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The Transitional Justice Peace Agreements Database.  
 
Database - Record for : Agreement on the Monitoring of Arms and Armies
Record 88

Country :

Nepal

Agreement Title/Name:
Agreement on the Monitoring of Arms and Armies
Year :
2006
Date Signed :

8 November 2006

Summary :

Agreement provides the modalities on how the United Nations will monitor the management of armes and armies. This will include monitoring the dredeployment and cantonment of forces as well as the storage and cotnrol of weapons. A joint monitoring coordination committee charied by the UN will also be established to monitor implementation of the commitment contained in the agreement and to serve as a dispute resolution mechanism. Agreement supersedes 28/11/06 agreement.


Parties :
CPN (Maoist) and the Government of Nepal (signed by the coordinators of each team)
Third Parties :
Statehood/Identity :
Preamble notes 'gruanteeing the fundamental right of the Nepali people to take part in the constituent assembly elections in a free and fair environment without fear.
Governance/Democratic Inst :
Provides for temporary 'cantonment' of Maoist forces, and Army to barracks.
Women :
Listed in the 'Prohibited Activies' is 'All acts and forms of gender-based violence' (Art 5.1.13). The JMCC is tasked with working to 'gain the trust and confidence of the parties and promote the overall goals of this agreement among the people of Nepal (Art 7). JMC is to conduct village and community visits and liaison with the civilian communty, to work in cooperation with other UN agencies and liaise with international organisations and non-governmental organisations (art. 6).
Amnesty :
Not Applicable
Past Mechanism :
Not Applicable
Prisoner Release :
Not Applicable
Victims :
Not Applicable
Criminal Justice Reform :
Not Applicable
National Human Rights Inst :
Not Applicable
Human Rights Framework :
'Violation of human rights, humantiarian law or obstruction of freedom of movement of people, goods and services' listed as a violation of the agreement (Art 5.3). While agreement may be amended, it 'will not fall below the minimum standards of accepted international human rights and humantarian laws (art 7).
Judicial Reform :
Not Applicable
Policing :
Nepal Police and Armed Police Force shall continue task of maintaining law and order and conduct criminal investigations. (art 3). Nepal Army will remain in barracks (art 4.2.1)
Refugees/Land :
Not Applicable
Civil Society :
Parties shall design with the UN Mission, an awareness programme to ensure that local communities and the partes' commanders, members and affiliated groups understand the mandate of the UN mission and all of the obligations. Meetings, prine, electronic media in local langauges (1.3).
Dev& Socio-Economic Rights :
Humanitarian relief, and socioeconomic activities such as assisting free movement of people, goods and services are in list of 'permitted activities' (Art 5.2).
Enforcement Mechanism :
UN Mission role. Joint monitoring teams. Art.2 parties are to report detailed information about their troops to UN, who have a role througout the process. Monitoring of compliance with the agreement will be carried out by UN Monitors and Joint Monitoring Teams (if so decided by the JMCC) (Art 6). A joint Monitoring Coordination Committee with UN Mission chairman, and a vice chairman from NA and Maoist Army wil reach decisions by consensus, and in the event of deadlock, the representative of the UN Secretary-General shall have final authoruity for reporting on the compliance of the parties. JMCC have three functions 1. assisting parties in implementing (central coordinating body), (2) serve as a dispute resolution mechanism (3) to assist in confidence building (art 6).
International Community :
UN Mission role. Agreement references the involvement of international organisations and non-governmental organisations (art 6).
UN Involvement :
'Witnessed by' Ian Martin, Personal Representative of the Secetary -General United Nations; UN Mission role.
Source :
UN Peacemaker


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