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The Transitional Justice Peace Agreements Database.  
 
Database - Record for : Comprehensive Agreement concluded between the Government of Nepal and the Communist Party of Nepal (Maoist)
Record 339

Country :

Nepal

Agreement Title/Name:
Comprehensive Agreement concluded between the Government of Nepal and the Communist Party of Nepal (Maoist)
Year :
2006
Date Signed :

21 November 2006

Summary :

Agree to form an interim legislature-parliament on the basis of an interim constitution, and hold elections to the constituent assembly in a free and fair manner and 'practically ensure sovereignty inherent in the Nepali people'. No authority to remiain with the Queen (Art 3.3). A political system is to be adoped that 'fully abides by the universally accepted principles of fundamental human rights, multiparty competitive democracy system, sovereignty of the people and supremacy of the pepole, constitutional balance and control, rule of law, social justice, equality, independent judiciary, periodc elections, monitoring by civil society, complete press freedom, people's right to information, trasparency and accountabhility in the activities of political parties, people's participation, impartial, competenty, and clean bureacracy (art 3.5).


Parties :
Agreement that seeks to end the conflict between the Government of Nepal and the Communist Party of Nepal (Maoist). It comprises a ceasefire including the management of arms and armes of both the national army and the Maoist group by the United Nations. It calls for political, economic and social change in the country and adherence to humanitarian law and human rights principles, including through the establihsment of a National Human Rights Commission, a Truth and Reconciliation Commission and a National Peace and Rehabilitation Commission. The agreement calls for the elction of a constituent assembly by mid-June 2007 to end the transition period and calls on the UN to observe and assist the electoral process. The agreement also calls fo rhte nationalization of all property belonging to the King and Quieen and to decide by a simple majority in the first constituitonal assembly meeting whether to retain the monarchy as an institution.
Third Parties :
Statehood/Identity :
Art 3.1 talks of 'practically ensuring sovereignty in the Nepali people.
Governance/Democratic Inst :
Not Applicable
Women :
Preamble mentions progressive restructuing of state to resolve inter alia 'gender problems'. Art 3.5 provides for progressive restructuring by ending the curren tcentralized and unitary form of the state in order to address problems related to women, and other classes. Art 7.6 provides for women (and children's rights).
Amnesty :
Not Applicable
Past Mechanism :
Art 3.11 talks to severly punishing people for amassing limiteless wealth through corruption while remaining in a government position (unclear whether past focused). National Peace and Reconciliation Commission established (art 5.2.4). High-level Truth and reconcilation Commission established to investigate truth about people seriouse violating human rights and involved in crimes against humanity, and to create an environment of reconciliations in the society (art 5.2.5). Victims of the conflict and torture and family of disappeared should have relief (art 7.1.3).
Prisoner Release :
Both side agree to make public the status of people in their custody and release them within 15 days (Art 5.2.2). Agree to withdraw claims tand to make public and release political prisoners (art 5.2.7).
Victims :
Both sides agree to make public within 60 days of signing the agreement information about real name, caste and address of people 'disappeared' or killed during war and to inform the familty (art 5.2.3). National Peace and Rehabilitation Commission formed to establish peace in th society by normalizing situation and carrying out relief for and rebabilitate people victimized and displaced (art 5.2.4). Victims of torture and conflict and the family of disppeared to have relief (art 7.1.3).
Criminal Justice Reform :
Independence of judiciary mentioned as principle of political reform (art 3.4).
National Human Rights Inst :
National Human Rights Commission given an monitoring role (9.4).
Human Rights Framework :
Provides for in essence a tailor made bill of rights, with monitoring by UN, a National HR Commission,and an end commitment that any revisions to the agreement 'will not fall below the minimum standards of accepted international human rights and humanitarian laws).
Judicial Reform :
Independence of judiciary mentioned as principle of political reform (art 3.4).
Policing :
Army reform provided for (art 4). Police and armed force to continue task of maintaining system of law and order and criminal investigation in 'spirit and sentiment of the Jana Andolan and peace accord as well as the prevailing law' (Art 5.1.6).
Refugees/Land :
Land reform mentioned as aim of reform (3.4). Parties commit to adopt a policy of implementing land reforms programme by ending feudal land ownership (3.7). Adopt a policy of providing land and other economic protection to socially and economically backward classes including landless squatters, bonded labourers and pastoral farmers (3.10). Parties commit to allow voluntary return to respective ancestral or former resideace, and to reconstruction and rehabilitation and reintegration of displaced persons (art 5.2.8).
Civil Society :
3.4 provides for competitive multiparty democracy, monitored by civil society; 5.2.9 CS to support parties in resolving implementation difficulties; 5.2.12 parties guarantee free movement to NGOs; 9.4 HRNGOs to assist work of HR Commission; 10.7 appeal to CS to support the agmt
Dev& Socio-Economic Rights :
Parties comit to ensure 'progressive political, economic and social transformation on the basis of the decisions reached (Art 3.1). Art 3.6 parties to implement a minimum common program for the economic and social transformation to end all forms of fedalism (3.6). Art to adopt a policy of protecting and promoting national industries and resrouces (3.8). To adop a poliyc of establishing rights to education, health, housing, empoyment and food security (3.9). To adopt a policy of severly punishing people amassing limitless wealth through curruption while remaining in a government position (art. 3.11). To form a common development for economic and social transformation (3.12). To follow a policy of massive increase in employment and income generation opportunities by increasing investment in industries, trade and export promotion while ensuring the professional rights of labourers (3.13).
Enforcement Mechanism :
UN to help agree technical details of DDR (Art 4). Article 8 provides for a dispute settlement and impelmentation mechanism. The National Peace and Rehabilitation Commission can create mechanisms as necessary. Parties commit to mutual dialogue. Human rights monitoring gien to UNOHCHR (9.1) Supervision of electsion to UN. Monitoring of management of arms and the armies by the UN Mission in Nepal. National Human Rights Commission will carry out monitoring of human rights also. A joint mechanism to be included to solve disputes of interpretation.
International Community :
Art 10.8 includes an appeal 'to all the friendly contries and to the UN as well as the international community to extend support to Nepal in campaign of establishing full democracy and peace.
UN Involvement :
UN to help agree technical details of DDR (Art 4). Also UNOHCR has enforcemtn of HR, and UN to be involved in election monitoring.
Source :
USIP


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