Second Understanding concluded between the Seven Political Parties and the CPN (Maoist)

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Country/entity: Nepal
Region: Asia and Pacific
Agreement name: Second Understanding concluded between the Seven Political Parties and the CPN (Maoist)
Date: 19 Mar 2006
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/intrastate conflict
Nepalese Insurgency (1996 - 2006)
Inspired by the Maoist insurgency in Peru in the early 1990s, the Communist Party of Nepal (Maoist) – CPN(M) – declared war on the Nepalese government in February 1996. A key demand was the transformation of Nepal from a monarchy into a ‘People’s Republic’. Following a pronounced Maoist military strategy, the CPN(M) focused their insurgency on the rural areas. They gained significantly in strength and it took heavy international military support to stabilize the Nepalese government in 2002. After public protests escalated in Kathmandu in 2004, the Nepalese King Gyanendra took authoritarian control over the government. In the cities, a strong popular movement for democracy emerged, forcing the government into fast progressing peace negations in 2006 that concluded with the signing of a Comprehensive Peace Accord on 21 November 2006.
Stage: Renewal
Conflict nature: Government
Peace process: Nepal peace process
Parties: Sd. (Girija Prasad Koirala) President Nepali Congress
Sd. (Lila Mani Pokhrel) Vice-Chairperson Janamorcha Nepal
Sd. (Amrit Kumar Bohara) Acting General Secretary CPN (UML)
Sd. (Narayan Man Bijukchhe) Chairperson Nepal Majdoor Kisaan Party Nepal
Sd. (Nanda Kumar Prasai) Chairperosn Samyukta Bam Morcha
Sd. (Sher Bahadur Deuba) President Nepali Congress (Democratic)
Sd. (Rajendra Mahato) General Secretary Sadbhavana
Third parties: -
Description: Statement reaffirming parties' commitment to the 12 point understanding of 22/11/2005 and requesting local, national, and international support for the Constituent Assembly election process.

Agreement document: NP_060319_Second Understanding of SPA and CPN (Maoist).pdf (opens in new tab) | Download PDF

Groups

Children/youth: No specific mention.
Disabled persons: No specific mention.
Elderly/age: No specific mention.
Migrant workers: No specific mention.
Racial/ethnic/national group: No specific mention.
Religious groups: No specific mention.
Indigenous people: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: No specific mention.
Social class: Groups→Social class→Rhetorical
Page 2, para 1: We cordially appeal to all democratic political forces, civil society, professional groups, public organisations, people from the oppressed castes and areas, media personnel and the common people to make the ongoing movement successful by actively participating in the establishment of full democracy, with sovereignty and state power being completely vested in people, through the Constituent Assembly election.

Gender

Women, girls and gender: No specific mention.
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: No specific mention.

State definition

Nature of state (general): Page 1, Para 2: Here, we would like to recall that 'the agitating Seven Political Parties are fully committed to the fact that the existing conflict in the country can be resolved and that the sovereignty and the state powers can be vested completely in people only by establishing full democracy by restoring the parliament through the force of agitation and forming an powerful all-party Government by its decision, negotiating with the Maoists, and on the basis of agreement, holding the election of Constituent Assembly.

Page 2, para 1: We cordially appeal to all democratic political forces, civil society, professional groups, public organisations, people from the oppressed castes and areas, media personnel and the common people to make the ongoing movement successful by actively participating in the establishment of full democracy, with sovereignty and state power being completely vested in people, through the Constituent Assembly election.

Page 2, para 2: We also make a special appeal to the international community to extend their support in this initiation of the political parties to restore peace in Nepal for establishment of full democracy in the country, the end of the absolute monarchy, and resolving the armed conflict of the last ten years through a progressive political outlet.
State configuration: No specific mention.
Self determination: No specific mention.
Referendum: No specific mention.
State symbols: No specific mention.
Independence/secession: No specific mention.
Accession/unification: No specific mention.
Border delimitation: No specific mention.
Cross-border provision: No specific mention.

Governance

Political institutions (new or reformed): Governance→Political institutions (new or reformed)→General references
Page 1, Para 2: Here, we would like to recall that 'the agitating Seven Political Parties are fully committed to the fact that the existing conflict in the country can be resolved and that the sovereignty and the state powers can be vested completely in people only by establishing full democracy by restoring the parliament through the force of agitation and forming an powerful all-party Government by its decision, negotiating with the Maoists, and on the basis of agreement, holding the election of Constituent Assembly. The CPN (Maoist) is of the view that the aforementioned goal can be achieved by holding a national political conference of the agitating democratic forces and by forming Interim Government through conference decisions and holding the election to the Constituent Assembly, and the CPN (M) expresses its commitment. On the issue of this procedural agenda, an understanding has been made to continue dialogue and seek a common agreement between the agitating Seven Political Parties and the CPN (Maoist). It has been agreed that the force of People’s Movement is the only alternative to achieve this goal.
Elections: Page 1, para 1: ...There is no doubt that the Understanding has already been approved by the people as the so- called municipality elections held by the dictatorial authority on February 8, 2006, failed completely due to the rapid wave of nationwide People’s Movement started after the 12-Point Understanding...

Page 1, Para 2: Here, we would like to recall that 'the agitating Seven Political Parties are fully committed to the fact that the existing conflict in the country can be resolved and that the sovereignty and the state powers can be vested completely in people only by establishing full democracy by restoring the parliament through the force of agitation and forming an powerful all-party Government by its decision, negotiating with the Maoists, and on the basis of agreement, holding the election of Constituent Assembly. The CPN (Maoist) is of the view that the aforementioned goal can be achieved by holding a national political conference of the agitating democratic forces and by forming Interim Government through conference decisions and holding the election to the Constituent Assembly, and the CPN (M) expresses its commitment. On the issue of this procedural agenda, an understanding has been made to continue dialogue and seek a common agreement between the agitating Seven Political Parties and the CPN (Maoist). It has been agreed that the force of People’s Movement is the only alternative to achieve this goal.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: Page 2, para 1: We cordially appeal to all democratic political forces, civil society, professional groups, public organisations, people from the oppressed castes and areas, media personnel and the common people to make the ongoing movement successful by actively participating in the establishment of full democracy, with sovereignty and state power being completely vested in people, through the Constituent Assembly election.
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: No specific mention.

Power sharing

Political power sharing: Power sharing→Political power sharing→General
State level
Page 1, Para 2: Here, we would like to recall that 'the agitating Seven Political Parties are fully committed to the fact that the existing conflict in the country can be resolved and that the sovereignty and the state powers can be vested completely in people only by establishing full democracy by restoring the parliament through the force of agitation and forming an powerful all-party Government by its decision, negotiating with the Maoists, and on the basis of agreement, holding the election of Constituent Assembly. The CPN (Maoist) is of the view that the aforementioned goal can be achieved by holding a national political conference of the agitating democratic forces and by forming Interim Government through conference decisions and holding the election to the Constituent Assembly, and the CPN (M) expresses its commitment. On the issue of this procedural agenda, an understanding has been made to continue dialogue and seek a common agreement between the agitating Seven Political Parties and the CPN (Maoist). It has been agreed that the force of People’s Movement is the only alternative to achieve this goal.
Territorial power sharing: No specific mention.
Economic power sharing: No specific mention.
Military power sharing: No specific mention.

Human rights and equality

Human rights/RoL general: No specific mention.
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: No specific mention.
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: No specific mention.
Democracy: Page 1, para 1: It is well known to all that the historic 12-Point Understanding for democracy, peace, prosperity, progress and national independence has been reached between the Seven Political Parties, fighting for the end of absolute monarchy and establishment of full democracy, and the CPN (Maoist) on November 22, 2005...

Page 1, Para 2: Here, we would like to recall that 'the agitating Seven Political Parties are fully committed to the fact that the existing conflict in the country can be resolved and that the sovereignty and the state powers can be vested completely in people only by establishing full democracy by restoring the parliament through the force of agitation and forming an powerful all-party Government by its decision, negotiating with the Maoists, and on the basis of agreement, holding the election of Constituent Assembly. The CPN (Maoist) is of the view that the aforementioned goal can be achieved by holding a national political conference of the agitating democratic forces and by forming Interim Government through conference decisions and holding the election to the Constituent Assembly, and the CPN (M) expresses its commitment. On the issue of this procedural agenda, an understanding has been made to continue dialogue and seek a common agreement between the agitating Seven Political Parties and the CPN (Maoist). It has been agreed that the force of People’s Movement is the only alternative to achieve this goal.

Page 2, para 1: We cordially appeal to all democratic political forces, civil society, professional groups, public organisations, people from the oppressed castes and areas, media personnel and the common people to make the ongoing movement successful by actively participating in the establishment of full democracy, with sovereignty and state power being completely vested in people, through the Constituent Assembly election.

Page 2, para 2: We also make a special appeal to the international community to extend their support in this initiation of the political parties to restore peace in Nepal for establishment of full democracy in the country, the end of the absolute monarchy, and resolving the armed conflict of the last ten years through a progressive political outlet.
Detention procedures: No specific mention.
Media and communication: No specific mention.
Mobility/access: No specific mention.
Protection measures: No specific mention.
Other: No specific mention.

Rights institutions

NHRI: No specific mention.
Regional or international human rights institutions: No specific mention.

Justice sector reform

Criminal justice and emergency law: No specific mention.
State of emergency provisions: No specific mention.
Judiciary and courts: No specific mention.
Prisons and detention: No specific mention.
Traditional Laws: No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction: No specific mention.
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: No specific mention.
Business: No specific mention.
Taxation: No specific mention.
Banks: No specific mention.

Land, property and environment

Land reform/rights: No specific mention.
Pastoralist/nomadism rights: No specific mention.
Cultural heritage: No specific mention.
Environment: No specific mention.
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: No specific mention.
Ceasefire: No specific mention.
Police: No specific mention.
Armed forces: No specific mention.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: No specific mention.
Withdrawal of foreign forces: No specific mention.
Corruption: No specific mention.
Crime/organised crime: No specific mention.
Drugs: No specific mention.
Terrorism: No specific mention.

Transitional justice

Transitional justice general: No specific mention.
Amnesty/pardon: No specific mention.
Courts: No specific mention.
Mechanism: No specific mention.
Prisoner release: No specific mention.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: No specific mention.

Implementation

UN signatory: No specific mention.
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: UN Peacemaker - http://peacemaker.un.org/nepal-second-understanding2006

The Second Understanding concluded between the Seven Political Parties and the CPN (Maoist)

It is well known to all that the historic 12-Point Understanding for democracy, peace, prosperity, progress and national independence has been reached between the Seven Political Parties, fighting for the end of absolute monarchy and establishment of full democracy, and the CPN (Maoist) on November 22, 2005.

There is no doubt that the Understanding has already been approved by the people as the socalled

municipality elections held by the dictatorial authority on February 8, 2006, failed completely due to the rapid wave of nationwide People’s Movement started after the 12-Point Understanding.

Likewise, the widespread support by the international community for this Understanding makes it clear that this Understanding is the basis for the real solution to the ongoing conflict in the country.

In this situation, we reiterate our firm commitment for the implementation of this Understanding by all parties with a strong determination.

Here, we would like to recall that 'the agitating Seven Political Parties are fully committed to the fact that the existing conflict in the country can be resolved and that the sovereignty and the state powers can be vested completely in people only by establishing full democracy by restoring the parliament through the force of agitation and forming an powerful all-party Government by its decision, negotiating with the Maoists, and on the basis of agreement, holding the election of Constituent Assembly.

The CPN (Maoist) is of the view that the aforementioned goal can be achieved by holding a national political conference of the agitating democratic forces and by forming Interim Government through conference decisions and holding the election to the Constituent Assembly, and the CPN (M) expresses its commitment.

On the issue of this procedural agenda, an understanding has been made to continue dialogue and seek a common agreement between the agitating Seven Political Parties and the CPN (Maoist).

It has been agreed that the force of People’s Movement is the only alternative to achieve this goal.'

We cordially appeal to all democratic political forces, civil society, professional groups, public organisations, people from the oppressed castes and areas, media personnel and the common people to make the ongoing movement successful by actively participating in the

establishment of full democracy, with sovereignty and state power being completely vested in people, through the Constituent Assembly election.

We also make a special appeal to the international community to extend their support in this initiation of the political parties to restore peace in Nepal for establishment of full democracy in the country, the end of the absolute monarchy, and resolving the armed conflict of the last ten years through a progressive political outlet.

Sd.

(Girija Prasad Koirala)

President

Nepali Congress

Sd.

(Lila Mani Pokhrel)

Vice-Chairperson

Janamorcha Nepal

Sd.

(Amrit Kumar Bohara)

Acting General Secretary

CPN (UML)

Sd.

(Narayan Man Bijukchhe)

Chairperson

Nepal Majdoor Kisaan

Party Nepal

Sd.

(Nanda Kumar Prasai)

Chairperosn

Samyukta Bam Morcha

Sd.

(Sher Bahadur Deuba)

President

Nepali Congress

(Democratic)

Sd.

(Rajendra Mahato)

General Secretary

Sadbhavana Party