior leaders of the Seven Parties and the CPN (Maoist) would be the main
policy basis for long-term peace.
6.3. Following the arrival of the Nepali Army in
the barracks and the Maoist Army combatants in temporary camps, holding,
display and use of violence and arms for creating fear and terror and in any
form against the agreement and law would be legally punishable.
6.4. Army of both the sides would not be allowed to
publicise for or against any side and support or protest any side. But they
shall not be deprived from their right to vote.
7. Human Rights, Fundamental Rights and Adherence
to Humanitarian Law
By remaining committed to the Universal Declaration
of Human Rights, 1948, the International Humanitarian Law and fundamental
principles and standards of human rights, both sides expressed their agreement
to the following issues:
7.1. Human Rights:
7.1.1. Both sides reiterate their commitment to the
respect and protection of human rights and to international humanitarian law
and accept that nobody should be discriminated against on the basis of colour,
gender, language, religion, age, race, national and social origin, wealth,
disability, birth and other status, thought or belief.
7.1.2. Both sides agree to create an atmosphere
where the Nepali people can enjoy their civil, political, economic, social and
cultural rights and are committed to ensuring that such rights are not violated
under any circumstances in the future.
7.1.3. Both sides express the commitment that
impartial investigation and action as per the law would be carried out against
the people responsible in creating obstructions to the exercising of the rights
envisaged in the letter of agreement and guarantee not to encourage impunity.
Apart from this, they shall also guarantee the right to relief of the families
of the conflict and torture victims and the disappeared.
7.1.4. Both sides would not be involved in the acts
of torture, kidnapping and forcing the civilians in any work and take necessary
action to discourage such acts.
7.1.5. On the basis of norms and values of
secularism, both sides shall respect the social, cultural, religious
sensitivity, religious site and the religious faith of the individual.
7.2. Right to Live:
7.2.1. Both sides respect and protect the
fundamental right to live of an individual. Nobody shall be deprived of this
fundamental right and no law shall be formulated to award death penalty.
7.3. Right to Individual Dignity, Freedom and
Mobility
7.3.1. Both sides respect and protect the right to
individual dignity. In this connection, no person including those deprived of
enjoying freedom as per the law would be subjected to torture or any other
cruel, inhuman or degrading behaviour or punishment. The citizen's right to
confidentiality shall be respected.
7.3.2. Both sides shall fully respect the
individual's right to freedom and security and shall not be allowed to keep
anyone under arbitrary or illegal detention, kidnap or hold captive. Both sides
agree to make public the status of every individual made 'disappeared' and held
captive and inform about this to their family members, legal advisor and other
authorised person.
7.3.3. Both sides shall respect and protect the
citizens' right to free mobility and the freedom to choose within legal norms
the location of one's residence and express the commitment to respect the right
of the people displaced by the conflict and their families to return back to
their homes or to settle in any other location of their choice.
7.4. Civil and Political Rights
7.4.1. Both sides are committed to respect the
individual's freedom of speech, expression, setting up organisations and
holding peaceful gatherings and right to freedom of exploitation.
7.4.2. Both sides respect the right of every
citizen to take part directly or through one's selected representative in
issues of public concern, to vote, to be elected and equality in joining of
public services.
7.4.3. Both sides are committed to respect the
individual's right to be informed.
7.5. Economic–Social Rights
7.5.1. Both sides are committed to respect and
protect the individual's right to livelihood through employment of their choice
or acceptance.
Full text of the peace agreement
7.5.2. Both sides are committed to respecting and
guaranteeing the rights of food security of all the people. They guarantee that
there would be no interference in the transportation, use and distribution of
food, food products and food grains.
7.5.3. Both sides identify with the fact that the
citizens' right to health should be respected and protected. Both sides will
not create hurdles in the supply of medicines and in health assistance and
campaigns, and express commitment for treatment and rehabilitation of the
people injured in course of the conflict.
7.5.4. With the realisation of the fact that the
right to education should be guaranteed and respected, both sides are committed
to maintaining a conducive academic environment in the educational
institutions. Both sides agree to guarantee that the right to education would
not be impeded. They agree to put to an end, on an immediate basis, activities
like taking the educational institutions under control and using them,
abducting teachers and students, taking them under control and making them to
disappear, and to not to establish barracks in a way that it would impede them.
7.5.5. Both sides agree that the private property
of any individual would not be seized or usurped, except permitted by the laws.
7.5.6. Both sides believe in the fact that the
industrial climate in the country should not be disturbed and production should
be given continuity and that the right of collective bargaining and social
security should be respected. They also believe in the fact that if any problem
arises between the business houses and labourers, they should be encouraged to
resolve the problem in a peaceful manner. Both sides respect the right to work
prescribed by the International Labour Organisation.
7.6. Women and Child Rights
7.6.1. Both sides fully agree to protect the rights
of the women and children in a special way, to immediately stop all types of
violence against women and children, including child labour as well as sexual
exploitation and abuse. They also fully agree not to include or use children
who are 18 years old and below in the armed force. Children thus affected would
be instantaneously rescued and necessary and suitable assistance would be
provided for their rehabilitation.
7.7. Right of Personal Liberty
7.7.1. Both sides agree to the freedom of opinion
and expression; freedom to assemble peaceably and without arms; freedom of
movement; freedom to practice any profession, or to carry on any occupation,
industry or trade; press and publication rights; the freedom to take part in
peaceful political activities; the right of equality before the law; and to
implement and have a tolerable system of justice implemented.
8. Dispute Settlement and Implementation Mechanism
8.1. Both sides agree to become responsible and
accountable in a personal and collective way and not to repeat in future
mistakes committed in the past and also to correct these mistakes on a gradual
basis.
8.2. The National Peace and Rehabilitation
Commission can set up mechanism as per the need for making the campaign for
peace successful. The composition and working procedures of the Commission
would be as determined by the interim Council of Ministers.
8.3. Both sides are committed to settle all kinds
of present or possible future mutual differences or problems through mutual
talks, understanding, consensus and dialogue.
8.4. Both sides express commitment that the interim
Council of Ministers can constitute and determine the working procedures of the
National Peace and Rehabilitation Commission, the Truth and Reconciliation
Commission, the High-level State Restructuring Recommendation Commission and other
mechanisms as per the need to implement this agreement, the Interim
Constitution and all the decisions, agreements and understandings reached
between the Seven-party Alliance, the Government of Nepal and the CPN (Maoist).
9. Implementation and Follow-up
Both sides have agreed to make the following
arrangements for the implementation of the understandings mentioned in this
agreement and for their follow-up -
9.1. Both sides agree to give continuity to the
task of monitoring of the human rights provisions mentioned in this agreement
by the United Nations Office of the High Commissioner for Human Rights, Nepal
9.2. Both sides agree for the monitoring of the
management of arms and the armies by the United Nations Mission in Nepal
9.3. Both sides agree to get the United Nations
supervise the election to the Constituent Assembly.
9.4. The National Human Rights Commission shall
also carry out works related to the monitoring of human rights as mentioned in
this agreement together with the responsibility assigned to it as per the laws.
In connection with carrying out its works, the Commission can take the help of
national and international human rights organisations after maintaining
necessary coordination with them.
9.5. Both sides agree to accept the reports
submitted by the above-mentioned bodies, to provide the information requested
by them, and to implement the suggestions and recommendations given by them on
the basis of consensus and dialogue.
10. Miscellaneous
10.1. Both sides agree not to operate parallel or
any form of structure in any areas of the state or government structure as per
the letter of the decisions of November 8 and the spirit of the peace agreement.
10.2. Both sides accept to sign any complementary
agreements, as necessitated, for the implementation of the present agreement.
10.3. This agreement can be revised any time with
the consent of both sides. Both sides agree to provide to each other prior
written information if they wish to make any changes. The amendments could be
made to the agreement with the consent of both sides after receiving the
information. The provisions to be made by such an amendment would not be below
the minimum standards of the accepted international human rights and
humanitarian laws.
10.4. If any disputes arise in any interpretation
of this agreement, a joint mechanism comprising both sides shall make the
interpretation on the basis of the preamble and the documents included in the
schedule of this agreement, and this interpretation would be final.
10.5. The concept of 'two sides' as mentioned in
this agreement would automatically cease to exist after the constitution of the
Interim Legislature -Parliament. Thereafter, all the responsibility of
implementing the obligations stated in this agreement shall be as per the
arrangements made by the interim Council of Ministers. It would be the duty and
responsibility of all the political parties to extend cooperation in the
compliance and implementation of the agreement.
10.6. We heartily appeal to one and all to extend
cooperation for resolving their problems and demands through talks and dialogue
and for holding the election to the constituent assembly and maintaining the
law and order, at a time when the entire country is focused on the main
campaign of the election of the Constituent Assembly.
10.7. We heartily appeal to the civil society, the
professional groups, the class organisations, the media, the intellectual community
and all the Nepali people to actively participate in this historic campaign of
building a new Nepal
10.8. We heartily urge all the friendly countries
and the United Nations, as well as the International Community to extend
support to Nepal
Cognizant of the responsibility of the future of
the country and the people, and becoming fully committed to this comprehensive
peace agreement, we, on behalf of the Government of Nepal and the Communist
Party of Nepal (Maoist), hereby make public this comprehensive peace agreement
after signing it.
Prachanda Girija Prasad Koirala
President Prime Minister
Communist Party (Maoist)Nepal Nepal
President Prime Minister
Communist Party (Maoist)
Signed on November 21, 2006
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