Procedures of the National Monitoring Committee on Code of Conduct for Ceasefire

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Country/entity: Nepal
Region: Asia and Pacific
Agreement name: Procedures of the National Monitoring Committee on Code of Conduct for Ceasefire
Date: 26 Jun 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: Ceasefire/related
Conflict nature: Government
Peace process: Nepal peace process
Parties: Unsigned but reference is made to approval by the 'negotiating team' which is defined in the document as:

Page 1, 3, Definition, (b)"Negotiating Team" means the negotiating teams of the Government of Nepal and the CPN (Maoists).
Third parties: -
Description: Short agreement outlining the operational procedures to be followed by the National Monitoring Committee on Code of Conduct for Ceasefire

Agreement document: NP_060626(estimated)_Procedures of NMCC.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: No specific mention.

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): No specific mention.
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): No specific mention.
Elections: No specific mention.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: Page 3, 12, Collection of facts and information, (f) To collect the facts and information from different organizations and the civil society.
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: No specific mention.

Power sharing

Political power sharing: No specific mention.
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: No specific mention.
Detention procedures: No specific mention.
Media and communication: Rights related issues→Media and communication→Media roles
Page 3, 12, Collection of facts and information: The committee shall collect the facts and information through the following medium:-
...(c) To collect the facts and information through different media,

Page 3, 13, Report, (c): Normally, the report shall be made public.
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: Security sector→Ceasefire→Ceasefire provision
The whole agreement outlines procedures for the National Committee tasked with monitoring the ceasefire, previously agreed on 25 May 2006. The ceasefire is presumed to be permanent.

Page 1, 1, Name: These procedures shall be referred to as the of the National Monitoring Committee on Code of Conduct for Ceasefire, 2006.
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: Page 1, 2, Date of Commencement: These procedures shall come into force on the date of its approval by the negotiating [team] after these are adopted by the meeting of the Committee.

Page 4, 17, Amendment: The committee may by a decision, may make the necessary amendments if any amendment in these procedures is required to be made. The amendments shall be effective only after the ratification by the negotiating teams.
Related cases: No specific mention.
Source: Government of Nepal Peace Secretariat: http://www.ncf.org.np/upload/files/775_en_cover%20and%20con.pdf

Procedures of the National Monitoring Committee on Code of Conduct for Ceasefire, 2006

1. Name:

These procedures shall be referred to as the of the National Monitoring Committee on Code of Conduct for Ceasefire, 2006

2. Date of Commencement:

These procedures shall come into force on the date of its approval by the negotiating after these are adopted by the meeting of the Committee.

3. Definition

(a) "Committee" means the National Monitoring Committee on Code of Conduct for Ceasefire.

(b) "Negotiating Team" means the negotiating teams of the Government of Nepal and the CPN (Maoists).

(d) "Member" means the member of the committee.

(e) "Code of Conduct" means the 25 points Code of Conduct for Ceasefire framed after an agreement between the Government of Nepal and the CPN (Maoists) on 26 May 2006.

(f) "Procedures" means the procedures of National Monitoring Committee on Code of Conduct for Ceasefire, 2006.

(g) "Office" means the Central office or the other offices also of the committee.

(h) "Joint Committee" means the joint committee to be formed by the negotiating teams.

(i) "Sub-Committee" means the sub-committee formed by the committee as per the necessity.

(j) "Contact agency, cooperation and monitoring team" means the contact agency, cooperation and monitoring team formed or developed by the committee for any specific incident, issue or area as per the need.

(k) "Peace Process" means all the activities to be carried according to the principles of international peace process for the peaceful transformation of the violent insurgency in Nepal started from 1995 and the existing conflicts in the Nepalese society according to the dialogue, understandings, consensus and agreements reached between Government of Nepal, the Seven Political Parties and the CPN (Maoists) who had participated in the People's Movement - 2006.

4. Jurisdiction:

The jurisdiction of the committee shall be according to the 17 points terms of reference and power as specified negotiating

teams on 26 June 2006

5. Meeting of the Committee:

(a) The coordinator shall call the meeting of the committee.

(b) The meeting of the committee shall be generally be held twice a month.

If no one is assigned, the meeting

shall be chaired by persons/from among the members according to the alphabetical order.

(d) The quorum of the meeting shall be considered to have been constituted in case more than 50 percent of the members are present in the

meeting.

In the meeting called for second time because of want of a quorum, the presented number of the members will be considered

as the required quorum.

6. Decision of the meeting:

(a) While taking a decision by the committee, it shall be taken through consensus, as far as possible.

(b) It shall be the responsibility of the Coordinator to authenticate and send the decision of the meeting to the concerned agency.

7. Office:

The Central Office of the committee shall be located within forward the Kathmandu valley.

The offices may be established even in other parts of the country as per the need.

8. Sub Committee:

The committee may in order to carry out its work in an efficient manner form issue wise, area wise and other subcommittees and fix the responsibility.

9. Contact agency, cooperation and Monitoring team:

The contact agency, cooperation and monitoring teams may be formed and deploy for any incident, issue or area.

10. Responsibility of the Coordinator

(a) To coordinate the necessary works and activities and give directions by taking up the leadership of the committee,

(b) To represent or cause to be represented the committee,

(d) To assign responsibility to the member if cooperation from any member is required in course of conducting the work of the committee,

(e) To prepare the agenda for issues for discussion in the meeting of the committee,

(f) To implement or cause to be implemented the decisions of the committee.

11. Basic responsibilities to be abided by the members of the committee

(a) To be neutral and independent,

(b) To be conscious and committed towards the Code of Conduct and jurisdiction,

(c) To be effortful for promoting the mutual trust and respect between the concerned parties in order to make the peace process efficient and dynamic,

(d) To accomplish the assigned responsibilities,

(e) Not to give expression or participate in the activities that may cause an adverse effect on the peace process,

(f) To hold up the confidentiality and companionship in course of the activities of the Committee,

(g) To follow the 17-point terms of reference and power while performing the activities and expressing statements in the capacity of a member of the committee provided that it shall not be deemed to be restricted by this clause, while being active or express statements on the basis of the profession or the belief.

12. Collection of facts and information:

The committee shall collect the facts and information through the following medium:-

(a) To collect the facts and information from the public - in - general,

(b) To assign the contact agency, cooperation and monitoring team for the collection of the facts and information of the incident,

(d) To collect the facts and information through the medium of the office,

(e) To collect the facts and information through the medium of the committee members,

(f) To collect the facts and information from different organizations and the civil society,

(g) To carry out the investigation and monitoring of a particular incident, if the demand for investigation and monitoring is made by the

concerned parties,

13. Report

(a) The committee shall prepare a report by studying investigating and analyzing the facts and information received by the committee from

different sources in an independent, impartial and objective manner,

(b) The report, according to the clause (a), shall be submitted to the negotiations teams or the joint committee along with recommendations,

(d) The committee shall remain active to implement the report,

(e) The regular monitoring report shall be presented to the concerned agency fortnightly.

14. Financial management and operation

The arrangement of necessary financial resources for the committee shall be as provided by the Government of Nepal.

15. Staff Provision

The provision of the required staff for the committee shall be as provided by the Government of Nepal.

16. Stamp and letter pad of the committee

The samples of the stamp and letter pad of the committee are included in the annex-1

17. Amendment

The committee may by a decision, may make the necessary amendments if any amendment in these procedures is required to be made.

The amendments shall be effective only after the ratification by the negotiating teams.