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Nepal Monitor: The National Online Journal

Brihat Shanti Samjhauta: A New Beginning

thedealWith the signing of BRIHAT SHANTI SAMJHAUTA (comprehensive peace agreement) on November 21, Nepal has entered a new phase of its political history. The 10-part agreement envisons an end to war and a new beginning.


The following is the English text of the historic agreement signed by PM Girija Prasad Koirala and Prachanda on November 21, 2006:

Comprehensive Peace Agreement between Nepal Government and Nepal Communist Party (Maoists)

(This unofficial translation is by Nepalmonitor.com)

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Preamble
Respecting the people’s will in favor of democracy, peace and progress as expressed by the Nepali citizens via historic struggle and mass movements before 2006 B.S. until this day,

Reconfirming our commitment to the 12-point agreement as well as 8-point agreement between the Seven Party Alliance and the NCP (Maoists), the 25-point code of conduct between Nepal Government and NCP (Maoist), the decisions of the summit meeting between SPA and NCP (Maoist) leaders on November 8, 2006 as well as all accords, agreements, and code of conducts between the Nepal Government and NCP (Maoist), and the letters to the United Nations with similar intentions,

Reintegrating our complete commitment to competitive multiparty democratic system of governance, individual freedom, civil liberties, human rights, complete press freedom, rule of law as well as democratic values,

Being committed to the charter of Universal Declaration of Human Rights, 1948, and the basic principles and values of international law and human rights,

Emphasizing Nepali citizens’ basic rights to participate in the Constituent Assembly elections held in a free, impartial and fearless environment,

According a central place to democracy, peace, prosperity, forward-looking economic-social transformation as well as the nation’s freedom, integrity and sovereignty and independence,

Expressing the determination to implement, within Jestha of 2064, our commitment to hold Constituent Assembly elections,

Declaring that a new chapter of collaborative work has begun by ending the armed conflict since 2052 on the basis of the political agreement between the two sides to bring about, by means of a Constituent Assembly, a guarantee of sovereignty of the Nepali people, far-reaching political decision, democratic restructuring of the state, and the economic-social-cultural change,

Nepal Government and NCP (Maoist) have entered this comprehensive agreement with the commitment to transform the ceasefire between the Nepal Government and NCP (Maoist) into a long-lasting peace


1. Introduction

1.1 The name of this agreement is “Bistrit Shanti Samjhauta, 2063” [Comprehensive Peace Agreement]. In short, this agreement will be called “Shanti Samjhauta” [Peace Agreement]
1.2 This agreement will be effective today via public announcement by the government and the Maoist
1.3 Both sides will issue the necessary instructions to their respective sides to implement and to put this agreement into practice, as well as they will implement and will have others implement it
1.4 All agreements, understandings and codes of conduct, and decisions among the SPA, the Government, and the Maoists and included in the appendix will be considered the integral to this agreement
1.5 Any understanding and agreements to be reached in future, as required, in order to implement this agreement will also be considered integral to this agreement.


2. Definition:
In this agreement, unless the subject matter and context otherwise requires,
(a) “Ceasefire” means the prohibition of all types of attacks, abductions, disappearances, obstructions, mobilization of armed forces, their strengthening, offensive and violent activities by the government and the Maoists aimed at both parties, and the and the activities that induce anarchy, provocation, or instigation.
(b) “Interim Constitution” means the “Interim Constitution of Nepal, 2063” that will be in effect until a new constitution will be written and implemented by the Constituent Assembly.
(c) “Interim Council of Ministers” means the “interim council of ministers” formed in accordance to the Interim Constitution.
(d) “Both sides” stands for both the government and NCP (Maoist) side.
(e) “Law in practice” denotes Nepal Interim Constitution 2063 and the Nepal laws in practice that are not in discord with the interim constitution. However, this definition will not act as a barrier to the legal order prior to the implementation of Interim Constitution 2063
(f) “Verification” means the factual details to be prepared by the United Nations by verifying the army, fighters and arms


3. Political-Economic-Social Transformation and Conflict Management

Both sides agree to adopt the following political-economic-social policy and program of transformation as well as to positively manage the ongoing conflict in the country.
3.1 Based on the 2063 Kartik 22 decisions (Appendix-6) of the leaders of the SPA and CPN (Maoist) ensure a far-reaching political, economic and social transformation
3.2 Based on the Interim Constitution, create an interim legislature-parliament and by Jestha of 2064, under the interim government, hold free and fair lections of the Constituent Assembly, and internalize in practice the sovereignty inherent in Nepali citizens
3.3 None of the rights regarding the system of governance of the state will be vested on the king. All properties of the late King Birendra, Queen Aishworya and their family members will be brought under the government and a trust will be formed to use it for the benefit of the country. All properties obtained by King Gyanendra as a monarch (such as places in different places, forests and natural reserves, heritage sites of historical and archeological nature, etc.) will be nationalized. The decision to whether retain monarchy or not will be made by means of simple majority votes of the first meeting of the Constituent Assembly.
3.4 Adopt a political system that fully respects the concepts of universal human rights accepted worldwide, multiparty competitive democratic system, the sovereignty inherent in people and citizens’ supremacy, constitutional balance and control, rule of law, social justice and equality, independent legislature, periodic elections, the monitoring of civil society, complete press freedom, people’s right to information, transparency and accountability in the activities of the political parties, people’s participation, impartial, efficient and clean bureaucracy.
3.5 End the current centralized and unitary mode of state by means of an inclusive, democratic and far-reaching restructuring of the state to end the discrimination based on class, caste, language, sex, culture, religion, and regionalism, and in order to address the problems of women, dalits, indigenous people, Madhesis, and oppressed, the ignored and minority groups, including the underdeveloped regions
3.6 Devise a minimum common program on economic and social transformation by means of consensus and implement it in order to end all forms of feudalism
3.7 Adopt a policy of implementing a scientific land reforms program by ending feudal landownership
3.8 Follow a policy of preserving and promoting national industries and resources
3.9 Adopt of policy of establishing every citizen’s right to education, health, housing, employment, and food security
3.10 Adopt of policy that ensures land property as well as economic and social securities to communities economically and socially disadvantaged groups such as sukumbasi, kamaiya, haliya, and harwacharwa
3.11 Adopt a policy that takes strong action against and punishes people who hold profitable government position and earn untaxed property by means of corruption.
3.12 Create a common development concept for the nation’s economic-social transformation, and justice to soon make the country developed and prosperous
3.13 Follow a policy of drastically increasing the opportunities for employment and income generation by ensuring the workers professional rights and by increasing investments in industries, trade, and export.


4. Army and Arms Management

To conduct Constituent Assembly elections in a peaceful, fair and fearless environment and to democratize and restructure the army, do the following in accordance with to the 12-point agreement reached in past as well as 8-point agreement, the 25-point code of conduct, the 5-point letter to the United Nations,
the decisions of the summit meeting between SPA and NCP (Maoist) leaders on November 8, 2006:

On the Maoist Army –
4.1 In accordance to the commitment expressed in the letter sent to the United Nations by the Nepal Government and CPN (Maoist) on Shrawan 24, 2063, the combatants of the Maoist army will confine to temporary cantonments in the following places. The United Nations will verify the monitor them.

The main cantonments will be in the following places:
1. Kailali, 2. Surkhet, 3. Rolpa, 4. Nawalparasi, 5. Chitawan, 6. Sindhuli, and 7. Ilam

There would be three smaller camps located in the periphery of each of these main camps.

4.2 Once the combatants of the Maoist army are in the cantonments, all arms, except the arms and ammunitions needed for the security of the cantonment, will be stored inside the cantonment and will be locked, whose key will remain with Maoist side. For the monitoring of the UN, include a device with a recording facility and a siren in the process of using the padlock. The UN will conduct the monitoring when needed in the presence of the Maoist side. Prepare details of technology, including camera for monitoring as per the agreement among the UN, NCP (Maoist) and Nepal Government.
4.3 The Nepal Government will provide for the food and other needs of the combatants of the Maoist army once they gather inside the cantonments
4.4 The interim Council of Ministers will form a special committee for the upkeep, coordination and rehabilitation of the combatants of the Maoist army
4.5 Security arrangement of Maoist leaders will be made in agreement with the government

On the Nepali Army –
4.6 The Nepali army will be confined to the barracks in accordance to the committeemen expressed in the letter to the UN. Guarantee that its arms would not be used for or against any side. Keep similar quantity of arms of the Nepali Army in the store, seal it with single-lock system and give the key to the concerned side. For the UN to monitor it, a device with siren as well as recording facility will be installed. When there is 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 Nepal government, the Maoists and the United Nations.

4.7 The cabinet would control, mobilize and manage the Nepali Army as per the new Military Act. The interim cabinet would prepare and implement the detailed action plan of democratization of the Nepali Army by taking suggestions from the concerned committee of the interim parliament. This includes works like determination of the right number of the Nepali Army, prepare the democratic structure reflecting the national and inclusive character, and train them on democratic principles and human rights values

4.8 Continue the works of the Nepali Army such as border security, security of the conservation areas, banks, power houses, telephone towers, central secretariat, and security of VIPs.


5. Ceasefire

5.1 The end of military operation and mobilization of arms
5.1.1 Both sides express their commitments to not carry out the following activities:
(a) Using arms, directly or indirectly aimed at the other side, or attacking
(b) Armed or unarmed inspecting or obtaining of arms of the other side from a store of arms stockpiled with the agreement of both sides
(c) Any action that harms an individual or exerts psychological pressure
(d) Setting up ambushes targeting the other side
(e) Killings and violent activities
(f) Abductions/arrests/obstructions/disappearances
(g) Damaging public/private/government or army properties
(h) Air attacks or bombardments
(i) Mining and sabotages
(j) Spying on the army activities of the other side
5.1.2 Both sides will not carry out additional recruitment, and they will not transfer weapons, ammunitions and explosives or show gestures against the army on the other side. However, the interim government can mobilize security apparatus at the international border or customs points and it can safeguard, conduct inspections, and confiscate in odder to stop illegal trafficking of materials such as explosives, their parts, or raw material.
5.1.3 No individual or a group will move from one place to another carrying illegal weapons, ammunitions, and explosives
5.1.4 Both sides will assist each other in informing the other side in 30 days about mapping and storing of their ambushes and land mines and to neutralize and eliminate them in 60 days.
5.1.5 The army of both sides will not appear armed and in combat uniform in a civic meetings, or a political meetings or public programs
5.1.6 The Nepal Police and the Armed (paramilitary) Police will continue its work in maintaining peace and conducting criminal investigation in accordance to the essence and spirit of the jana andolan (People’s Movement) and peace agreement as well as the current laws.
5.1.7 Each side will write circulars to its armed units and individuals in order to stop referring armed individuals in the other side as “enemy” or behaving in that manner.
5.1.8 Both sides agree to prepare record of the seized, padlocked government, public or private homes, land, as well as other properties or such denied the use, and immediately return them.

5.2 Ways to Normalize the Situation

5.2.1 Cannot collect cash as well as kind, and collect taxes against the will and contrary to the current laws
5.2.2 Both sides agree to make public the names of people in their custody and to free all in 15 days.
5.2.3 Both sides agree to make public by means of notices as well as to inform family members of the people disappeared by both sides and the real names, and residence addresses of those killed during the war within 60 days of this agreement.
5.2.4 Both sides agree to create a National Peace and Rehabilitation Commission to normalize the extreme conditions resulting from the armed conflict and to establish peace in the society, as well as to provide relief and rehabilitation to the victims of war and displaced.
5.2.5 Both sides agree to establish through mutual consensus a high-level Truth and Reconciliation Commission to investigate truth about those who committed grave human rights violations and involved in crime against humanity during the armed conflict and to create an environment of reconciliation in society.
5.2.6 Both sides promise to give up all types of wars, offensives, counter-offensives, violence, counter-violence with the commitment to ensure democracy, peace and a forward-looking change in Nepali society. There is mutual agreement between the two sides in assisting each other in establishing peace and maintaining peace and security.
5.2.7 Both sides guarantee to make public announcement regarding the withdrawal of all accusations, charges, and complaints, leveled on the basis of political reasons as well as cases under consideration and to immediately release political prisoners
5.2.8 Both sides commit, without any political discrimination, to enable the displaced during the armed conflict to return to their hereditary or former places of residence, to rebuild infrastructure destroyed due to war, and to respectfully rehabilitate and socialize the displaced people.
5.2.9 Both sides agree to seek assistance of all political parties, the civil society and local organizations in normalizing mutual relationships and creating an environment conducive for reconciliation, and to act with individual and collective responsibility.
5.2.10 Both sides express the commitment not to discriminate and exert any kind of pressure on family members based on a family member’s affiliation to one side or another.
5.2.11 Both sides agree not to create any kind of obstruction on the of civil servants from Nepal Government and public sector, and not to let their free movement and fulfillment of their duties anywhere in the country be obstructed but to assist them in their works.
5.2.12 Both sides agree to let the UN, international donor community, as well as Nepal-based diplomatic corps, national or international Non-governmental organization, the press, human rights activists, elections observers, and foreign tourists travel and move freely inside Nepal in accordance to law.
5.2.13 Both sides are committed to conducting publicity campaigns in cordial and dignified manners.


6. The End of War
6.1 By giving continuance to the current ceasefire between the government and the Maoists based on the historic consensus between SPA and NCP (Maoist) leaders on November 8, 2006, we declare that the armed war that began in 1996 has come to an end.
6.2 The decisions made during the summit meeting of SPA and NCP (Maoist) leaders on November 8, 2006 will serve as the basis of main policy on long-term peace.
6.3 It will be legally punishable to keep weapons, to demonstrate, instigate fear or use violence and weapons in any way contrary to the consensus, agreement and the law, once the Nepali army is in the barracks and the combatants of the Maoist army are confined to their temporary cantonments.
6.4 The armies from both sides will not be allowed to take part in campaigns in support for or against any side. However, they will not be deprived of their voting rights


7. The Practice of Human Rights, Fundamental Rights and Humanitarian Law
Being committed to the Universal Human Rights charter, 1948 and to International Humanitarian Law and the Principles of Fundamental Human Rights, both sides agree on the following:
7.1 Human Rights
7.1.1 Both sides reconfirm support for and preservation of human rights and their commitment to international humanitarian law, and agree that there should not be any discrimination against any people based on their color, sex, language, religion, age, race, national or social origin, wealth, disabilities, birth and other issues such as belief and faith.
7.1.2 Both sides agree to create an environment in which Nepali citizens can enjoy their civic, political, economic as well as they are committed to creating an environment in which such rights to will not be abused.
7.1.3 Both sides express the commitment that there will be an independent investigation in accordance with the law on people who hinder the exercise of the rights included in the agreement paper and those responsible will be punished, and that they will ensure that non-punishment will not be let go.
7.1.4 Both sides will not carry out torture, abductions, force someone to do something and they will take necessary actions to discourage such activities.
7.1.5 Both sides will respect social, cultural, religious sensibilities, religious places and individual’s religious faith on the basis of the values of religious secularism.

7.2 The Right to Live
7.2.1 Both sides will respect and preserve individual’s right to live. Nobody will be deprived of this fundamental right and no law will be made that enables capital punishment.

7.3 The Right of Individual Dignity, Freedom and Movement
7.3.1 Both sides respect and preserve the right of individual dignity. In this regard, no one, including those deprived of freedom in accordance with law, will be subjected to torture or other cruel, inhuman and disrespectful behavior or punishment. Citizens right to privacy will be respected by the law.
7.3.2 Both sides will accord total respect an individual’s right to freedom and security and will hold any one in a unilateral or illegal custody, or abduct or take hostage. Both sides agree to make public the situation of those they made disappear or they hold in their custody and to provide information related to them to their family members, legal councilors, and other related persons.
7.3.3. Both sides respect and preserve every citizen’s right to freedom of movement and the freedom to choose his or her place within limit of the law, and express commitment to respect the rights of the displaced individuals and their families to return to their original place of residence or to settle in any other place of their choice.

7.4 Civil and Political Liberties
7.4.1 Both sides are committed to respect and preserve individuals’ right to freedom of thought, expression, and the right to open organizations and peacefully participate in public meetings, and their rights against exploitations.
7.4.2 Both side respect the right of equality of individuals to participate directly or through their chosen representative in the subject of public interest, as well as to vote, to be elected and to enter public service
7.4.3 Both sides are committed to individuals' right to be informed

7.5 Economic-Social Rights
7.5.1 Both side committed to respect and preserve individual’s right to practice an independently chosen and accepted employment and to make a living
7.5.2 Both sides are committed to respect and ensure people’s right to food security. They ensure that there will be no any interference in the production, consumption and movement and distribution of food, and food products
7.5.3 Both sides take to heart the need to respect and preserve citizen’s right to health. None of the sides will hinder in the acquiring of medicine, assistance and medical campaigns, and both sides express commitment to conduct medical treatment of people wounded due to conflict and to rehabilitate them.
7.5.4 Both sides take to heart the need to ensure and respect the right to education for all and are committed to maintaining suitable educational environment in educational institutions. Both sides agree to ensure that the right to education will not be violated. They agree not to capture educational institutions and use them, disappear, abduct or capture students and teachers, not to keep military barracks in the way they affect schools and hospitals, and they agree to immediately stop such actions
7.5.5 Both sides agree that unless the law indicates otherwise, no body’s personal property will be confiscated or captured.
7.5.6 Both sides are confident to enable the continuity of production without upsetting the industrial environment, to respect the collective bargaining and to secure the right of social security in industrial sector, and in case of problems that may arise between an industry and its workers, to encourage them to resolve the problems in a peaceful way.

7.6. Women and Children’s 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 labor 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 peacfully 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. Mechanism of Dispute Settlement and Implementation
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 as well as to rectify these mistakes on an incremental basis.

8.2. The National Peace and Rehabilitation Commission will set up mechanism as per the need for making the campaign for peace successful. The interim Council of Ministers will determine the composition and working procedures of the Commission.

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 in order to implement this agreement, as well as 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 agree 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 as mentioned in the five-point letter send to the UN earlier and in the present agreement.

9.3. Both sides agree to have the United Nations supervise the election to the Constituent Assembly.

9.4. The National Human Rights Commission will also carry out works related to the monitoring of human rights as mentioned in this agreement along with the responsibility assigned to it in accordance with the laws. In regards to carrying out its works, the Commission can obtain assistance from national and international human rights organizations 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 run parallel or any form of structure in any areas of the state or government apparatus in accordance with the spirit of the letter of the decisions of November 8 and the spirit of the peace agreement.

10.2. Both sides accept to sign, as required, any complementary agreements, 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 furnish to each other prior written information if they wish to make any changes. After receiving such information, and with the consent of both sides, the amendments can be made to this agreement. The provisions to be made by such an amendment should 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 will interpret the agreement on the basis of the preamble and the documents included in the appendix of this agreement, and such an interpretation will be final.

10.5. After the creation of the Interim Legislature-Parliament, the concept of "two sides" as mentioned in this agreement will automatically cease to exist. Thereafter, all the responsibility of implementing the obligations stated in this agreement shall be in accordance with arrangements made by the interim Council of Ministers. It will be the duty and responsibility of all the political parties to extend cooperation in the compliance and implementation of the agreement.

10.6. We cordially appeal to everyone to extend cooperation for resolving their problems and demands through talks and dialogue and for holding the election to the constituent assembly as well as 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 cordially appeal to the civil society, the professional groups, the class organizations, the media, the intellectual community and all the Nepali people to actively participate in this historic campaign of building a new Nepal and establishing lasting peace through the election of the Constituent Assembly by ending the armed conflict.

10.8. We cordially urge all the friendly countries and the United Nations, as well as the International Community to extend support to Nepal in this campaign of establishing full democracy and a lasting peace.

Fully aware of the responsibility of the future of the nation and the people, and becoming fully committed to this comprehensive peace agreement, we sign the comprehensive peace agreement on behalf of the Government of Nepal and the Communist Party of Nepal (Maoist), and hereby make public this document.


Prachanda
President
Communist Party of Nepal (Maoist)

Girija Prasad Koirala
Prime Minister
Government of Nepal

Signed on November 21, 2006



Posted by Editor on November 21, 2006 9:41 PM