From Conflict to Peace in Nepal Peace Agreements 2005 - 10 i Published by Asian Study Center for Peace & Conflict Transformation, Kathmandu PO Box 4610 Kathmandu, Nepal Phone +977 1 400 2585 E-mail [email protected] Website www.aspect.org.np © Publishers, 2011 Impressions: 1,200 Edited by Izumi Wakugawa, Technical Advisor, ASPECT Prawash Gautam, Research Associate, ASPECT Anil Shrestha, PagePerfect Translated by PagePerfect Computer typesetting and design by Mahesh Khadka and Govinda Ghimire, PagePerfect Printed by PagePerfect, Kathmandu Tel +977 1 444 2191 Email [email protected] ISBN 978-9937-2-3203-6 The contents of this publication may be reproduced without authorization on condition that the source is indicated. For rights or reproduction, application should be made to ASPECT office in Kathmandu, either in printed form in via email. ii Foreword The Geneva Centre for the Democratic Control of Armed Forces (DCAF) would like to congratulate Ms. Wakugawa for this timely and well-researched book. As the peace process in the now Democratic Republic of Nepal evolves it will remain crucial to be able to revert to previously made agreements. This handy volume will thus be of great assistance to everyone involved in Nepal’s peace-building process. DCAF has been privileged to cooperate since 2008 with Nepal’s policymakers in an extensive programme (funded by Denmark, Norway, Switzerland and the UK) which has the objective to promote operational, legal and institutional understanding of the role of parliaments in democracies--an association of countries Nepal has joined now, and which remain interested in supporting Nepal’s peace- building and democratisation process. Hopefully, Nepal’s political leaders will one day also find it interesting for their country to join the DCAF family. Philipp Fluri, DDr. Deputy Director, DCAF iii ef/tLo /fhb"""t, sf7df08""" -g]]]kfn_ AMBASSADOR OF INDIA KATHMANDU (NEPAL) MESSAGE It gives me great pleasure to introduce this volume which brings together the documents that chronicle the process from 2005 to 2010. The fifty plus agreements negotiated between the stakeholders, listed in this volume shows that the peace process in Nepal has been Nepali led and Nepali driven--a pre-requistie for the process to have legitimacy and acceptance. While many of the agreements listed in this volume have been implemented, some partially, there remain others yet to be implemented. Today therefore, the need for all the political parties to forge consensus is greater so that the peace process can be conclued and the CA can draft the new constitution. Begginning with the 12-Point Understanding reached between the Seven Party Alliance (SPA) and the Maoists in Delhi in November 2005, India has consistently responded with a sense of urgency to the needs of the people and Government of Nepal in ensuring the success of the peace process and institutionalization of multi-party democracy through the framing of a new Constitution by a duly elected Consituent Assembly. I compliment ASPECT for taking this initiative and hope that the compilation of the agreements in one volume will ba a valuable tool for the various interlocutors, participants, government officials and researchers in their attempt to better understand the genesis and evolution of the peace process in Nepal. 10 December 2010 (Rakesh Sood) iv Preface Since the signing of the 12-point Understanding, on November 22, 2005, marking the historical beginning of Nepal’s ongoing peace process, over 50 agreements, understandings and other documents related to the peace process have been signed by different parties. The Asian Study Center for Peace and Conflict Transformation (ASPECT), on the occasion of the fifth anniversary of the 12-point Understanding, publishes this book, a collection of major documents, in this crucial time of transformation from conflict to peace and nation-building in Nepal. This book is a witness of historical events and facts in the first five years of Nepal’s peace process between 2005 and 2010. Some of the documents in this book are legal documents such as the Comprehensive Peace Accord (CPA), being an annex to the Interim Constitution of Nepal 2007. Some can be interpreted as political documents. However, one thing in common for all the documents collected in this volume is that they are manifestation of Nepalese people’s aspirations and struggles towards peace, justice and equality. Each document carries its own ‘spirit’ within it. ASPECT does not provide any analysis of the documents in the belief that analysis and interpretation of the historical events be left to the individual readers. However, a chart of the agreements is provided for easy glance at the events in chronological order. The chart also encompasses a section identifying whether each document contains implementation provisions and/or monitoring mechanisms for implementation. Lastly, ASPECT hopes that this book contributes to the further study and discussion of Nepal’s peace process by all stakeholders in order to generate visions for the way to peace. Duman Thapa, PhD President, ASPECT v Acknowledgement The Asian Study Center for Peace and Conflict Transformation (ASPECT) would like to express its gratitude to the Geneva Centre for Democratic Control of Armed Forces (DCAF) and the Embassy of India to Nepal for their support and partnership to bring this book to life. The original idea of the book came about in an earnest conversation with Dr Philipp Fluri, Deputy Director of DCAF, on the situation and future of Nepal. Without our exchange and his continuous encouragement, this book would not have been born. His Excellency Ambassador Rakesh Sood and Ms Apoorva Srivastava, First Secretary, Press, Information and Culture of the Indian Embassy to Nepal, have immediately recognised the importance of this book project, and granted abounteous support. Again, without these support, ASPECT could not have delivered this book to the readers. ASPECT has also received support and cooperation from Manohar Prasad Bhattarai, Secretary General of Constituent Assembly and his team,and the Ministry of Peace and Reconstruction, particularly Joint Secretaries Sadhu Ram Sapkota and Durga Nidhi Sharma. We are grateful to the support lent to us by them. Equal thanks and appreciation go to Raju Shakya of UNDP Nepal at the Centre for Constitutional Dialogue (CCD) for providing and sharing some documents with ASPECT. Obtaining copies of some historical and official agreements has been more challenging than we expected, despite their being public documents. Mr Shakya has kindly shared some materials with us, which made possible the early delivery of this project. Finally, this project was materialised by an amazing and dedicated team composed of Prawash Gautam, Pradnya Talekar, both ASPECT Research Associates, and Anil Shrestha from PagePerfect and his team. With their meticulous hard work, going over the texts again and again, now one part of Nepalese history is recorded as a book. Izumi Wakugawa Technical Advisor, ASPECT vi Contents Foreword (Philipp Fluri, Deputy Director, DCAF) iii Message (Indian Ambassador His Excellency Rakesh Sood) iv Preface (Dr Duman Thapa, President, ASPECT) v Acknowledgement (Izumi Wakugawa, Technical Advisor, ASPECT) vi Abbreviatons and Acronyms xi Glossary of Local Terms xi S.N. Title Page 1. 12-Point Understanding concluded between the Seven Political Parties and the Communist Party of Nepal (Maoist) 1 2. The Second Understanding concluded between the Seven Political Parties and the CPN (Maoist) 5 3. Proclamation to the Nation by His Majesty King Gyanendra on April 24, 2006 7 4. May 18, 2006 Proclamation of the House of Representatives 8 5. The Code of Conduct on Ceasefire Agreed between the Government of Nepal and the CPN (Maoist) on May 26, 2006 13 6. Agreement Reached Between the Government of Nepal and the CPN (Maoist) on June 15, 2006 17 7. 8-Point Agreement between the Leaders of the Seven Political Parties and the CPN (Maoist) 19 8. Terms of Reference and Mandate of the National Monitoring Committee on Code of Conduct on Ceasefire 23 vii 9. Procedures of the National Monitoring Committee on Code of Conduct on Ceasefire 2006 25 10. Local Peace Council and its Procedure 2006 31 11. Letter of the Prime Minister of Government of Nepal to the United Nations Secretary General 37 12. Letter of the CPN (Maoist) to the United Nations Secretary General 39 13. Decisions of the Meeting of the Top Leaders of the Seven Political Parties and the CPN (Maoist) 41 14. Comprehensive Peace Accord concluded between the Government of Nepal and the CPN (Maoist) 52 15. Dissolution of NMCC 71 16. Agreement on Monitoring of the Management of Arms and Armies 72 17. Agreement between the GoN and Nepal Adivasi Janajati Mahasangha and Adivasi Janajati Samyukta Sangharsha Samiti 94 18. Agreement between the GoN and Madheshi Janadhikar Forum, Nepal 98 19. Agreement between the GoN and Chure Bhawar Pradesh Ekta Samaj, Nepal 102 20. Agreement between the GoN and Rastriya Badi Adhikar Sangharsha Samiti 104 21. 23-Point Agreement between the Top Leaders of the Seven-Party Alliance 106 22. Agreement between the GoN and Samyukta Loktantrik Madheshi Morcha 111 23. Agreement between the GoN Talks Team comprising the Seven Political Parties and Sanghiya Ganatantrik Rastriya Morcha, Nepal 114 viii 24. Agreement Reached between the Government Talks Team comprising Seven Political Parties and the Federal Limbuwan State Council 117 25. 10-Point Commitment made by the Leaders of the Main Political Parties 119 26. May 28, 2008 Declaration of Republic by the House of Representatives 122 27. Agreement between the Political Parties to Amend the Constitution and to Further the Peace Process 124 28. Agreement between the GoN and Rastriya Haliya Mukti Samaj Mahasangha 131 29. Agreement between the GoN and Madheshi Virus Killers Party 133 30. Agreement between the GoN and Samyukta Janatrantrik Terai Mukti Morcha 134 31. Agreement between the GoN and Terai Samyukta Janakranti Party 135 32.