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Comprehensive Peace Agreement MONITORING REPORT

(July- December, 2007)

Published by :

Population Watch INHURED International

INHURED International/Popuilation Watch 1

Editor Dr. Gopal Krishna Siwakoti

Writer B. P. Adhikari

Project Coordinator Shree Krishna Subedi

Published Date Jan 2008

First Publication 1000 copies

Copy Right INHURED International/Population Watch

Published by,

INHURED International/Population Watch GPO Box : 12684, Kathmandu Ceasefire House, Jhamsikhel, Lalitpur-2, Nepal Tel : 977-1-5531896 Fax : 977-1-5547616 [email protected] www.inhurednepal.org

UN Office :

41-42 Elbertson Street, Suite-301, Elmhurst, New York 11377, Tel/Fax : 1-718-4722018

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PEACE AUDIT ENDEAVOR

In the context of internal armed conflict that was waged in Nepal from February13, 1996 resulting in suffering of thousands of Neplai people, the end of armed conflict was declared after the twelve-point agreement between the then rebel CPN (Maoists) and the then Seven Political Alliance (SPA). The culmination of the Comprehensive Peace Agreement was also founded on the aspiration of the 19 day-long 'peoples movement'. It is obvious that the Comprehensive Peace Agreement (CPA) raised expectation among people towards peaceful political transition with forward-looking strategies and restructuring of the state while duly honoring the sacrifice of thousands Nepalese people and embracing the voices of the victims. Since the blueprint itself was not guarantee of the attainment of lasting peace, the effective and honest implementation of the peace accord in both letter and spirit is highly desirable for meaningful change.

Unfortunately, soon after the CPA was signed, series of incidences of non-compliance occurred. It could be seen that the non-compliance of the CPA was not formally monitored by the concerned party and the incidences of violation which were supposed to be made public by the concerned agencies to make the people aware about the violations were not carried out. In this context, while the public media constantly reported on the series of incidences of non-compliance, monitoring from civil society perspective was felt extremely vital to audit the implementation of the peace accord and unveil the wrongdoing to the public with a view to make the violators accountable. Population Watch in collaboration with INHURED International initiated the monitoring process of the non-compliance of the CPA in a systematic manner by undertaking filed-based fact-finding and publishing reports on periodic basis to make the concerned parties accountable for the non-compliance. This report is the outcome of the documentation of the facts and trends of non-compliance of CPA covering the period between July 1 to 31 December 2007.

Since this report consists of the non-compliance of the CPA only, other cases of human rights violations have not been included in the report. The report has focused mainly on the implementation and the non-compliance aspects of various provisions under the CPA. The report can not ensure the monitoring and documentation of all the incidents that have occurred in the country during that period since the resources and the capacity of a single non-governmental organization is limited. Thus, the incidences included in this report are representative instead of all-inclusive. Howe2ver, the findings indicates that the compliance of the CPA has not been sincerely observed by the concerned parties.

We believe that the report will help encourage all concerned stakeholders towards earnestly complying with the provisions of the CPA. The organization hopes that the report will prove to be an important tool to the concerned organizations and the stakeholders engaged in the observance and implementation of the peace accord as well as towards political and economic transformation in the nation. In return, the organization would kindly like to request all concerned to provide us with valuable comments regarding the shortcomings of the report, if any.

Lastly, the organization heartily thanks all those monitors and volunteers who have accomplished the task even under exceptionally difficult circumstances while remaining in the VDCs, Municipalities and the districts. We are thankful towards the collaborative organizations, stakeholders and the related agencies who have supported to out cause. Immense gratitude goes towards the donors without whose support this program would not have been a success.

Last but the not the least, the organization thanks all field monitors who have agreed to volunteer the monitoring of the CPA along with the election observation until the election of the Constituent Assembly and one month beyond.

Dr. Gopal Krishna Siwakoti President

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MONITORING COMPREHENSIVE PEACE AGREEMENT

Summary Report

The nation witnessed systematic terror and lawlessness during the time of internal armed conflict spearheaded by the CPN Maoists since February 13, 1996 in which many people were injured; property was destroyed along with abduction, killings, gender-based violence and other criminal activities. In the due course, when King Gyanendra seized power from the hands of the people on February 1, 2005 the political parties came up with a new political equation to jointly enhance republican state.

The seven parties alliance (SPA) and the CPN Maoists signed a 12 point agreement and the political parties announced a popular uprising (Jana Andolan-II), in which the Maoists also joined to make the Jana Andolan a success. After the Jana Andolan, Nepal government and the Maoists signed the Comprehensive Peace Agreement (CPA) on 21 November [pg. 3 says it’s Nov 22] and announced the formal end of the armed conflict.

The people had expected lasting peace after the peace agreement between the Nepal government and the Maoists. Both the parties had abided that they would follow the CPA in every manner. According to the CPA, the Maoists cadres were put in cantonments whereas; an interim parliament was formed including the Maoists. Moreover, the Legislature Parliamentarian enforced an interim constitution and formed an Interim Government.

People were expecting an end in the incidences of murders, abductions, extortions, threats; fear and other activities when the Maoists joined the mainstream after a long time of the armed conflict. But this could not be seen in practice particularly from the Maoists side. Both the parties did not abide by the CPA provisions and because of that the common public became the victims all over again.

It was difficult to audit the peace process in the absence of a formal monitoring mechanism. Thus, the incidences of non-compliance increased. In this pretext, INHURED International along with Population Watch monitored the violations from a civil society perspective from

July 1 to 31 December Interview with the CPN Maoists leader Dr. Baburam Bhattarai about 2007. Initially, five VDCs the non/compliance of Comprehensive peace agreement. and one municipality of one selected district of each region was covered. Later during the second phase of the project, 30 districts were directly covered and rest of the districts were monitored by a team of Rapid Response Panel.

The organizations provided training to all the members of the monitoring team regarding the monitoring process, structure and 'do no harm policy'. Similarly, the content of the CPA was described in a simple way and published and distributed in a form of handbook so that public would be aware about CPA.

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The study was concluded after the monitoring of the violations from the concerned parties. Maximum monitoring of the incidences was carried out based on the first hand information whereas some incidences that could not be reached were obtained from other reliable sources.

The organization carried out a press conference at the end of the month in the development regions to publicize the CPA violations in the given region. The organization released a national report in a press release based on the violations of CPA in all the five development regions. Moreover, to make the people aware about the incidences, monthly bulletins were published and disseminated at the local level.

Since there was non- compliance from both the parties, fear has aroused among the President of INHURED Int, Dr. Gopal Krishna Siwakoti speaking during the unveling of National Report. people. Despite the CPA, human rights instruments, constitution and laws, discriminations, killings, arrest against the law, abduction, torture, making children's political indoctrination and other illegal activities which were to be stopped were not put in practice.

People had expected the end of the armed conflict, end in extortion, restitution of internally displaced persons, freedom from fear and threat, assertion of law and order and human rights. But the public expectation has been betrayed since the promises have not been kept.

The Constituent Assembly (CA), an important medium for the expression of public will, was supposed to be held by mid-June but was postponed to June 20th 2007. It was again postponed to November 22, 2007. The CA is a medium of expression for the public. The date of the CA is being postponed due to the dispute among the political parties. The public have grown suspicious of the fact that the CA Violated incidents being made public in a press conference. will be held on April 10, 2008.

In sum, it can be said that both the parties have demonstrated series of non-compliance towards the CPA. Looking at the quantity of non compliance, the Maoists have committed more violations whereas the state is not less responsible in non-compliance of political honesty from qualitative perspective.

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And, at the end...

According to the CPA monitoring initiative carried out by the representatives of INHURED International in all five development regions during the 6 months period, Maoists have committed 365 incidents non- compliance whereas the state is responsible for 30 incidences. However, we can not confirm that this is the complete reflection of the incidences from across the country. This is because the report has been prepared from the limited human and financial sources and many accounts of incidences may have missed out due to this constraint. However, the report Civilians being informed about the Comprehensive shows the position of both the parties in the non- Peace Agreement. compliance of the CPA.

People of Terai region are agitated as the state allegedly has not been able to adequately address their needs and demands. Also, there has been a rise in the number of criminal activities by the armed groups in the name of Terai movement. The situation of the Terai has been more complicated also due to the non-compliance of CPA by political parties and other rebel groups in combination with flourishing culture of impunity and absence of state in many instances.

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Section-I

Monitoring Comprehensive Peace Agreement : Events and Activities

A) Background

After the successful peoples' movement and the reinstatement of democratic government, Nepal Government and the CPN (Maoists) signed the CPA on November 22, 2006 [pg 1 says it’s Nov 21 – need to make sure this is correct and consistent in both Nepali and English versions]. Prime Minister Girija Prasad Koirala from the Nepal Government and Maoists leader Prachanda signed the agreement by formally ending the decade-long armed conflict. Both the parties had agreed to implement the CPA, restore peace and shape "New Nepal".

Everybody aspired that a genuine peace will prevail in the country after the signing of the CPA. Unfortunately, none of the parties were truly demonstrated their full honesty in implementing it with letter and spirit. Moreover, the state could not introduce effective measures to monitor the CPA.

Despite the CPA, there has been a rise in murders, killings, abductions, extortion, terror, fear, labor camps and many more. Since the state Gathering information with police personnel in anuman did not implement the CPA with full commitment, Dhoka Police Station about the dispute between the law of force overpowered the force of law in Engineering Campus Revolutionary students and NSU. the country.

The Maoists army in the cantonments remained in a miserable state for a long period of time as the state did not look after the army as promised Though both the parties had obliged not to carry out demonstrations in combat dress in the public places, the Maoists cadres have violated by carrying out demonstrations in public places in their uniforms on several occasions whereas the Nepal army have been seen marching and giving advertisements for the army enrollment in contrary to CPA. Such activities have further increased terror and fear among the people.

The state was unable to introduce effective measures to monitor the violations and also because the National Human Rights Commission remained without officials for Interviewing a victim injured by the YCL a long time, the CPA monitoring was not carried out from cadres of Kanchanpur. any concerned stakeholders in an effective manner. In this pretext, INHURED International in collaboration with Population Watch monitored the incidences of non- compliance of the CPA at a local level from July 1, 2007 in all the five Development Regions, districts and INHURED International/Popuilation Watch 7

VDCs. In the initial stage, for three months, the organization monitored 5 VDCs and one municipality in each development region and then further for the next three months the entire districts.

Eight monitors were trained to monitor in each development region. Out of 8, a team of 6 monitors were stationed in the respective district to monitor the incidences of the district whereas the two were assigned to monitor the incidents and violations of the whole development region as a rapid response mechanism.

The main components that the organization focused while monitoring were: right to life, personal freedom, right to mobility, social economic and cultural rights, women and children rights.

In discussion with the main District Officer of athmandu According to the magnitude of the incident, the about the non/compliance of the Comprehensive Peace greement. organization also sent high level monitoring team to various places collect facts. Similarly, after information was received about the miserable state of the Maoists cadres in the cantonments, concerned stakeholders were informed and also the Nepal government was appraised about the state of cantonments.

During the monitoring process, fact finding, discussion with stakeholders was carried out in each incident. Similarly, interviews were carried out with the victims, their families, political parties, civil society along with the human rights organizations, local people and eye witnesses. The facts published in the print and electronic media was referred and information was retrieved and disseminated accordingly.

B) Objectives of Monitoring

• To prepare a report based on the study of the CPA compliance/non-compliance • To publicize the report to make the CPA violators accountable • To launch advocacy at both the national and international level to seek justice to the victims

(C) Monitoring Methodology

• Fact-finding team was sent in the incident site(s). • Dialogues were held with the witnesses and the concerned people were made to gather information regarding the incident. • Interactions were held with the victims family and neighbors. • Interaction was held with the local human rights workers, lawyers and the civil society representatives. • Information was gathered from the concerned personnel, policemen and other people related to the incident. • Information of the incident was published in electronic and print media.

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D) Do No Harm Policy

• Maintain Neutrality • Enhance Impartiality • Develop Professionalism • Retain Confidentiality • Ensure Protection • Maintain Realistic Expectations • Assert Accountability • Maintain Transparency

E) Ethical Practice on Peace Audit Gathering the violation of CPA incidents • Avoid causing stress and coercion • Guarantee the participants protection • Be respectful and honest • Avoid over- visiting particular areas and causing participant fatigue • Share information with the concerned party • Honor self respect

F) Key Questions of Indicators on Peace Monitoring

• What kinds of attitude have changed in the patterns of conflict? • Which attitudes are specifically changed in the patterns of conflict? • Is there any mental change in the former conflict pattern? • If this behavior changes, what difference does it make? • How would you know the compliance in the CPA level? • What visible changes have been seen after the contact and the discussion? • Do people have the capacity to express themselves accurately in conversation without fear, judgment or restriction? • What is the level of initiation while carrying out activities by the political sides? • Is there a positive change in the destructive behavior? • Is the former conflict ridden party involved in the peace process? • Do the people feel they are adequately included in decisions that affect their lives and their communities? • Is information- sharing open, accessible and equitable? • When conflict arises, are there appropriate and effective mechanisms by which it is handled? • What patterns emerge when conflict escalates (e.g. does it moves quickly from seemingly small incidents to sharp polarization)? • Who are the stakeholders involved in the peace monitoring process? • Is there the provision of punishment for the violators of CPA? • How is the culture of impunity addressed? • Is the general public aware of the CPA?

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(D) Selection of monitoring areas and Deployment of Monitors

1. Main Areas of Monitoring

Initial Phase

Development Region District VDC Municipality Eastern Morang Dulari, Madhumalla, Darvesha, Biratnagar Sub- Urlabari, Sundarpur metropolitan Central Lalitpur Imadol, Lubu, Chapagaon, Lele, Lalitpur Sub- Dukuchhap Metropolitan Western Kaski Kalika, Ghachowk, Thumki, Dhikur Pokhara Sub- Pokhari, Bharat Pokhari Metropolitan Mid- Western Banke Manikapur, Bageshwari, Kohlpur, Nepalgunj Raniyapur, Karkado Far- Western Kanchanpur Dekhatbhuli, Krishnapur, Mahendranagar Laxmipur, Chadani, Pipaladi

Extension Phase

Development Region District Eastern Jhapa, Illam, Dhankuta, Morang, Sunsari and Tehrathum Central Kathmandu, Lalitpur, Bhaktapur, Sindhupalchowk, Bara and Rautahat Western Kaski, Syangja, Parvat, Tanahun, Nawalparasi and Baglung Mid- Western Salyan, Dang, Jumla, Pyuthan, Banke and Bardiya Far- Western Darchula, Dadeldhura, Kanchanpur, Bhajhang, Kailali and Baitadi

2. Trained Monitors Deployed

INHURED International and Population Watch had carried out a 3 day-long training program in Lalitpur to train the CPA monitors on monitoring tools and techniques. The training program was conducted from 23-25, June 2007 to educate the monitors to be involved in the monitoring process in the five development regions about the non- compliance of the CPA.

In the initial stage, altogether 40 people were trained to be stationed in five development regions President Dr. Siwakoti teaching the participants for a period of three months. During the training in the Monitoring Training Program. period, it was planned that 5 monitors would monitor the VDC, one would monitor the

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municipality and the other two would remain as a rapid response team. And in the end of the three months period, the monitoring process would be reviewed and revised and the monitoring team would monitor the entire district instead of the VDC only. (For additional information please refer the Annex)

In an official opening program, former member of the National Human Rights Commission Sushil Pyakurel said that the strategy introduced by INHURED International/ Population Watch was an important and timely program as the state has not shown interest to monitor the non-compliance of the CPA. Another member of the Commission Prof. Kapil Shrestha highlighted the importance of the protection of human rights through effective monitoring of the CPA.

In the three day program, resource person Advocate Hari Krishna Karki, explained the importance and relevance of the 12 point agreement of CPA between the Nepal Government and the CPN (Maoists). Similarly, another resource person Advocate Ram Krishna Kafle informed the participants about the different components mentioned in the CPA. During the process of the program, another resource person Hemant Raj Dahal, Executive Director of Human Rights Home emphasized that the human rights workers should focus on the 'do no harm policy' in every sector. Informing the local children about CPA

E) Publication

1. Booklet Publication

The organization published a booklet in a simple Nepali version about the CPA between the Nepal Government and the CPN (Maoist). The booklet was written and published in a simple language so that the public would be able to understand the content of the CPA without difficulties. The booklet was published prior the monitoring process.

There are 51 questions and answers in the published booklet. The important points mentioned in the agreement have been elaborated and put in the question and answer form.

Previously, altogether five thousand copies were printed but as the demand of the document increased 55 thousand copies were reprinted. The booklet was reached to all municipalities and VDCs of the all five development regions.

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2. Publication of the Monthly Bulletin

The monthly bulletin includes the non-compliance of the CPA of every development region to make the people aware about the violations and to bring about massive awareness about the peace process.

Such bulletins are published in both English and Nepali language. The Nepali language bulletin is printed and then distributed among the public whereas the English bulletin is published only in the electronic media in the form of E- bulletin. Various reports, press releases along with the news about CPA can be obtained from www.inhurednepal.org.

F) Regional Press Conferences

The organization conducted monthly press conference to inform the public through media about the non- compliance of the CPA which has been collected from different sources in the whole month from the respective development region.

The main aim of the press conference is to make the people aware about the incidents of non-compliance and to reduce the incidents by making the people aware about such activities. Besides this, the main incidents have been carefully followed-up by the additional fact finding missions from the organization.

Reporters and other media persons of the development region, human rights workers, along with the civil society members have continuously participated in such conferences. The non-compliance of the CPA by both the state and the Maoists has been publicized by the local media. (For further information please refer to index attached)

PRESS CONFERENCE: WHERE AND WHEN August

S.No. Region Date Place 1. Central August 10, 2007 Human Rights Home Lalitpur 2. Eastern August 14, 2007 Namaskar Hotel, Biratnagar 3. Western August 15, 2007 Hotel Ananda Pokhara 4. Mid Western August 15, 2007 Hotel Siddhartha Cottage 5. Far Western August 12, 2007 Hotel New Ananda, Mahandranagar

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September

S.No. Region Date Place 1. Central September 10, 2007 Human Rights Home Lalitpur 2. Eastern September 11 Namaskar Hotel, Biratnagar 3. Western September 9, 2007 Hotel Ananda Pokhara 4. Mid Western September 12 Hotel Siddhartha Cottage, Nepalgunj 5. Far Western September 16 Hotel New Ananda, Mahandranagar

October 2007

S.No. Region Date Place 1. Central October 10, 2007 Human Rights Home Lalitpur 2. Eastern October 11, 2007 Namaskar Hotel, Biratnagar 3. Western October 11, 2007 Hotel Ananda Pokhara 4. Mid Western October 15,2007 Hotel Siddhartha Cottage 5. Far Western October 14,2007 Hotel New Ananda, Mahandranagar

November

S.No. Region Date Place 1. Central November 16,2007 FNJ Hall, Birgunj 2. Eastern November 18,007 Hotel Daniel, Birtamod Jhapa 3. Western November 14,2007 Hotel New Era, Butwal 4. Mid Western November 13,2007 Rapti Super Lodge, Dang 5. Far Western November 13,2007 Hotel Park In, Dhangadi

December

S. No. Region Date Place 1. Central December 12, 2007 Hotel Seema Hetauda 2. Eastern December 10, 2007 Jai Nepal Hotel, Itahari 3. Western December 9, 2007 DDC Hall, Baglung 4. Mid -Western December 14, 2007 Hotel Tanduri, Nepalgunj 5. Far –Western December 10, 2007 Hotel Varshwa, Dipayal

January

S.No. Region Date Place 1. Central January13, 2008 Global Hotel, Narayanghat, Chitwon 2. Eastern January15, 2008 Hotel Fulbari, Inrawa, Sunsari

3. Western January13, 2008 Whitelake Hotel, Tansen,Palpa 4. Mid Western January16, 2008 Naulo Hotel, Surkhet 5. Far Western January18, 2008 Hotel Aananda, Mahandranager

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At a glance of Press Conference

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Section II

NON- COMPLIANCE OF PEACE AGREEMENT: MAJOR FACT AND STATUS

(A) Major Findings

• It has been found that both the parties have acted in non-compliance with the CPA. According to the monitoring reports of the incidents, it can be said that the Maoists have violated more in comparison to the state, whereas the state, in many instances, lacks political commitment., honesty and maturity in advancing the peace process. • Though it has been more than a year that the parties have signed the CPA, a large section of the concerned parties and the organizations seem to be ignorant about the content of the CPA. • Concern about the release and finding of the abducted people during the conflict period has not been in practice and made public despite the assurance from the state and the Maoists. • Fear has ignited among the local people due to the presence of the Nepal Army in their uniform along with the arms and ammunitions and the Maoists with their army uniform carrying arms and ammunitions in the village area. • More fear has ignited among the local people due to the postponement of the Constituent Assembly which was supposed to be held on Distributing the published books and bulletins 22 November 2007 of CPA to the local people. • It has often been found out that the YCL cadres have been carrying out activities like corporal punishment to civilians and have also threatened ordinary people. • The Maoists have not yet compensated the property that was seized during the time of the armed conflict. • The Maoists have been giving continuity to tax collection activity and donation collection in the form of money as a form of support to their party. • Suspicion in the concerned party has arisen due to the advertisement of the Nepal Army enrollment which is against the CPA • The number of incidents against the violation of the human rights has not reduced due to lack of punishment

(B) Non-compliance of some articles in the implementation process

As mentioned in the CPA, the agreement was carried out to end the 10 year long armed conflict, to respect the historical peoples' movement and re-establish democratic order through the CA election. However, the incidences of non-compliance of CPA has been the outcome of the unstable political situation and the frequest dillema and uncertainty of the CA election.

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NON- COMPLIANCE OF VITAL PROVISIONS OF THE COMPREHENSIVE PEACE AGREEMENT BETWEEN GOVERNMENT OF NEPAL AND COMMUNIST PARTY OF NEPAL (MAOIST)

By the State By the Communist Party of Nepal ( By both the Parties Maoist) • According to clause 3.7, a • According to clause 5.1.1, both sides • According to clause 5.1.4, both sides policy was to be adopted to shall express commitment to refrain shall assist each other to mark the implement scientific land from carrying out following activities: landmines and booby-traps used during reform program by ending (e) Involve in murder or violent the time of armed conflict by providing feudalistic system of land activities. (f) Involvement in necessary information within 30 days holding but it has not yet kidnapping/detention/imprisonment/en and defuse and excavate it within 60 come in practice. forced disappearance, but??? What’s days. But this has not been the violation? implemented therefore; children as well • According to clause 3.10, a as other people die due to the incident. policy was to be adopted to • According to clause 5.1.8, both sides provide land and other agree to maintain a record of the • According to clause 5.1.5, armies of economic protection to government, public, private building, both sides shall not bear arms or show landless squatters, ex- land and other property seized, their presence wearing combat fatigue kamaiyas, Halias, Harwas, locked up or not allowed to use in during any public program, political Charwas and economically course of the armed conflict and meeting or civil assembly but such backward section but has return them back immediately but this activity has been carried out not been implemented. has not come in practice. continuously in various parts of the • According to clause 5.1.2., nation. For example- on 4 October 2007 both sides shall not recruit • According to clause 5.2.1. collection in Nepal television Army inspection and additional armed forces or of cash or kind and tax collection the Maoists cadres' demonstrations was conduct military activities, against one's wish and against the broadcasted. including transporting existing law shall not be allowed but weapons, ammunitions and activities such as forceful tax • According to clause 5.2.3, both sides explosives but the Nepal collection and money donation is still also agree to make public within 60 army has advertised for the carried out. days of signing of the agreement the enrollment process. real name, caste and address of the • According to clause 5.2.8, both sides people made 'disappeared' or killed • According to clause 5.2.2, express the commitment to allow during the conflict and also inform the both sides agree to make without any political prejudice the family members about it but this has not public the status of the people displaced due to the armed been implemented even after a year of people under one's custody conflict to return back voluntarily to the CPA. and release them within 15 their respective ancestral or former days but the Maoists residence, reconstruct the • It is against the CPA that the parties are claimed that this has not infrastructure destroyed as a result of blaming each other for the bomb been obeyed by the state. the conflict and rehabilitate and explosions that took place several times reintegrate the displaced people into in the valley. [is blaming each other a the society. But…what’s the violation? violation of the CPA?]

• According to clause 10.1, both sides • According to clause 4.4 though it was agree not to operate parallel or any said clearly that the Interim Council of form of structure in any areas of the Ministers shall form a special committee state or government structure as per in order to inspect, integrate and the letter of the decisions of rehabilitate the Maoist combatants, November 8 and the spirit of the there is no place for both the sides to peace agreement. But…what’s the raise questions about the issue. [what’s violation? the violation?]

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Brief Monitoring Status of CPA (July- December) 2007

Non-Compliance by the Maoists:

S.N Nature of Incident Eastern Central Western Mid- Western Far- Western Total 1 Murder 0 2 1 0 0 3 2 Seizure 8 18 6 12 7 51 3 Beating/Forcefully 21 30 23 28 22 124 4 House Land/ Vehicles/Arms/ 22 19 8 16 6 71 Govt Property/ Cash seized 5 Extortion 10 10 4 26 6 56 6 Displaced 4 3 4 6 1 18 7 Threatening/ Blame/ Obstruction 4 8 3 4 2 21 8 Demonstration by Cadres 0 2 3 1 0 6 9 Arms Demonstration 0 1 0 0 2 3 10 Cadres leave Cantonment 1 0 1 1 0 3 (along with arms) 11 Destruction/ Fire 1 2 0 0 0 3 12 Shooting 0 3 0 0 0 3 13 Police Station Attacked 0 0 0 0 2 2 14 Labor Prisoners 0 0 0 1 0 1 Total: 71 98 53 95 48 365

Non-Compliance by the State

S.N Nature of the Eastern Central Western Mid- Far- Whole Total incident/ Western Western State Summary 1 Advertisement of Army - - - - - 2 2 Enrollment 2 Arms Patrolling 0 0 2 0 0 2 3 Food and water not fulfilled in - - - - - 1 1 Maoists Cantonment 4 Illegal Arrest 2 0 0 0 0 2 5 Threatening/ Blame/ Mis 0 5 0 1 2 8 Behave 6 Beating 7 0 1 4 1 13 7 Selling of Arms and 0 1 0 0 0 1 Ammunitions 8 Land Capture 1 1 Total: 9 6 3 5 4 3 30

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Section-III

Conclusions and Suggestions

(A) Conclusion

The Nepal peace process has continued in a generally positive manner since the start of the year, with the CPN-Maoists formally joining the interim government on 1 April 2007. Elections to a Constituent Assembly are now planned for April 2008, though conducive atmosphere for the free, fair and peaceful elections is yet to be shaped.

Despite the overall positive progress, there are a number of issues that remain threats to the overall peace process; one set of issues has already developed into serious security and protection concerns, particularly in the East and Central Terai, where several political and armed groups who claim to represent the sentiments of the Madheshi population have been demanding increased autonomy and even secessionist project. As a consequence there has been fresh displacement of people of hill-origin and new challenges to operational space for civil servants, humanitarian and development workers.

Extortion and intimidation of civilian populations which continued for months has been considerably decreased particularly after series of intervention programs by human rights defenders, media reporting, international community and increased resistance from general public. CPN-Maoist affiliates, the Young Communist League (YCL) and All Nepal National Independent Students’ Union-Revolutionary (ANNISU-R) clashed in many occasions but now come to an agreement to hold the elections of the students' union prior to the CA elections [I think they’ve now decided NOT to hold these student elections, right? Please make sure this is accurate.]. The incidences of harassment to the development, humanitarian and business community for donations and taxation purposes has been curtailed to some extent.

Since the signing of the CPA , there has been significant return of populations displaced during the ten year conflict in most parts of the

Gathering information from the local people beaten up by the country, though many returnees still armed police in Udaypur. face security and protection concerns. CPA monitors, human rights defenders and humanitarian agencies have been supporting to the victims for their safe return. Despite the vigorous efforts, thousands of IDPs are yet to return home in the absence of conducive environment back home.

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Major parts of Peace Agreement

(a) End of Conflict

The main aim of the CPA is to end the 10 years of conflict. Main agendas of CPA include keeping Maoists cadres in cantonments, non-enrollment in army, refrain from purchasing of arms and ammunitions and adjustment of the armies of both the sides. If these agendas are followed then the end of conflict can be assured. However, in the given scenario, there are still many speculations about ending of conflict in the nearest future. For example, if the Maoists cadres often decamp or attempt to decamp from their cantonments and Nepal army continues to enroll new army men it will definitely hamper the peace process. The news of arms purchase is often heard and there are disputes in the army arrangement. All these incidences are not healthy to lasting peace process.

(b) Assurance of Peace

Another main agenda of CPA is the assurance of peace to the people. Other important facts are to include the opponent party (s) in the parliament and the government, to unite all the parties to form a government, to release the 'political' prisoners (if there are any) detained during conflict, to return the seized property, to repatriate the displaced people, map and defuse landmines and other ammunitions and to end extortion spree. But according to the monitoring team, all of the above mentioned facts Searching for human remains based on the fact that have been violated during the six months period. the army had disappeared people in hivapuri Forest. People have started to demonstrate serious suspicion in the peace agreement as the Maoist frequently change their stance in the government (inning and outing game). Extortion still prevails, YCL cadres are still carrying out illegal activities, all internally displaced persons have not been able to return home, situation of the involuntary disappearance is unknown and the Maoists are still in the process to seize property.

(c) Restructuring of the State and Constituent Assembly

The above is the third agenda of the CPA. The positive aspect of the CPA is the restructuring of the state and the CA. For example, actions have not been taken even after 14 months of CPA now to develop the scientific land reform policy, to alleviate the status of backward community such as the Haruwa/ Charuwa and to put an end to bribery and corruption. Though the CA was to be held by mid June 2007, the date has been postponed for 3 times now and therefore the public are still unsure about the possibility of the CA being held in the new date slated for the CA in the third time.

(d) Truth and Reconciliation

The fourth agenda of the CPA is to punish those involved in the violations of human rights and humanitarian law, arrange compensation for the victims and punish those culprits of the peoples' movement. For this particular mission, a Truth and Reconciliation Commission was to be formed. However, the government has yet to establish such commission.

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Since the Rayamajhi Commission decided to appreciate rather than punish the culprits and to forgive the rest, the environment to reconciliation has been jeopardized. The culture of impunity is on the rise as the situation of the involuntary disappearance is unknown and not even a single culprit has been brought to book.

The presence of the state seems to be very minimal in the Terai region as there is rise in the number of criminal activities such as the murder, killing, abduction, looting, terror, fear and other activities against the peace process and protection of ordinary people. [What about the Special Taask Forces?]

Above mentioned facts are the main agenda of the CPA. Since there has been no implementation from the concerned side, the people are unable to experience peace. Comparatively though the number of incidents

Talking to the local people about the situation of Terai. has decreased the situation is still the same. The nation has not proceeded further as it should have after the CPA. Complete violation of CPA can be observed as the date of election keeps on postponing. There are allegations between the parties and the political situation is very unstable.

The organization during the six months period of monitoring has not only made public that both the parties are involved in non-compliance activities but has also lobbied to portray accountability of the concerned parties. If the concerned parties are still not serious about the compliance of CPA then the state can take any turn. The only solution of the above mentioned precarious situation is holding CA election in a conducive atmosphere. There is high possibility and indications that the situation of the Terai can be resolved after the CA election.

Currently, there has been a rise in the politics of appeasement rather than a clean political exercise. The parties seems to be more focused on the advantages and the benefits of the party rather than the welfare of the people and the state. Force of law has been replaced by law of force. Similarly, there has been rise in the criminalization of politics and politicization of crimes. The rule of law has been diminished in several instances in the transitional period whereas there is rise in the attitude to forgive the culprits resulting in flourishing of the culture of impunity. Henceforth, the violators of the human rights are roaming about freely in the state.

(B) Suggestions/Recommendations

1. To the Nepal Government

• The CPA should be made legally enforceable as it is the historical document adopted by Nepal government and the Maoists to formally end the internal armed conflict and transform towards peaceful political process. The violators of the CPA should be brought to justice. • Since several stakeholders are still not aware about the essence and the content of the CPA, a massive awareness program should be launched for effective observance of the CPA . • Looking at the political situation where the violence is on the rise, an independent, autonomous and powerful body should be formed to monitor CPA in an official and a regular manner throughout the nation as well as to render justice to the victims and bring the violators to book.

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• Some of the issues of critical concern should be addressed immediately including support to the wounded during the conflict period, disabled, victims of sexual violence, internally displaced, abducted and other victims' family who should be provided with the compensation fir instant relief. • It is important to act in compliance with CPA since it is interrelated with the holding of CA polls in a conducive atmosphere. Therefore, all those concerned should concentrate on voters' education and understanding electoral process. Civil society organizations should be given priority to the monitoring of the CA polls.

2. To the CPN (Maoists)

• The activities such as beating, torture, property seizure, threat, extortion, disturbance in the programs of the political parties and other criminal activities by YCL cadres need to be stopped immediately. • The property seized before and after the conflict has to be returned and compensated. • The internally displaced persons should be repatriated to their ancestral homes/ and villages. • It must not cause obstruction during the monitoring, fact-finding and publishing of information by the human rights groups. • The Maoists cadres refrain from coming out of the cantonments in their uniform and conduct demonstrations. • An immediate and concrete step should be taken to de-mining and diffusion of the landmines and booby-traps which were laid down during the time of the armed conflict.

3. To the Political Parties

• All the political parties should maintain compliance towards the CPA as the CPA is historically a milestone event between the Maoists and the Nepal Government. • There should be no hindrance from the parties when any opponent party(s) is carrying out peaceful demonstrations in the country. • A suitable environment should be established as mentioned in the CPA for equity, accountability and guarantee of fundamental rights and freedom • Proper arrangement should be made to guarantee the right to vote and the right to be elected of the citizens in the CA election, to help implement the law and maintain order, to include every sector of the society in the process of positive development in the state.

4. To Parties in Conflict in Terai

• All the parties who have political doctrine should respect the CPA which is an important part of the peace process. • Criminal activities such as terror, fear, threat, physical and mental torture from the armed groups which are carried out for the sake of 'Madhesh movement' should be stopped as such activities are causing problem to the people of Terai too. • Human rights and law have been violated since the small and big parties of the Terai have not obliged to abide by the CPA. Therefore, these groups should also respect and protect the human rights and humanitarian law without any excuse. • The history has proved that the gun-power can be overcome by peoples' power. Henceforth, the concerned parties should resolve their problems through dialogues and according to the wish of the people.

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5. To the Civil Society

• Advocacy towards awareness of the CPA should be conducted among people as the people are still unaware about the provisions of the CPA though it has already been 14 months since the agreement was accomplished. • A series of discussion, discourse and debate on the issue of the current situation of the CA election, compliance/non-compliance of the CPA, the suspicion on the dilemma of the CA election should be conducted at every tier of the society. • Pressure should built to form the proposed truth and reconciliation commission which ensures the notion of "justice to victims: punishment to perpetrators" in order to end the culture of impunity.

Final Note:

Whilst there has been encouraging progress in the peace process at a central level, many communities in rural areas are still yet to experience significant improvements in the overall protection environment, or provision of basic services through official channels.

The Maoists has developed a new tendency of 'non-confession' of non-compliance. They often attempt to stay away by bluntly accusing 'others' for their mischief. Meanwhile, incidences of 'confessions' by the central leadership of Maoists have also been reported in dozens of instances in which prima facie facts have been established. The deteriorating security and protection situation in the Eastern and Central Terai is of serious concern, with the genuine threat of escalation into communal violence with major humanitarian consequences if a political solution to current complaints is not achieved quickly.

In such a situation, there is an immense need to systematically monitor the CPA compliance to establish accountability on the part of perpetrators, ensure justice to the victims and help create a desirable environment for CA elections. It is also equally important to monitor the CPA beyond the CA polls due to probability of post- election violence and chaos.

The End

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INDEX -1

Summary of Non- Compliance of Comprehensive Peace Agreement

Eastern Development Region

(1 July- 31 July) 2007

By the Maoists

S.N Date of the Nature of the Place of the incident Victim Violator incident incident 1. 2007/07/16 Beating Saranamati-9, Madargach, Jhapa Sundi Mandal YCL 2. 2007/07/16 Beating Urlabari-4, Morang Gopal Poudel YCL 3. 2007/07/13 Loot after forcefully Itahari-3, Badkaphodka, Ram Bhadur YCL signing Rs. 250000 Buddhatole, Morang Tamang cheque 4. 2007/06/22 Land Seized and the Dangighat-1, Morang Kedarnath Maoists leftover grains were Dhakal handed over to the owner 5. 2007/07/17 1100 acres land Dhankuta, Chungtang Surya Bhadur Maoists seized Thapa (Former PM) 6. 2007/07/23 Land of Road Phidim, Panchthar Road Maoists Department seized Department 7. 2007/07/23 3.5 acres land Gauradaha-3, Jhapa Ranju Shrestha, Maoists seized Bandana Shrestha and Barsha Shrestha 8. 2007/07/26 Maoists cause Phidim, Panchthar District Maoists obstruction in Nikasi Development tax collection and Committee have started to collect the tax themselves 9. 2007/07/25 Beating, both legs Mahabharat VDC Bhakta Luin Rai Maoists fractured 10. 2007/07/08 Party office Dhankuta Party Office, Maoists destroyed and set RPP, Dhankuta on fire 11. 2007/03/25 6.5 acres land Sundarpur-8, Bansbari, Morang Jhanak Prasad Maoists seized on the charge Ghimire the land belonging to Royal family 12. 2007/07/03 Land seized Indrapur-6, Morang Hem Chandra Maoists Ghimire

INHURED International/Popuilation Watch 24

By the State

S.N Date of the incident Nature of the Place of the incident Victim Violator Incident 1. 2007/07/19 Injured after shot Beldangi refugee Camp, Nar Bahadur Nepal Police Jhapa Magar 2. 2007/07/22 Beating Bhojpur Gyanendra Armed Police Khadka 3. 2007/07/22 Injured Sukhipur-2, Siraha Ram Chandra Nepal Police Shah

(August 1- August 14) 2007

By the Maoists

S.N Date of the incident Nature of the Place of the Victim Violator Incident incident 1. 2007/07/26 Beating Darveshsha-8, Rekh Bahadur Khatri YCL Morang 2. 2007/08/01 Beating Dharan Hari Prasad Bastola YCL Municipality 3. 2007/07/30 Land seized Anarmuni-5, Jhapa Pravin Rijal YCL 4. 2007/07/29 Beating Panchthar Mawit Prasad Uprety Akash and Pakash (YCL) 5. 2007/07/31 Land seized Panchgachi-6, Rajendra Prasad Maoists Jhapa Tajpuriya, Satya Narayan Rajbanshi 6. 2007/07/30 Beating Biratnagr, Morang Ranju Bhattarai Maoists 7. 2007/07/18 Land seized Morang, Kathari-1 Raj Kumar Singh Maoists 8. 2007/08/07 Physical attack Madhumalla-9, Dosi Maya Dhimal Sri Prasad Bhattarai Morang and Kul Bahadur (YCL) Dhimal 9. 2007/08/09 Took control Dharan Rajesh Thapa YCL Municipality 10. 2007/06/29 Government Sunsari Agriculture District Sarvajit Yadav vehicle seized Development Committee 11. 2007/08/22 Donation Dhankuta Purna Bahadur Maoists collection (Rs Limbu and 800 per truck) contractors 12. 2007/08/14 Beating and loot Itahari Deepk Chaudhary, Ramesh Kafle Pradeep Sansawal (Maoists Secretary) 13. 2007/08/21 Beating and Jaleshwari, Ganesh KC YCL abduction Khotang 14. 2007/08/24 Beating Mahendranagar-4, Santosh Dhakal Sanam Thapa and Sunsari Sagar Rai (YCL) 15. 2007/08/24 Beating, physical Dumraha-5, Tetru Chaudhary, Sita Ram Chaudhary attack Sunsari Babita Chaudhary (YCL) 16. 2007/08/21 Physical attack Kanyam-8 Hurhure Lakhman Tamang Dawa Tsering and Bhanjyang, Ilam YCL 17. 2007/06/03 Land seized Madhumalla 9, Chandra Phambo YCL Morang 18. 2007/05/16 Abduction Davesha-7, Uddhav Ojha Maoists Morang

INHURED International/Popuilation Watch 25

By the State

S.N Date of the incident Nature of the Place of the Victim Violator Incident incident 1. 2007/08/01 Arrested Inaruwa, Sunsari Besh Raj Nepal Police Pokharel

(1 September- 30 September) 2007

By the Maoists

S.N Date of the Nature of the Place of the Victim Violator incident Incident incident 1. 2007/09/01 Beating Sujibari, Jhapa Chandra Bahadur YCL Gurung 2. 2007/09/12 Promotion Letang-1, Kritiman Gangadevi Khanal YCL denied 3. 2007/09/01 Criticize/ Dhankuta Tika Prasad ANNFSU (Revolutionary) Humiliation Ghimire 4. 2007/09/01 Criticize/ Dhankuta Hira Prasad Maoists Humiliation Ghimire 5. 2007/09/02 Destruction and Dhankuta RPP District Office Maoists set on fire 6. 2007/09/19 Freed after Khandbari, Dharma Devi Dahal Maoists abduction Sankhuwasabba 7. 2007/09/20 Displaced Bhojpur Non- Governmental Maoists Organizations 8. 2058 onwards Capture Bhojpur Sita Ram Maoists Shadananda Guthi 9. 2007/09/05 Threat to kill Tanki Sinabari, Devi Dutta Regmi Maoists Biratnagar 10. 2007/09/19 Threat to Dhankuta Local people Maoists charge 11. 2007/06/03 Displaced Madhumala, Morang Kajil Mani Maoists Khatiwada

By the State

S.N Date of the Nature of the Incident Place of the Victim Violator incident incident 1. 2007/09/03 Beating DDC Sunsari Dil Kumar Police personnel- Birendra Tamang Yadav 2. 2007/09/04 Beating Urllabari, Morang Romansha Armed Police Personnel Dhimal 3. 2007/09/17 Untimely Transfer Bhogteni, Bal Bikash Pvt. Morang Education Office Morang Ltd, Morang 4. 2007/09/19 Abduction Jabdi, Siraha Manik Lal Yadav Jamindar Satyadev Yadav 5. 2007 September Scarcity of Food materials Chula Chuli. Maoists Army Nepal Government onwards Illam

INHURED International/Popuilation Watch 26

(1 October- 31 October) 2007

By the Maoists

S.N Date of the Nature of the Incident Place of the Victim Violator incident incident 1. 2007/09/29 Donation Collection Bhojpur Government office workers YCL 2. 2007/10/05 Land seized Phikkal-2, Illam Ram Ku. Rathi YCL 3. 2007/10/13 House seized Biratnagar-2, Lok Man Singh Karki YCL Morang 4. 2007/10/13 House seized/ Humiliation Biratnagar-4, Ballav Dahal YCL Morang 5. 2007/10/11 House seized/ Humiliation Dharan-16 Kumar B. Karki YCL 6. 2007/10/11 House seized Jhapa Rabindra Chakrawarti Maoists Bhadrapur, Bhanutole

(1 November - 30 November) 2007

By the Maoists

S.N Date of the incident Nature of the Place of the Victim Violator Incident incident 1. November onwards Donation Collection Panchthar School Teachers Maoists 2. 2007/11/01 Tax collection Kolabung, Illam Businessmen Maoists 3. 2007/11/03 Land seized Muga, Dhankuta Kumar Kaji Thapa Maoists 4. 2007/11/09 Abduction Nagin-6, Panchthar Deu Man Khatri Maoists 5. 2007/11/13 Cash Seized Dharan- 7, Sunsari Parvat and Rabin Rai YCL 6. 2007/11/13 Cash Seized Bhadrapur, Jhapa Some local people YCL 7. 2007/11/19 Land Seized Hasand-1, Morang Semanta Raj YCL Adhikari 8. 2007/11/19 Forceful donation Damak, Jhapa Businessmen Maoists 9. 2007/11/19 Land seized Hasand-1, Morang Pramod Niraula Maoists 10. 2007/11/23 House Seized Dhankuta Balananda Bhurtel municipality-7

By the State

S.N Date of the incident Nature of the Place of the Victim Violator Incident incident 1. 2007/11/04 Beating/ Threat Ramgunj- 4, Binod Nepal Police Sunsari Chaudhary and Sri Prasad Yadav 2. 2007/11/24 Beating Itahari, Sunsari Govinda Ghimire Armed Police 3. 2007/11/24 Beating Itahari, Sunsari Dig Khadka Armed Police 4. 2007/11/24 Beating Itahari, Sunsari Sunil Shah Armed Police 5. 2007/11/24 Beating Itahari, Sunsari Gopal Pariyar Armed Police 6. 2007/11/24 Beating Itahari, Sunsari Rajendra Armed Police Shrestha

INHURED International/Popuilation Watch 27

(1 December- 31 December) 2007

By the Maoists

S.N Date of the incident Nature of the Place of the Victim Violator Incident incident 1. 2007/11/26 Beating Prakashpur-9, Purna Prasad Maoists Jhapa Tiwari 2. 2007/11/26 Tax Collection Bhedetar, Local people Maoists Dhankuta 3. 2007/11/26 Tax Collection Tehrathum Businessmen Maoists District 4. 2007/12/02 Wheat Seized Ishibab-9, Hom Prasad Maoists Tehrathum Bhetuwal 5. 2007/12/03 Abduction Bal Mandir-5, Narendra YCL Dhankuta Khadka 6. 2007/12/20 Abduction Ankhisalla-5, Khadga Bhadur YCL Dhankuta Rai 7. 2007/12/23 Control over Pakali-6, Sunsari Shiva Prasad YCL petrol pump Ghimire 8. 2007/12/24 Abduction Banuba-9, Ratna Poudel YCL Dhankuta

By the State

S.N Date of the incident Nature of the Place of the Victim Violator Incident incident 1. 2007/12/11 Beating Triyuga Milan Limbu Armed Police Municipality-17, along with 6 Udaypur people

INHURED International/Popuilation Watch 28

Central Development Region

(1 July- 31 July) 2007

S.N Date of the Nature of the Place of the Victim Violator incident Incident incident 1. 2007/06/24 Inflicted Terror Chitwan Relatives of the people killed in Madhi Maoists 2. 2007/06/24 Threat Chitwan Injured victims of Badarmudhe YCL 3. 2007/06/25 Abduction/ Torture Lalitpur Kanchi Khatri Maoists 4. 2007/06/30 Abduction Kathmandu Arjun Pandey YCL 5. 2007/07/04 Crossfire on the Kathmandu Police Personnel along with other local YCL Kings Birthday people 6. 2007/07/06 Seizure Kavre Health Post Maoists 7. 2007/07/07 Beating/ Injured Dolakha Teachers Pushkar Khadka, Urmila Maoists Thami, Arjun Khadka 8. 2007/07/10 Beating for not Ramechhap Ganesh Prasad Bhattarai YCL giving donation 9. 2007/07/15 12 People Injured Sindhupalchowk 12 Villagers YCL 10. 2007/07/26 Murder Rautahat Binod Mukhiya-5, Area In charge CPN (Janatantrik Terai Mukti Morcha Jwala Maoists Singh) 11. 2007/07/29 Beating/ Dolakha Sundar Prasad Khadka/ District YCL Destruction Administration Office 12. 2007/07/29 Beating Dolakha Uddhav Bahadur Thapa YCL Note: Though the investigation about the murder of Binod Mukhiya is being carried out, the name of the murderer is not disclosed due to the agreement with the media and the Maoists have accepted the Murder.

By the State

S.N Date of the incident Nature of the Place of the Victim Violator Incident incident 1. 2007/06/24 Beating Kavre Civilians Police

(1 August- 31 August) 2007

By the Maoists

S.N Date of the incident Nature of the Place of the Victim Violator Incident incident 1. 2007/08/08 Beating Kavre Raghunath YCL Gautam 2. 2007/08/08 Threat Kathmandu Lawyer Baburam YCL District Bar Kunwar and Devi Prasad Koirala 3. 2007/08/10 Police Station Dhukuri VDC, Nepal Police Maoists Seized/ Loot Nuwakot 4. 2007/08/12 Injured Pathalaiya, Bara Suman Lama Maoists and his friend 5. 2007/08/12 Bullet Fired Hetauda, Murali Karki Maoists Makawanpur 6. 2007/08/14 Intense Beating Thapathali, Campus Chief Akhil Revolutionary Kathmandu and N.S.U 7. 2007/08/15 Vehicle Torched New Baneshwor, Som Prasad YCL Kathmandu Pandey- UML

INHURED International/Popuilation Watch 29

member 8. 2007/08/17 Obstruction in Chautara, Electricity Maoists the collection of Sindhupalchowk administration the electricity tax 9. 2007/08/23 Prisoner Bamti VDC Ratna Danru Lama, Maoists Jyoti Bazaar, Tsering Lama, Ramechhap Bal Ram Karki, Tirtha Karki 10. 2007/08/29 Custom Office Rasuwagadhi, Custom Office Maoists Seized Nuwakot 11. 2007/08/29 Arms looted Choharba, Siraha Nepal Police YCL

By the State

S.N Date of the incident Nature of the Incident Place of the Victim Violator incident 1. 2007/08/02 Advertisement for the enrollment in - - - the Army 2. 2007/08/24 Advertisement for the enrollment in - - - the Army

(1 September- 30 September) 2007

By the Maoists

S.N Date of the incident Nature of the Place of the Victim Violator Incident incident 1. 2007/08/31 Abduction Kathmandu. Sanjeev Lama YCL Chabahil 2. 2007/09/01 Beating Manthali Dev Shankar Maoists Saghutar Bazaar Poudel 3. 2007/09/15 Beating Baitadi, Nuwakot Laman Kunwar, Maoists Bir Bahadur Kunwar, Dev Bohara, Prem Bohara 4. 2007/09/19 Maoists out of the Shaktikhor, Civilians Maoists Army cantonments with Chitwan arms 5. 2007/09/23 Beating Kiranchowk, Yuvaraj Baral Maoists Dhading 6. 2007/09/24 Forcefully Shivalaya Krishna Bahadur Maoists removing the School , Dahal Principal and Nuwakot promoting a relative 7. 2007/09/27 Kantipur Kathmandu Kantiour Maoists Workers Union Publication Publication destructed 8. 2007/09/27 UML members Dhading Pida Swayam Prau, YCL attacked VDC-1 Arjun Shrestha, humi Tripathi, Dhurba B Ka and Rajendra Baral

INHURED International/Popuilation Watch 30

(1 October- 31 October) 2007

By the Maoists

S.N Date of the incident Nature of the Place of the Victim Violator Incident incident 1. 2007/10/02 Threat and warning Tinkune, Kantipur Publication Maoists workers Kathmandu 2. 2007/10/02 Threat and warning Rasuwa District administration Maoists officers 3. 2007/10/02 House seized and Various places in Political leaders during the YCL warning Kathmandu Royal regime 4. 2007/10/04 Road obstruction Shaktikhor, Civilians Maoists Army Chitwan 5. 2007/10/04 Abduction Pulchowk, Yaksha Dhoj Karki, Bikram YCL Lalitpur Bhandari, Devendra Kunwar 6. 2007/10/05 Murdered after Umjan VDC, Birendra Shah Maoists workers abduction Bara 7. 2007/10/05 Abduction Umjan VDC, Ram Dev Das Maoists workers Bara 8. 2007/10/08 Property seized Bharatpur, Ram Krishna Bista YCL Chitwan 9. 2007/10/10 Abduction Dhaibung-7, Shokhar Lamicchane YCL Rasuwa 10. 2007/10/12 Donation Collection Charikot, Businessmen/ officers/ local Maoists Dolakha people 11. 2007/10/12 Donation Collection Various places in Businessmen/ officers/ local Maoists Ramechhap people 12. 2007/10/17 Attack Durbar Marg, Annapurna Hotel Maoists Workers Kathmandu Union 13. 2007/10/28 Property seized Birgunj, Parsa Jyoti Pharma Maoists 14. 2007/10/30 Beating Katunje, Rabi Rana YCL Bharatpur 15. 2007/10/31 Abduction, beating Sukedhara, Surendra Kumar Rasaili Maoists Kathmandu

By the State

S.N Date of the incident Nature of the Incident Place of the Victim Violator incident 1. 2007/10/17 Threat Dhunche, Media People Sub Inspector/ Rasuwa Constable 2. 2007/10/27 Selling of Arms Kathmandu Constable/ Jitendra Yadav

INHURED International/Popuilation Watch 31

(1 November-30 November) 2007

By the Maoists

S.N Date of the incident Nature of the Place of the Victim Violator Incident incident 1. 2007/11/03 Tax collection Manthali , Transportation businessmen Maoists Ramecchap 2. 2007/11/03 Arms exhibition Devahi VDC, Local people Maoists Rautahat 3. 2007/11/04 Abduction Shamawati VDC, Dwarikaman Singh Pradhan YCL Dolakha 4. 2007/11/14 Forceful Tax Dolakha district Tourists, local people Maoists collection 5. 2007/11/15 Abduction Mahankal, Suresh Khadka YCL Kathmandu 6. 2007/11/15 Abduction Lalitpur sub- Raj Kumar Das YCL metropolitan 7. 2007/11/16 Land seized Hetauda, Shanti Singh Maoists Makawanpur 8. 2007/11/16 Obstruction in Sindhupalchowk Electricity Corporation Maoists the collection of electricity tax 9. 2007/11/18 Land seized Vashamadi, Surya Prasad Shrestha Maoists Makawanpur 10. 2007/11/18 Land seized Hetauda-8, Rishi Kumar Pandey Maoists Makawanpur 11. 2007/11/19 Beating and loot Rasuwa, Dhunche Temba Tamang YCL 12. 2007/11/19 Beating and loot Rasuwa, Dhunche Nupru Tamang YCL 13. 2007/1119 Beating and loot Rasuwa, Dhunche Phurpa Tamang YCL 14. 2007/11/21 Abduction/ Kamidanda, Kavre Dr. Gyanendra Giri YCL Beating 15. 2007/11/21 Abduction/ Kamidanda, Kavre Aditya Khanal YCL Beating 16. 2007/11/21 Abduction/ Kamidanda, Kavre Manoj Pandey YCL Beating 17. 2007/11/21 Abduction/ Kamidanda, Kavre Umesh Pandey YCL Beating 18. 2007/11/21 Abduction/ Kamidanda, Kavre Janak Rijal YCL Beating 19. 2007/11/21 Beating Trishuli, Nuwakot Dambar Gubaju YCL 20. 2007/11/21 Beating Trishuli, Nuwakot Pramod Deuja YCL 21. 2007/11/21 Beating Trishuli, Nuwakot Lakpa Gyaljen YCL 22. 2007/11/21 Beating Bhatauli 3, Rudra Bhadaur Khadka Maoists Ramechhap 23. 2007/11/21 Beating Bhatauli 3, Dhan Bahadur Khadka Maoists Ramechhap 24. 2007/11/23 Passenger bus Chandranighapur, Related vehicle owners YCL torched Rautahat

By the State

S.N Date of the incident Nature of the Place of the incident Victim Violator Incident 1. 2007/11/14 Beating Tatopani VDC, Jumla Bhakta Bahadur Hamal Nepal Army 2. 2007/11/14 Beating Tatopani VDC, Jumla Bal Raj Shahi Nepal Army

INHURED International/Popuilation Watch 32

(1 December- 31 December) 2007

By the Maoists

S.N Date of the incident Nature of the Place of the incident Victim Violator Incident 1. 2007/12/08 Seizure Manpur, Dang Yam Narayan Dhital Maoists 2. 2007/12/08 Seizure Manpur, Dang Surendra Dhital Maoists 3. 2007/12/08 Seizure Manpur, Dang Resham Raj Dhital Maoists 4. 2007/12/08 Seizure Manpur, Dang Indrawati Lamicchane Maoists 5. 2007/12/11 Donation Bharta, Kalikot Brish Kathayat Maoists Collection 6. 2007/12/11 Donation Bharta, Kalikot Jaya Hari Acharya Maoists Collection 7. 2007/12/11 Donation Bharta, Kalikot Shiva Lal Tiwari Maoists Collection 8. 2007/12/11 Donation Bharta, Kalikot Jaya Krishna Neupane Maoists Collection 9. 2007/12/11 Donation Bharta, Kalikot Bhairab Kathayat Maoists Collection 10. 2007/12/11 Donation Bharta, Kalikot Indra Thapa Maoists Collection 11. 2007/12/11 Donation Bharta, Kalikot Krishna Shahi Maoists Collection 12. 2007/12/11 Donation Bharta, Kalikot Khagendra Bahadur Maoists Collection Shahi 13. 2007/12/18 Beating Khalanga-1, Rukum Khadak Bastrakar Maoists 14. 2007/12/20 Donation demand Gulariya Municipality-13, Newa Lal Kurmi Maoists Bardiya 15. 2007/12/20 Donation Demand Gulariya Municipality-13, Madan Man Chitrakar Maoists Bardiya 50 16. 2007/12/23 Beating Bhagwati Prastawit H.S, Teacher- Hari Chandra YCL Jajarkot Basnet 17. 2007/12/23 Beating Bhagwati Prastawit H.S, Teacher- Mahendra YCL Jajarkot Basnet 18. 2007/12/23 Beating Bhagwati Prastawit H.S, Teacher- Navaraj YCL Jajarkot Bhandari 19. 2007/12/23 Beating Bhagwati Prastawit H.S, Teacher- Parsuram Giri YCL Jajarkot 20. 2007/12/23 Beating Bhagwati Prastawit H.S, Student- Bishwa Basnet YCL Jajarkot 21. 2007/12/29 Beating Liwang, Rolpa Referee Kishor Acharya Maoists

By the State

S.N Date of the incident Nature of the Place of the incident Victim Violator Incident 1. 2007/12/27 Beating Birendranagar Yam Lal Bhandari, Nepal Police Municipality Pipiri, Jiyarayal Baksh, Israel Surkhet Baksh

INHURED International/Popuilation Watch 33

Western Development Region

(1 July- 31July) 2007

By the Maoists

S.N Date of the incident Nature of the Place of the incident Victim Violator Incident 1 2007/06/27 Beating/ Threat Lahachowk, Kaski Eknath Poudel (VDC Maoists Secretary) 2 2007/06/29 Seizure From one of the guest Narayan Adhikari and Sumitra YCL house of Butwal Gautam 3 2007/07/07 Beating Ghorsangdi-5, Parvat Ishwari Prasad Bhusal YCL 4 2007/07/08 Police Station Ghandruk, Kaski Police Maoists displaced 5 2007/07/08 Land seized Lekh Nath Municipality, Rama Khatri and Kul Deep Maoists Kaski Koirala 6 2007/07/08 Displaced Arunodaya VDC, Tanahu Pradeep Kumar Gahatraj and Maoists family 7 2007/07/08 Torture Bhairahawa, Rupandehi Krishna Bika, Pushpa Dame, YCL Prem Bika, Sukla Gupta 8 2007/07/12 Beating Sunwal-5, Nawalparasi Sheshkanta Adhikari, Lilav YCL Pandey, Rabindra Budhamagar 9 2007/07/08 Torture Duradanda, Lamjung Dil Bhadur Basel Maoists 10 2007/07/08 Untimely tax In the road of Myaldhunga Transportation administration Maoists collection section in Babiya chaur, Myagdi

By the State S.N Date of the incident Nature of the Incident Place of the incident Victim Violator 1 2007/07/05 Demonstration by the Kalika VDC, Kaski Local people Nepal Army army in the uniform in village area

(1 August- 31 August) 2007

By the Maoists

S.N Date of the Nature of the Incident Place of the incident Victim Violator incident 1 2007/07/27 Threat Pokhara sub Tilak Ram Poudel YCL metropolitan -8 2 2007/07/31 Abduction/ Beating Damauli, Tanahu Jeevan Kunwar YCL 3 2007/08/09 Beating/ forcefully Nawalparasi Deepak Gurung Maoists (Maoists army) 4 2007/08/10 Abduction/ Beating Chorepatan, Pokhara Liladhar Subedi YCL (Kamal) 5 2007/08/16 Involving school students Pokhara, Kaski Students of the Akhil in causing road School (revolutionary) obstruction 6 2007/08/21 Obstruction in Police Dulipokhari Police Nepal Police Maoists patrolling Station, Parvat 7 2007/08/23 Abduction/Beating Hastichaur VDC, Gulmi Rekha Thapa YCL 8 2007/08/25 Beating Shivalaya, Parvat Baburam Poudel Ram Krishna Shrestha YCL INHURED International/Popuilation Watch 34

(1 September- 30 September) 2007

By the Maoists

S.N Date of the Nature of the Incident Place of the Victim Violator incident incident 1 2007/09/01 Crossfire Dhairing, Parvat Local People Maoists 2 2007/09/02 Obstruction/ Cash seized Maan Materia, Fatik Bahadur Maoists Rupandehi Khanal 3 2007/09/14 Beating Arun Khola, Locla People Maoists Nawalparasi 4 2007/09/18 Demonstration by the Nawalparasi, Civilians Maoists army Rupandehi 5 2007/09/08 Abduction Bhairahawa, Ram Prasad YCL Rupandehi Khanal 6 2007/09/09 Forceful Devdaha, Rupandehi Local students Revolutionary students 7 2007/09/ Forcefully pressurized Motipur, Kapilvastu Asha Tharu YCL 8 2007/09/21 Crossfire Pokhara, Kaski ANNISU Akhil Revolutionary 9 2007/09/25 Attack Pokhara, Kaski Dudh Pasad Ghale Akhil Revolutionary 10 2007/09/24 Students involved in the Pokhara, Kaski Students from Akhil Revolutionary program grade 6 - 10 11 2007/09/20 Obstruction caused in the Parvat, Lamjung Maoists CA program 12 2007/09/ Threat Lahachowk, Kaski Lok Prasad Maoists Adhikari

By the State S.N Date of the Nature of the Incident Place of the incident Victim Violator incident 1 2007/09/14 Beating Myagdi Bazaar Indra Bahadur Budha Nepal Army (Bajra and Chandra Bahadur Dal Battalion) Dharti

(1 October- 31 October) 2007 By the Maoists

S.N Date of the Nature of the Incident Place of the Victim Violator incident incident 1 2007/10/01 Obstruction in newspaper Pokhara, Kaski Kantipur publication/ Reader YCL distribution 2 2007/10/04 Beating Gaidakot, UML/ Congress workers Maoists Workers Nawalparasi union Union 3 2007/10/06 Land seized Pokhara, Kaski Ramesh Bhattarai/ Durga YCL Shrestha 4 2007/10/19 House/property seized Mukundapur, Pyarajung Thapa YCL Nawalparasi 5 2007/10/25 Social Criticism Dhikur Pokhari, Ram Bahadur Sunwar YCL Kaski 6 2007/10/30 Forcefulness Malepatan, Kaski Dharmabandu Bhurtel YCL 7 2007/10/11 Land seized Jhapa Bhadrapur, Rabindra Chakrawarti Maoists Bhanutole 8 2007/10/10 Capture Nawalparasi Police group Maoists Army Hattikhor

INHURED International/Popuilation Watch 35

By the State

S.N Date of the Nature of the Incident Place of the incident Victim Violator incident 1 2007/10/23 Beating Triveni, Nawalparasi Local people Nepal Army 2 2007/10/30 Patrolling along with Arms Lamjung Besi city Nepal Army

(1 November- 30 November) 2007

By the Maoists

S.N Date of the Nature of the Incident Place of the Victim Violator incident incident 1 2007/11/04 House seized Bhairahawa, Niranjan Thapa YCL Rupandehi 2 2007/11/06 Beating Chandreshwor, Hari Bhakta Adhikari and YCL Lamjung other Leaders 3 2007/11/11 Murder Lumbini, Kapilvastu Abdul Wakil Musalman YCL 4 2007/11/12 Beating Matrahar, Bed Giri YCL Rupandehi 5 2007/11/12 Beating Matrahar-5 Krishna Lal Bhandari YCL Rupandehi 6 2007/11/12 Beating Matrahar-5 Bhagati Prasad YCL Rupandehi Chaudhary 7 2007/11/22 House Seized Sunwal, Parasi Dr. Yadav Prasad Pant YCL 8 2007/11/18 Land seized (made Gajedi-6, YCL public) Rupandehi 9 2007/11/22 Capture Butwal Rupandehi Som Gurung YCL 10 2007/11/24 Land Seized Mongolia, Chandra Prasad Revolutionary Rupandehi Chaudhary Farmers Union 11 2007 Donation Collection Tanahu, Parvat, Civilians, Businessmen, CPN Maoists Lamjung and other Workers, Tourists districts

(1 December- 31 December) 2007

By the Maoists

S.N Date of the Nature of the Incident Place of the incident Victim Violator incident 1 2007/12/05 Attack/ Beating Birethati, Kaski Jenith Steve YCL 2 2007/12/05 Attack/ Beating Forestry Resource Department, NSU students Revolutionary Kaski Students 3 2007/12/05 Beating Himchaur, Gulmi Hom Bahadur B. Maoists Ka 4 2007/12/19 Capture Manaiya, Rupandehi Ram Chandra Maoists Yadav 5 From 2007 Land Seized Dhorabadi, Nawalparasi Nil Jung Maoists Rayamajhi 6 From 2007 Land Seized Bhiuran, Nawalparasi Mahendra Jung Maoists Rayamajhi and Gyanendra Rayamajhi 7 From 2007 Donation Collection Various Districts People YCL

INHURED International/Popuilation Watch 36

Mid Western Region

(1 July- 31 July) 2007 By the Maoists

S.N Date of the Nature of the Incident Place of the Victim Violator incident incident 1 2007/07/17 Looting(62Lakh) Sahartara-9, Dolpa Temba Gurung Maoists (YarchaGumba businessman) 2 2007/07/16 House/ Land Seized Majhkada-9, Jogi Budha YCL Aapchaur, Salyan 3 2007/07/10 Abduction Jitpur, Dang Salikram Pokharel Maoists 4 2007/07/16 Destruction of property/ Purandhara VDC- Nim Bahadur B Ka Maoists Threat to kill 8, Simgaura, Danh 5 2007/07/16 House/ Land seized Majhkada-9, Jogi Budha YCL Aapchaur, Salyan 6 2007/06/22 Beating Manau VDC Chatak Chaudhary Maoists district, Bardiya 7 2007/05/21 Land seized forcefully Khajurakhurda-6, Hari Narasimha Thakali Maoists Banke 8 2007/06/14 Beating Rampur-7, Naya Narayani Pun Maoists Gaun Dang 9 2007/06/ Beating/ Displaced Kalikot Maoists 10 2007/06/ Beating Jumla Karnali Prakash Nepali Maoists Technology Sector 11 2007/07/17 Looting(18Lakh) Sahartara-9, Dolpa Dhan Bahadur Budha - Maoists YarchaGumba businessman 12 2007/07/17 Looting(12Lakh) Sahartara-9, Dolpa Kamal Budha- YarchaGumba Maoists businessman

By the state

S.N Date of the Nature of the Incident Place of the incident Victim Violator incident 1 2007/07/09 Cash looted after Khashkumsa, Banke Ghana Shyam Police threatening Chaudhary

(1 August- 31 August) 2007

By the Maoists

S.N Date of the Nature of the Place of the incident Victim Violator incident Incident 1 2007/07/09 Donation demanded Manikapur-1, Banke Manikapur VDC Office Maoists 2 2007/07/24 Beating Rukumkot VDC, Rukum Kami Pun Maoists 3 2007/08/01 Abduction and Mugma VDC -1, Rukum Manbir Khatri Maoists Beating 4 2007/08/03 Beating Sri Masha VDC's Pilang Nepal Police (number is YCL Station, Humla not unknown) 5 2007/08/04 Displaced and Bijeshwari VDC 8, Rukum Bal Bahadur Khatri Maoists threatening to kill 6 2007/08/06 Abduction and Bijeshwari-8, Rukum Ganesh KC Maoists Beating 7 2007/08/16 Attack District administration District Administration YCL and Akhil Office, Rukum Office Revolutionary

INHURED International/Popuilation Watch 37

8 2007/08/14 Beating Tribhuwan Municipality-11, Deepak Pandey, Pawan YCL Dang Yadav and Kamalkishor Ghimire 9 2007/08/15 Beating Khalanga-5 Pipalneta, Lal Bahadur Mahat Maoists Rukum 10 2007/08/15 Beating Khalanga-5 Pipalneta, Nanda Bista YCL Rukum 11 2007/08/15 Beating Khalanga-5 Pipalneta, Khadag Dangi Maoists Rukum 12 2007/08/17 Beating Tribhuwan Municipality-11, Chaman Dahal Maoists Dang 13 2007/08/23 Forcefully Cash Lalmatiya-2, Maurighat, Highway Express Fuel Maoists looted Dang Pvt. Ltd 14 2007/08/24 Beating Khalanga-9, Jajarkot Gir Bahadur Rana Maoists 15 2007/08/27 House-Property Pachawang VDC of Rolpa- Man Singh Dangi Maoists Seized 2, Sallabot 16 2007/08/30 Beating and Siuni VDC, Kalikot Tularaj Bista, Kurmaraj Maoists smearing black Shahi. Chandra Bahadur polish Shahi, Thir Bahadur Bom, Basanta Shahi, Laxima Shahi, Kamala Giri

By the State

S.N Date of the Nature of the Place of the incident Victim Violator incident Incident 1 2007/08/06 Dead during custody Birendranagar Municipality, Bhagwati Raut Surkhet 2 2007/08/08 Beating Malikathana VDC, Jumla Krishnaraj Dhamala, Nepal Police Lalit Jung Mahat, Kela Rawat and Laxmi Budha 3 2007/08/25 Attempt to Rape Nepalgunj-1, Banke 13 year old local girl Khim Bahadur DC (Inspector Nepal Police)

(1 September- 30 September) 2007

By the Maoists

S.N Date of the Nature of the Place of the incident Victim Violator incident Incident 1 2007/08/31 Abduction and Nepalgunj-13, Hira Lal Loniya Maoists Beating Adarshanagar 2 2007/09/02 Beating Jhenam, Rolpa Kul Raj Rokka 3 2007/09/03 Beating Holeri, Rolpa Bed Prasad Nepali Maoists 4 2007/09/04 Obstruction in Holeri, Rolpa Nepali Congress Maoists Program Party Office, Holeri 5 2007/09/04 Property Seized Pachawang, Rolpa Man Singh Dangi Maoists 6 2007/09/09 Looting Tari Gaun , Dang Top Bahadur Maoists Bhandari 7 2007/09/17 District Janaparishad Dhorahi Municipality Maoists Declared 8 2007/09/18 Arms Demonstration Nepalgunj Airport Rajesh Pariyar (Dinesh) and Man Bahadur Bohara (Suresh)

INHURED International/Popuilation Watch 38

9 2007/09/18 Obstruction in Kavra, Kushinde, District Election Maoists election education Nigalchula, Dhangadi, Office, Salyan program Damachaur, Tharmare VDC, Salyan 10 2007/09/23 Administration Office District Administration District Maoists People's Army 6th surrounded office , Surkhet Administration division Office, Surkhet

By the State

S.N Date of the Nature of the Place of the Victim Violator incident Incident incident 1 2007/09/17 Use of power Nepalgunj Keshav Bali, Bir Bhadur Nepal Police and Municipality Budha and Kul Man Armed Police Chaudhary, Ram Bahadur Bali, Kajal Thakur, Nijabuddin Behana and Raghuraj Singh 2 2007/09/26 Laathi Charge Kohlpur Chauraha, Bahadur Thapa (President), Nepal Police and Banke Independent Nepal Road Armed Police Workers united Union , Banke 3 2007/09/21 Use of Power Tulsipur Municipality 12 demonstrators – name Nepal Police unknown

(1 October- 31 October) 2007

By the Maoists

S.N Date of the Nature of the Place of the Victim Violator incident Incident incident 1 2007/10/09 Abduction Ranghsau VDC-6, Chakra Bhadur Budha Maoists Rukum 2 2007/10/09 Abduction Ranghsau VDC-7, Mohan Bhakta Budha Maoists rukum 3 2007/10/10 Abduction Kotjahari-5, Rukum Sashi ram Budha Maoists 4 2007/10/15 Abduction Rajpur-1, Dang Pancha Ram Yadav Maoists 5 2007/10/24 Beating Dhaulagoha-8, Daan Bahadur Budha, Dan Bahadur Maoists and Kalikot Budha, Mankala Budha, Mani Budha, YCL Dhir Bahadur Budha, Gorakh Budha, Maina Budha, Prakash Budha, Manrup Budha, Mansur Budha, Panki Budha, Shankar Budha, Bela Budha, Nirmala Budha 6 2007/10/25 Abduction Rajpur-6, Dang Bhagiram Chaudhary, Parsu Narayan Maoists Chaudhary, Megh Chaudhary, Narayan Chaudhary and Baburam Chaudhary 7 2007/10/25 Beating and Siuna-4, Kalikot Satya Bahadur Shahi Maoists smearing of black polish 8 2007/10/25 Prohibition in Siuna-4, Kalikot Gorakh Bahadur Shahi Maoists entering village 9 2007/10/25 Arms demonstration Siuna-4, Kalikot The whole village Maoists 10 2007/10/26 Abduction Khola Gaun-7, Bishnu Khatri Maoists Rukum 11 2007/10/19 Threat to kill Tiram VDC, Tul Bhadur Rokka Maoists INHURED International/Popuilation Watch 39

Pyuthan 12 2007/10/25 Abduction Nuwakot VDC-3, Khadag Bahadur Chand Maoists Rukum

(1 November- 30 November) 2007

By the Maoists

S.N Date of the Nature of the Place of the incident Victim Violator incident Incident 1 2007/10/31 Abduction Bhamke-4, Dang Prakash Acharya and Nirmal Maoists Acharya 2 2007/11/02 Abduction Khola Gaun VDC, Rukum Sashi Ram Bista and YCL Khadag B. Khadka 3 2007/11/03 Displaced Pakha VDC-1, Kalikot Hansa Bahadur Malla YCL 4 2007/11/03 Displaced Pakha VDC-1, Kalikot Lal Bahadur Malla YCL 5 2007/11/03 Displaced Pakha VDC-1, Kalikot Purna Bahadur Malla YCL 6 2007/11/03 Displaced Pakha VDC-1, Kalikot Dil Bahadur Malla YCL 7 2007/11/08 Beating Punma VDC-9, Jajarkot Madhukar Badi Maoists 8 2007/11/15 Looting Nauvasta-1, Banke Khadag Singh Tharu Maoists 9 2007/11/19 Looting Dodhari-1, Bardiya Sushila Sharma Maoists 10 2007/11/20 Forceful Donation Mohammadpur VDC-1, Sundar Kurmi and Kadir Maoists Bardiya Sekh 11 2007/11/20 Forceful Donation Mohammadpur-6, Bardiya Samshuddin Sekh Maoists 12 2007/11/20 Forceful Donation Mohammadpur-6, Bardiya Rashid Ahmed Sekh Maoists 13 2007/11/21 Forceful Donation Mohammadpur-6, Bardiya Narshuddin Sekh Maoists 14 2007/11/21 Forceful Donation Mohammadpur-6, Bardiya Sabhuddin Sekh Maoists 15 2007/11/21 Forceful Donation Mohammadpur-6, Bardiya Banne Kha Maoists 16 2007/11/21 Labor Prisoner Pakla-9, Pyuthan Rem Bahadur Rana Maoists 17 2007/11/21 Labor Prisoner Pakla-9, Pyuthan Dev Rana Maoists 18 2007/11/21 Labor Prisoner Pakla-9, Pyuthan Khim Bahadur Rana Maoists 19 2007/11/21 Labor Prisoner Pakla-9, Pyuthan Bom Bahadur Rana Maoists 20 2007/11/22 Forceful Donation Mohammadpur-6, Bardiya Shahdutt Ali Abdul Rahima Maoists 21 2007/11/23 Forceful Donation Padnaha-2, Bardiya Chandra Uprety Maoists 22 2007/11/24 Beating Ram Bazaar, Salyan Purushottam Bhattarai YCL 23 2007/11/26 Forceful Donation Kohlpur-3, Banke Yaman Narayan Dhital Maoists 24 2007/11/26 Forceful Donation Kohlpur-3, Banke Surendra Dhital Maoists 25 2007/11/26 Looting Narainapur, Banke Rama Nanda Sharma YCL

By the State

S.N Date of the Nature of the Place of the incident Victim Violator incident Incident 1 2007/11/14 Beating Tatopani VDC, Jumla Bhakta Bahadur Nepal Army Hamal 2 2007/11/14 Beating Tatopani VDC, Jumla Bal Raj Shahi Nepal Army

INHURED International/Popuilation Watch 40

(1 December- 31 December) 2007

By the Maoists

S.N Date of the Nature of the Place of the incident Victim Violator incident Incident 1 2007/12/08 Seizure Manpur, Dang Yam Narayan Dhital Maoists 2 2007/12/08 Seizure Manpur, Dang Surendra Dhital Maoists 3 2007/12/08 Seizure Manpur, Dang Resham Raj Dhital Maoists 4 2007/12/08 Seizure Manpur, Dang Indrawati Lamicchane Maoists 5 2007/12/11 Donation Collection Bharta, Kalikot Brish Kathayat Maoists 6 2007/12/11 Donation Collection Bharta, Kalikot Jaya Hari Acharya Maoists 7 2007/12/11 Donation Collection Bharta, Kalikot Shiva Lal Tiwari Maoists 8 2007/12/11 Donation Collection Bharta, Kalikot Jaya Krishna Neupane Maoists 9 2007/12/11 Donation Collection Bharta, Kalikot Bhairab Kathayat Maoists 10 2007/12/11 Donation Collection Bharta, Kalikot Indra Thapa Maoists 11 2007/12/11 Donation Collection Bharta, Kalikot Krishna Shahi Maoists 12 2007/12/11 Donation Collection Bharta, Kalikot Khagendra Bahadur Shahi Maoists 13 2007/12/18 Beating Khalanga-1, Rukum Khadak Bastrakar Maoists 14 2007/12/20 Donation Demand Gulariya Municipality-13, Newa Lal Kurmi Maoists Bardiya 15 2007/12/20 Donation Demand Gulariya Municipality-13, Madan Man Chitrakar 50 Maoists Bardiya 16 2007/12/23 Beating Bhagwati Prastawit H.S. Teacher- Hari Chandra Basnet YCL Jajarkot 17 2007/12/23 Beating Bhagwati Prastawit H.S. Teacher- Mahendra Basnet YCL Jajarkot 18 2007/12/23 Beating Bhagwati Prastawit H.S. Teacher- Navaraj Bhandari YCL Jajarkot 19 2007/12/23 Beating Bhagwati Prastawit H.S. Teacher- Parshuram Giri YCL Jajarkot 20 2007/12/23 Beating Bhagwati Prastawit H.S. Student- Bishwa Basnet YCL Jajarkot 21 2007/12/29 Beating Liwang, Rolpa Referee Kishor Acharya Maoists

By the State

S.N Date of the Nature of the Place of the incident Victim Violator incident Incident 1 2007/12/27 Beating Birendranagar Municipality Yam Lal Bhandari. Nepal Police Pipira, Surkhet Jayarayal Baksh. Israel Baksh

INHURED International/Popuilation Watch 41

Far Western Region

(1 July- 31 July) 2007

By the Maoists

S.N Date of the Nature of the Place of the Victim Violator incident Incident incident 1. 2007/06/30 Threat to kill Dahakot-3, Bajura Naresh Rokaya Maoists 2. 2007/06/30 Beating Dahakot-3, Bajura Jaya Bahadur Maoists Bhandari 3. 2007/06/30 Intense Beating Jaganath, Bajura Yam Lal Bista Maoists 4. 2007/07/05 Abduction Mahendranagar-1, Prakash Thakuri The YCL is blamed for this Kanchanpur but they refuse the blame 5. 2007/07/10 Beating Daiji-6, Kanchanpur Ram Prasad Rana Maoists 6. 2007/07/16 Rs. 49 Tikapur, Kailali Tikapur Municipality YCL Thousand taken 7. 2007/07/15 Beating Tikapur, Kailali Bijaya Shah and YCL Tapendra Kunwar 8. 2007/07/21 Brutal Attack Dasahrath Chand, Chatur Bahadur YCL Baitadi Chand 9. 2007/07/13 Beating Beladevipur, Kailali Ishwari Rana Maoists 10. 2007/07/11 Beating Malladehi-3, Baitadi Garji Sarki YCL 11. 2007/07/29 Abducted and Santosh Bista Maoists taken to cantonment 12. 2007/02/24 Beating Shreepur VDC Surendra Giri, Maoists Kanchanpur Lahanu Chaudhary

By the State

S.N Date of the incident Nature of the Incident Place of the incident Victim Violator 1. 2007/05/23 Threat from Armed Pipaladi-9, Kanchanpur Madan Raj Bhatta Armed Police Police 2. 2007/07/06 Attempt of Rape by the Shreepur VDC-4, - Nepal Police Police Kanchanpur

(1 August-31 August) 2007

By the Maoists

S.N Date of the incident Nature of the Incident Place of the Victim Violator incident 1. 2007/08/30 Beating Bhairabsthan Ratiram Budha Bhajan Singh VDC, Accham Budha, Narath Budha - YCL 2. 2007/08/07 Two - check posts Northern Border, Civilians YCL Kauda-7, Bajhang 3. 2007/08/06 Beating Puchurki Haat, Shiva Dutta Joshi Maoists Baitadi 4. 2007/08/09 Beating Dekhatbhuli Amar Singh Rana YCL VDC-9, Kanchanpur

INHURED International/Popuilation Watch 42

5. 2007/08/09 Beating Dekhatbhuli Daya Ram Rana YCL VDC-9, Kanchanpur 6. 2007/08/09 Beating Dekhatbhuli Sonu Chaudhary YCL VDC-9, Kanchanpur 7. 2007/08/09 Beating Krishnapur VDC- Karan Singh Ayar YCL 2, Kanchanpur 8. 2007/08/15 Beating Matardi, Bajura Chakra Raj Joshi and YCL Narendra Rokaya 9. 2007/08/16 Loot Shikharpur-2, Passenger of the bus Maoists Army Aalugaura, (Shaktikhor Baitadi Chitwan)

By the State

S.N Date of the incident Nature of the Incident Place of the Victim Violator incident 1. 2007/08/19 Beating and Threat Mahendranagar, Harish Rokaya Armed Police Kanchanpur Force

(1 September- 30 September) 2007

By the Maoists

S.N Date of the incident Nature of the Incident Place of the incident Victim Violator 1. 2007/09/03 Beating Baisebichawa, Kanchanpur Bhim Bahadur YCL Malla 2. 2007/09/06 Loot Malakheti-2, Kailali Keshar Chaudhary YCL and Lal Bahadur Khatri 3. 2007/09/10 Beating Mahendranagar-8, Min Bahadur Singh YCL Kanchanpur 4. 2007/09/09 Beating/ Threat to kill Durgasthan-2, Baitadi Devlal Pandey Maoists 5. 2007/09/11 School Padlocked Chatara VDC, Bajura Students Maoists 6. 2007/09/13 Beating along with Kuwakot, Baitadi Laxman Kunwar YCL crossfire and Dambar Kunwar 7. 2007/08/14 Capture Mahendranagar-17, Ananta Giri YCL Kanchanpur 8. 2007/09/15 Capture Haat VDC, Baitadi Narendra Bom YCL along with 8 other people 9. 2007/08/25 Donation Collection Bajura Officers in the Maoists districts 10. 2007/08/30 Election Office Mahendranagar, Office of Election Maoists surrounded Kanchanpur Committee

(1 October- 31 October) 2007

By the Maoists

S.N Date of the Nature of the Incident Place of the incident Victim Violator incident 1. 2007/09/30 Beating District Administration Office, Sub Inspector YCL Darchula Lokendra Singh

INHURED International/Popuilation Watch 43

Karki 2. 2007/10/03 Abduction District Office Dodhara-1, Pushpa Gurung YCL Chakki Bazaar 3. 2007/10/24 Torture Bhumiraj-5, Baitadi - Maoists

By the State

S.N Date of the Nature of the Incident Place of the Victim Violator incident incident 1. 2007/10/19 Threat/ Scolding Jhalari ( no. 7 Arun Prasad Bhatta Area Police Jhalari Ward) Station, Jhalari

(1 November- 30 November) 2007

By the Maoists

S.N Date of the incident Nature of the Incident Place of the incident Victim Violator 1. 2007/10/29 Attempt to Abduct Dhangadi-5, Kailali Bahadur Khatri YCL 2. 2007/10/30 Arms exhibition Krishnapur-6, Civilians YCL Kanchanpur 3. 2007/11/09 Arms exhibition/ Threat Krishnapur-6, Naru Devi Malla Maoists Kanchanpur 4. 2007/11/10 Police Station attacked Police Station, Doti Police Station Maoists 5. 2007/11/15 Abduction Udayadev-5, Baitadi Hikmat Singh Mahata Maoists 6. 2007/11/17 Threat to seize property Bhatana-1, Baitadi Gautam Prasad Maoists Bhatta

By the State

S.N Date of the incident Nature of the Incident Place of the Victim Violator incident 1. 2007/11/25 Attempt to Rape Belapur, Dadeldhura Laxmi Bohara Constable Nandaraj Badu

(1 December- 31 December) 2007

By the Maoists

S.N Date of the Nature of the Place of the incident Victim Violator incident Incident 1. 2007/11/11 Forceful donation Tribhuwanbasti-8, Shree Punarwass Higher Maoists 2007/11/27 collection Kanchanpur Secondary along with other schools 2. 2007/10/12 Abduction and threat Patt Dewal-5, Bajhang Tribhuwan Khadka Maoists 3. 2062 onwards Government building Irrigation Office, Irrigation Office Maoists seized Bajhang 4. 2007/12/12 Abduction Durgasthan Bazaar, Bir Bahadur Gadal, Shyam YCL Baitadi Bahadur Chand and Mohanlal 5. 2007/12/21 Police Station Khandeshwori VDC, Police Station Maoists attacked Darchula

By the State

S.N Date of the Nature of the Incident Place of the incident Victim Violator incident 1. 2058 onwards Land seized Hemanta Ward-1, 113 acres Nepal Army Bajhang

INHURED International/Popuilation Watch 44

Index -2

Major Some Fact-finding Report

Terai Monitoring: Summary Report

Background

The eastern and some parts of southern terai in Nepal are witnessing serious human rights violations, organized violence and crimes. The unrest in terai has resulted in massive encroachment in the volatile peace process. The Comprehensive Peace Accord has been severely undermined with old and new-armed groups turning blind eyes towards the observance of human rights and humanitarian law.

We strongly believe that it is urgent to adequately tackle the ethnic unrest and other criminal activities gripping the southern plains of Terai before holding crucial Constituent Assembly polls in April that would decide the nation's political destiny.

Since the Maoist rebels and mainstream parties signed a peace deal in November 2006, more than a dozen armed ethnic groups have emerged in the southern Terai region and at least 150 people have died in the unrest. While Madhesis make up nearly half of Nepal's 25 million populations, Madhesis are traditionally marginalized and the government has not addressed their concerns properly.

Since terai now is the hotbed of renewed conflcit even after the signing of the CPA, it Gathering information with an elderly women, a victim is vital to explore immediate measures to injured by the Armed Police in Sunsari. ensure a conducive atmosphere for inclusion leading to the CA polls. There are urgent measures that need to be taken to improve the security situation. Despite the deployment of special security forces in eight districts of Terai, the situation there has not improved.

In this context, INHURED International/Population Watch decided to send a fact-finding mission to document first hand accounts of the situation. The mission was part of the CPA monitoring efforts in the high voltage conflict zones in the region. The team visited the area from 28, December 2007 till 2 January 2008.

INHURED International/Popuilation Watch 45

Concerned Stake Holders met by the Fact finding team

• Political parties and its members • Main district Officer • District police personnel • Representative of the National Human Rights Commission • Local human rights workers and the representative of the civil society • Media people • Learned people • Victims

Districts Visited

Sunsari Morang

Saptari Siraha

Dhanusha Sarlahi

Rautahat Bara

Parsa

Objectives of the Visit Collecting facts about the present situation of the Terai from local people. • Fact-Finding on the Incidences Relating to Human Rights Violation in the Context of CPA Non- Compliance (by state, rebels & others) due to the increase of the murder, abduction, extortion and the increase in fear in the Terai region

• Assessment in the current political situation and the compliance of Comprehensive Peace Agreement

• Assessment with different Stakeholders and the local people concerning the demands of the Terai people.

• Monitoring and Auditing of the magnitude of the affected districts and VDCs.

• Discussion with several political parties, civil society members and the learned people regarding the demands in the context of Terai.

• Prepare a report after the monitoring of the incident in order to advocate towards the rights of the victims, in the national and the international level.

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Methods Used

• Field Supervision of the affected areas

• Discussion with the political parties, policemen and the civil society members

• Dialogue with the local human rights workers

• Interview with the victims and their families

Team Members

• B. P. Adhikari Advocacy Director, INHURED/PopWatch, Kathmandu.

• Sunaina Sharma Research Fellow, INHURED/PopWatch, Kathmandu

• Mahendra Prasad Mehata Representative, INHURED/PopWatch, Eastern Terai

• Sabita Dhungana Representative, INHURED/PopWatch, Eastern region

• Chudamani Aapagain Representative, INHURED/PopWatch Eastern region

• Jitendra Yadav Representative, INHURED/PopWatch, Bara, Parsa

• Tika Ghimire, Representative, INHURED/PopWatch, Rautahat/Sarlahi

Conclusion of the Monitoring

• Both the parties have not obeyed the CPA • Local people are not aware about the Peace Agreement • Most of the people have heard about the CPA but are un aware about its contents • Fear has aroused among the people due to the rise in the number of armed groups in the name of Free Terai • The Terai people seem to be very aggressive towards the state due to the differentiation • The administration is very corrupted • There is no presence of the state in the affected areas. • The rise in the inspection by the police in the homes have made the people aggressive and though the state has provided security in the affected areas, the situation does not seem to be under control • Political activities in the name of Madhesi freedom ahs increased • There has been tremendous rise in the violation of Human Rights

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Suggestion/Recommendations

To Nepal Government

• Initiate constructive and decisive dialogue and address their appropriate demands in Terai

• Carry out programs to end the various kinds of discrimination in Terai

• Conduct programs to raise awareness about the CPA as people in the Teria region seem to be unaware about the existing laws and to inform the people about the CA.

• Ensure a non-discriminatory and conducive environment for education, health, employment and other sectors.

• Aware people for the political awareness by carrying out awareness programs.

To Rebellion Groups

• Activities carried out in the name of ‘Free Madesh’ by the rebellion groups in the Terai region has to be put to an end as it has increased the fear among the people due to the rise in inhumane physical and mental torture. • Rebellion groups have violated human rights and the law as they never undertook not to violate the human rights and the law. Therefore the rebellions should undertake the human rights and the law seriously and respect it and also carry out in practice. • It has been known from the past events that immense power can be achieved from the people’s unity than that acquired from the weapons. Thus, the rebellion groups have to solve the problem according to the wish of the people than by taking up arms.

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Pyuthan Monitoring Summary Report

The representatives from the Central Office of Population Watch along with monitors from the regional and district office of the organizations went to the incident site in Pyuthan district to monitor the situation of the people kept in the 'Labor Camp' by the Maoists. The fact-finding mission was dispatched on December 22, 2007 after receiving information from reliable sources about the incident. It was also necessary to send the mission from Kathmandu since the Maoists did not cooperate with our local representatives in the fact-finding process.

The representatives comprised of the following:

• Shree Krishna Subedi- Executive Director, PopWatch • Jaganath Pokharel- Advocate, Human Rights Activist • Rudra Phuyal- Coordinator- Mid-Western, PopWatch • Meera Sharma- District representative Pyuthan, PopWatch

To understand the dynamics of the situation in depth, the representatives carried out series of dialogues among the Maoists district In-charge, district secretary, other members of the Maoists outfit, local and district- based human rights workers, political party leaders and the victim's family.

Team's Findings

The Maoists 'People's Court' had charged seven people of four different VDCs of Pyuthan for committing 'crimes' prior to the CPA. However, it was learned that some two months ago, two of the 'prisoners' were able to escape from the Camp, thus only five are under the Maoists captivity still now. Among the people under captivity, some were charged for committing crimes whereas others were charged for being informants. The fact-finding mission discovered that four of the captives were charged for committing murder and rape although the team was denied its access to instantly see the victims. The Maoists district In-charge confessed Gathering information from concerned parties before the monitoring team that they only have five about the labor camp. people as their 'prisoners'. The Maoist local leadership told the monitoring team that all the 'prisoners' were being treated well. According to the Maoists, the 'prisoners' were kept in an open jail in Thakleni of Tiram VDC where they are allowed to do farming (olericulture, poultry farming and fishery) and were also permitted to go home during festivals. However, according to the monitoring team's assessment, not all the information furnished by the Maoist was true. The team independently verified that the victims' freedom of movement outside the camp was restricted throughout these years.

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Victims of Illegal 'Imprisonment'

1. Rem Bahadur Rana 2. Dev Bahadur Rana 3. Khim Bahadur 4. Bom Bahadur Rana 5. Dan Bhadur Chhetri

The monitoring team urged the Maoists that the victims under their custody should be freed unconditionally. However, the Maoists put forward their conditions that the prisoners should be rearrested after their release and their term for imprisonment should deducted by legalizing the sentence of the "Peoples' Court".

In other words, the Maoists claimed that the prisoners would be freed only through a high level political agreement. They went on saying that if the prisoners are freed after political negotiation, then the rule of law will be in jeopardy.

During the mission, the monitoring team also revealed that the Maoists of Pyuthan had not only captivated people but also have seized lands possessed by individual and a trust as following:

• 100 acres of land of Swargaduari Ashram (Trust) • House and land of Jagat G.C • House and land of Man Bahadur K.C

Note: The place where the 'prisoners' are kept is also occupied by the Maoists but the name of the owner was not disclosed.

After the monitoring of the situation, the team held a dialogue with district Maoist leadership of Pyuthan and urged them to immediately release the victims and respect the provision of the Comprehensive Peace Agreement. The team also urged the Maoist to return the seized houses and lands to the original owners without further delay.

Note: The detention of civilians in the Maoist-run "Labor Camp" is in total violation of the clause 5.2.2 and 5.2.7 of the Comprehensive Peace Agreement. Similarly, the seizure of the land is in non-compliance with the clause 5.1.8 of the same accord.

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Index -3

Published in Print Media

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Index -4

(A)

Full text of the Comprehensive Peace Agreement held between Government of Nepal and Communist Party of Nepal (Maoist)

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.

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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.

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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 shall make all the necessary arrangements including ration needed for the Maoist combatants after placing them within the Cantonments.

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-

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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.

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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 to the United Nations, International Donors Agencies and Diplomatic Missions based in Nepal, National and International Non-Government Organisations, Press, Human Rights Activists, Election Observers and foreign tourists.

5.2.13. Both sides are committed to operating publicity programs in a decent and respectable manner.

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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. INHURED International/Popuilation Watch 63

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

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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 as mentioned in the five-point letter send to the UN earlier and in the present agreement.

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.

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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 and establishing lasting peace through the election of the Constituent Assembly by ending the armed conflict.

10.8. We heartily 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 lasting peace.

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 Government of of Nepal (Maoist) Nepal

Signed on November 21, 2006

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(B)

23-POINT AGREEMENT BETWEEN THE SEVEN PARTIES

A meeting of the top leaders of the seven parties was held today, on Sunday, 23 December 2007 (2064 Push 8) at the Prime Minister’s residence in Baluwatar. Although parties had differing views on various matters during the lengthy discussion amongst the parties themselves; we, the top leaders of seven political parties, have come to a consensus and made decisions; by keeping the national commitment of holding the election of the Constituent Assembly by mid-April 2008 (before the end of 2064 B.S.) at the centre; as follows: 1. Make amendment to Subtitle and Sections (1), (2), (3),(3a) and (3b) of Article 159 of the Constitution as follows:- a) Nepal shall be a Federal Democratic Republican State. b) The implementation of the republic shall be carried out by the first meeting of the Constituent Assembly. Provided that, a majority of at least two-thirds of the total number of the existing members of the Legislature-Parliament may, by passing a resolution, implement the republic, if it concludes that the king poses serious obstacles to the elections to the Constituent Assembly. The Council of Ministers shall make the decision to submit such a proposal and the Council of Ministers shall present the proposal to the interim legislature-parliament. c) No power regarding the governance of the country shall be vested in the king. d) The Prime Minister shall perform all works pertaining to the governance and operation of the country. e) The Prime Minister shall perform all works to be performed by the Head of the State till implementation of the Republic is carried out. 2. Make adjustment by amending related articles of the Interim Constitution so as to maintain the existing 240 constituencies under the first-past-the-post electoral system and make provisions for 335 members, instead of existing 240 members to be elected through the proportional electoral system; and to allow the Council of Ministers to nominate 26, instead of existing 17 persons, based on consensus. Make amendments in such a manner that indigenous/ nationalities failing to make representation through election are included in 26 persons to be nominated. 3. Incorporate necessary provision in the Constitution for the appointment of a Secretary General of the Legislature-Parliament. 4. Make adjustments by making necessary amendments in the Constitution keeping in mind that Nepali Congress and Nepali Congress (Democratic) have united to form Nepali Congress. 5. Incorporate necessary provisions in the Constitution by amending it relating to the appointment of members to the Legislature-Parliament, in lieu of the members who are deceased, those who tendered resignation and those who were expelled. 6. The government shall, on the basis of consensus, constitute following commissions and committees within a period of one month: a) Investigation Commission on disappeared Persons b) Truth and Reconciliation Commission c) State Restructuring Commission d) Study and Recommendation Commission relating to Scientific Land Reform e) High Level Committee for monitoring the effective implementation of the Comprehensive Peace Accord and other agreements concluded thereafter f) A High Level Peace Commission shall be established in accordance with the Comprehensive Peace Accord. The Peace Ministry shall function in coordination with this Commission. 7. Create mechanisms at local bodies, on the basis of consensus. The decision to this effect shall be made by the Coordination Committee comprising of top leaders.

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8. Provide relief to the families of those who were killed during the armed conflict by mid February, 2008 (end of Magh) in accordance with the Comprehensive Peace Accord. In case of disappeared persons, relief shall be provided on the basis of the report of the Investigation Commission. The Investigation Commission shall be required to submit the preliminary report within a period of one month of the commencement of its work. 9. Return the private and public buildings and lands occupied so far by the Maoists during the course of armed conflict to the concerned individuals and agencies within a period of one month. Establish a mechanism at the district level under the chairpersonship of the Chief District Officer to for the implementation of this understanding at the district level. Make dignified rehabilitation of the displaced persons at their own house/land. 10. Request National Human Rights Commission for the monitoring of Sections 8 and 9. 11. Make payments in an instalment basis of the due amount owed to the verified combatants of the Maoist Army to be provided as per the agreement by mid February (end of Magh) and the allowances thereafter, be provided on a monthly basis. Make arrangements for immediate return of those who are disqualified in the verification after paying them the due amount as per the understanding. 12. Proceed the task ahead for the adjustment of the verified combatants of the Maoists Army after having discussion by the Special Committee constituted by the Council of Minister. 13. Constitute commissions that were provisioned in Article 154 of the Interim Constitution but not yet constituted within a period of one month. 14. Release all the Maoists prisoners currently in different jails in Nepal who were detained during the armed conflict under different charges by 14 January (end of Push) and withdraw the remaining cases filed against the Maoists leaders and cadres. Likewise, make efforts at the diplomatic level for the release of Nepali Maoists prisoners detained during the armed conflict in foreign prisons. Withdraw all the cases filed in the past on political ground against political parties and politicians. 15. There shall be a Coordination Committee comprising of the top leaders to hold the Constituent Assembly election; for the formation of a new constitution incorporating the principles of federal republican state and multi-party democratic system; and to facilitate and coordinate the well functioning of the interim government. The convenor of the Committee shall be designated on a rotational basis. The Committee shall determine its working procedures on its own. 16. The Interim Government shall accord top priority for an effective law and order situation in the country, easy and accessible supply of daily needs of the people, good governance, control of corruption, and holding constituent assembly election in a free and fair manner. 17. Any political party or organisation affiliated thereto shall not engage in activities that will disrupt or have an adverse effect on the forthcoming Constituent Assembly election. Any worker of any political party or organisation affiliated thereto shall immediately refrain from activities like use of force; use and display of arms/weapons; collecting tax by setting up toll gates or camps; forcible collection of money including donation and taxes from tourists, teachers, government employees, entrepreneurs, businessmen, or any other persons; and acts including physical violence, abduction and forcible takeover of properties.

18. Any political party or cadres affiliated thereto shall not be prohibited or stopped in any way including fear, threat or intimidation to carry out their political activities and campaigns without fear in a peaceful manner. 19. It is hereby committed by all the concerned parties to fully implement and comply with all the matters stated in the Comprehensive Peace Accord. 20. Take initiative by the Government of Nepal to muster international support for immediate implementation of its financial liabilities related to reconstruction, reestablishment, rehabilitation, resettlement and reparation of the conflict victims. 21. Collectively hold public meetings by all seven parties in seven different places of the country to make joint appeal to the people for their participation in the Constituent Assembly election.

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22. With the signing of this agreement, the Communist Party of Nepal (Maoist) will join the government with immediate effect. 23. The first and foremost agenda for all of us is to hold the election for the Constituent Assembly. The meeting of the seven parties has already decided to hold the election by mid-April (end of 2064 Chaitra B.S.), the date for which is to be decided by the Government of Nepal. To conduct the election in a free, fair, and fearless atmosphere, we heartily appeal to all brothers and sisters including political parties, entire civil society, professionals and entrepreneurs. 1. Acting President of Nepali Congress Mr. Sushil Koirala (signed) 2. General Secretary of the Communist Party of Nepal (UML) Mr. Madhav Nepal (signed) 3. Chairman of the Communist Party of Nepal (Maoist) Mr. Prachanda (signed) 4. President of People’s Front, Nepal Mr. Amik Sherchan (signed) 5. President of Nepal Workers and Peasants Party Mr. Narayan Man Bijukchhe (signed). 6. On behalf of Nepal Sadhvawana Party (Anandidevi) General Secretary Mr. Shyamsunder Gupta (signed) 7. President of Samyukta Bammorcha (United Leftist Front) Mr. C.P. Mainali (signed)

Done in Kathmandu on the 23rd day of December 2007 (8Push, 2064).

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Index – 6

Name list of Monitors

S.No Name Development Region Designation 1 Sanju Ghimire Central Development Region Regional Representative 2 Narayan Prasad Adhikari " " 3 Radhika Dahal " District Representative 4 Subhadra Byenjankar " " 5 Sukra Raj Pyakurel " " 6 Mahan Shrestha " " 7 Tika Ghimire " " 8 Jitendra Yadav " " 9 Savita Dhungana Eastern Development Region Regional Representative 10 Chudamani Apagain " " 11 Krishna Prasad Bhattarai " District Representative 12 Baby Ghimire " " 13 Srijana Uprety " " 14 Rita Adhikari " " 15 Dambar Kumari Neupane " " 16 Khagendra Khatiwada " " 17 Bal Krishna Basnet Western Development Region Regional Representative 18 Shyam Basnet " " 19 Sulav Giri " District Representative 20 Dambar Bahadur Gurung " " 21 Hari Prasad Lamsal " " 22 Deepak Adhikari " " 23 Chandra Mani Adhikari " " 24 Bel Kumari Gurung " " 25 Rudra Phuyal Mid- Western Development Region Regional Representative 26 Kiran Dhakal " " 27 Pramod Rijal " District Representative 28 Sharada Chapagain " " 29 Kamal Khatri " " 30 Sheela Sharma " " 31 Meera Sharma " " 32 Hari Pal K C " " 33 Abhay Raj Joshi Far- Western Development Region Regional Representative 34 Bir Bahadur Bista " District Representative 35 Upendra Jora " " 36 Romawati Rana " " 37 Padam Raj Bhatta " " 38 Harak Singh Dhami " " 39 Kamala Badu " " 40 Suresh Bahadur Dhami " "

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Reference

1. Comprehensive Peace Agreement, 2007, Peace Committee. Peace Secretariat, Singhadurbar 2. Agreement between Seven Political Parties and CPN (Maoists) in 2006/11/23 3. The agreement signed by Krishna Prasad Sitaula from the Nepal Government side and Krishna Bahadur Mahara from the Maoists side. 4. The eight point agreement between the Nepal Government and Maoists leaders in 2006/06/16 5. The five point agreement paper sent to the United Nations – Kofi Anan signed by the Prime Minister Girija Prasad Koirala from the Nepal Government side and Prachanda from the Maoists side 6. The meeting held between the seven political parties and the Maoists on 2006/11/08 7. Agreement held between the seven political parties on 2007/12/23 8. Comprehensive Peace Agreement – One year completion: Situation of Human Rights Report, 2007, National Human Rights Commission, Lalitpur 9. Various publications and articles in the papers !0. Agreeement on Monitoring the Management of Arms and Armies, 28th November 2006

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Organization Profile

INHURED INTERNATIONAL [International Institute for Human Rights, Environment and Development]

Official Partner Population Watch ______

Establishment INHURED International, the first Nepali organization to enjoy Special Consultative Status with the Economic and Social Council of the United Nations, has been functioning as a front-runner human rights movement with a non-governmental, non-partisan and non-profit making independent approach. INHURED International's vibrant history goes back to the ceaseless campaign for the restoration of multi-party system in 1990. INHURED International courageously fought against tyrannical panchayat system; atrocities committed by both the state and insurgents during the internal armed conflict followed by dictatorial royal regime. INHURED International shares its constituency with Population Watch- a leading organization working in the field of safe, humane and orderly population movement.

Mission and Vision INHURED International upholds the human rights doctrines adopted by the United Nations. It embraces universality, indivisibility and interdependence of human rights and strives for effective realization of international instruments at domestic level. The primary focus of the organization is to advocate on behalf of vulnerable population such as women, children, indigenous people, dalit and other marginalized section of the society. Similarly, protection of refugees and internally displaced persons (IDPs) is one of the key areas concern.

Courage with conscience is vital for effective intervention in the high voltage armed conflict. INHURED International's team demonstrated that valor and conviction for the steadfast opposition to the atrocious royal regime in February 2005 and also massive breach of international human rights and humanitarian law during the decade-long armed conflict. INHURED International played a key role to generate international solidarity in defense of human rights and democratic struggle in the country during these exceptionally difficult hours. Currently, it is championing the most challenging cause of transitional justice and compliance audit of the Comprehensive Peace Agreement. INHURED International believes in zero tolerance to impunity.

Benchmarks for Intervention Democratic Development: Exercising universal suffrage, freedom of elections and institutional development Transitional Justice and Peace: Ending impunity through institutionalization of accountability and reconciliation initiative Human Rights and Rule of Law: Enhancing fundamental rights and freedom with "All Human Rights for All" approach Social Inclusion: Ending discrimination and securing equality through equal access and opportunity to the vulnerable and marginalized population Human Security: Overcoming challenges of globalization, adverse effects of the policies of international financial institutions and management of migration

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Officials' Composition: Lawyers, youths, gender experts, peace educators, anthropologists, educators, human rights defenders, researchers Geographical Coverage: Global advocacy through UN human rights protection mechanisms: Special focus on South Asia region with regular programs in Nepal Major Objectives: Advancement of human rights, transitional justice, universal suffrage and freedom of elections, democratic development, just peace, accountability and good governance Guiding Principle: International Solidarity for Human Rights and Human Dignity Modes Operandi: Research, education, training, civic diplomacy, fact-finding, documentation, dissemination of information, publication, litigation and legal assistance

Internship and Fellowship: Special internship and fellowship programs have been designed for national and international university students and scholars on human rights, transitional justice, peace audit, women and children and forced migration. In the past, it has supervised interns and fellows from the University of Cincinnati School of Law, Harvard Law School, Ministry of External Affairs and International Trade (Canada) Human Rights Internet, Canada. Short-term fellowship has also been arranged for students from Nepal, Brazil, United Kingdom, India, France and several others.

Affiliation/Working Relationships: UN Centre for Human Rights; UNESCO; UNICEF, UNHCR; UNHCHR; Amnesty International; Human Rights Internet; The Hague Appeal for Peace; Women's International League for Peace and Freedom; South Asia Forum for Human Rights (SAFHR); South Asia Human Rights Documentation Centre (SAHRDC), International Organization for Migration, Oxford University-Summer School on Forced Migration; ADB NGO Forum, National Human Rights Commission of Nepal; National Election Observation Committee (NEOC), Human Rights Home, Accountability Watch Committee, Peace Initiative Nepal (PIN Nepal), Alliance for Democracy and Human Rights in Nepal-USA and all major human rights and peace institutions based in Nepal and abroad

Some Examples of Activities 1. Organized 'First International Conference on Human Rights Law-Making, Transition to Democracy', 1991, Kathmandu 2. Organized with other co-organizers the Asia-Pacific NGO Conference on Human Rights, March 1993, Bangkok, including several follow-up events in preparation for the UN World Conference on Human Rights, 1993, Vienna 3. Initiated and organized the two-day Public Hearing on the Impacts of the Policies of International Financial Institutions in Vienna at the outset of the UN World Conference on Human Rights, 1993, Vienna 4. Coordinated the preparatory process and the representation of NGOs from Nepal in the UN Fourth World Conference on Women, 1995, Beijing 5. Organised a regional workshop on "Combating Trafficking-in Women" in 1997, Kathmandu 6. Organized Mini Beijing Conference on Women in 1997, Kathmandu 7. Organized the 2nd International Women and Water Conference in 1998, Kathmandu 8. Hosted Secretariat for National Election Observation Committee's Secretariat in 1999, Kathmandu 9. Organized a roundtable on "Women in Conflict" at the 48th Commission on the Status of Women in 2006 in New York 10. Organized a protest rally on behalf of the Bhutanese refugees in 2000 in New York and New Delhi 11. Participating in various international forums, conferences, seminars on human rights, peace, migration and transitional justice 12. Regular engagement in Fact-Finding Missions in the incidences of the violation of human rights and humanitarian law 13. Launching a special program on peace audit in connection with the observation of the compliance with the Comprehensive Peace Agreement 14. Representing in various international forums with working papers and country deliberation as a part of global solidarity and partnership

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15. Representing on regular basis in various international forums including UN Commission on Human Rights and the Commission on the Status of Women (CSW) since 1989 16. Participating in preparation for Alternative National reports on Big Six treaties under Human Rights Treaty Monitoring Coordination Committee (HRTMCC)

Major Publications

ƒ Mallik Commission Report on impunity ƒ Migration and Immigration in Nepal ƒ Human Rights in the Himalayas ƒ Bhutanese Refugees: Destitute without Destination ƒ Bhutan: Cultural Cleansing of Refugees ƒ Bhutan: An Iron Path to Democracy ƒ Beijing Platform for Action (Translation) ƒ Human Rights: A Compilation of Human Rights Instrument ƒ Education for All: Nepali translation of UNESCO publication ƒ Question and Answer on "Comprehensive Peace Agreement" ƒ Question and Answer on "Constituent Assembly" ƒ "Caravan of Conflict"- A nationwide study done for Caritas Nepal on internal displacement ƒ Bulletins (Peace Audit) and "Shanti Anugaman (Nepali)

Institutional Organogram International Advisory Council Executive Committee, New York National Council National Executive Committee Board of Directorate Program Divisions Staff and Interns

Population Watch GPO Box 12684-Kathmandu Ceasefire House, Jhamsikhel, Lalitpur-2, Nepal Tel: 977-1-5531896, Fax: 977-1-5547616 E-mail: [email protected], [email protected] www.inhurednepal.org

Office for UN 41-42, Elbertson Street, Suite#301, Elmhurst, New York 11377, Tel/Fax: 1-718-4722018

Note: INHURED International has Special Consultative Status with the ECOSOC of the United Nations.

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