Local Peace Council and its Procedure-2006

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Country/entity: Nepal
Region: Asia and Pacific
Agreement name: Local Peace Council and its Procedure-2006
Date: 1 Sep 2006
Agreement status: Unilateral document
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: Framework/substantive - partial
Conflict nature: Government
Peace process: Nepal peace process
Parties: Unsigned. Presumed to be agreed between the Government of Nepal and the CPN (Maoists)
Third parties: -
Description: This agreement establishes Local Peace Councils in Nepal. The agreement covers the format, functions, powers, procedures, and management of the Local Peace Councils. It also defines the status of Local Peace Councils in relation to other government bodies.

Agreement document: NP_060901_Local Peace Councils.pdf (opens in new tab) | Download PDF

Groups

Children/youth: No specific mention.
Disabled persons: Groups→Disabled persons→Substantive
Page 1, 3, Formation of the Council
3.3 The Local Peace Council shall be inclusive in nature with the representation of Seven Political Parties that are in Government, other parties having representation in the parliament, women, professional organizations, civil society, social organization, indigenous and ethnic groups, disabled persons, Dalits, Madeshi and the victims of the conflict as well. Moreover, representatives of the CPN (Maoists) shall also be included on the basis of consensus.
Elderly/age: No specific mention.
Migrant workers: No specific mention.
Racial/ethnic/national group: Groups→Racial/ethnic/national group→Substantive
Page 1, 3, Formation of the Council, 3.3: The Local Peace Council shall be inclusive in nature with the representation of Seven Political Parties that are in Government, other parties having representation in the parliament, women, professional organizations, civil society, social organization, indigenous and ethnic groups, disabled persons, Dalits, Madeshi and the victims of the conflict as well. Moreover, representatives of the CPN (Maoists) shall also be included on the basis of consensus.
Religious groups: No specific mention.
Indigenous people: Groups→Indigenous people→Substantive
Page 1, 3, Formation of the Council, 3.3: The Local Peace Council shall be inclusive in nature with the representation of Seven Political Parties that are in Government, other parties having representation in the parliament, women, professional organizations, civil society, social organization, indigenous and ethnic groups, disabled persons, Dalits, Madeshi and the victims of the conflict as well. Moreover, representatives of the CPN (Maoists) shall also be included on the basis of consensus.
Other groups: No specific mention.
Refugees/displaced persons: Groups→Refugees/displaced persons→Rhetorical
Page 2, 2, Objective, 2.3: To encourage to provide relief to the displaced persons by conflict; to return their properties; to rehabilitate them; and to make the devastated infrastructures reconstructed by reinstating a sustainable peace in participation of all sides.

Page 2, 4, Functions, Duties and Powers of the Council, 4.7: To take necessary initiatives to rehabilitate the victims of the conflict and the displaced persons by the conflict to their own places and to return their seized properties.
Social class: Groups→Social class→Substantive
Page 2, 3, Formation of the Council, 3.3: The Local Peace Council shall be inclusive in nature with the representation of Seven Political Parties that are in Government, other parties having representation in the parliament, women, professional organizations, civil society, social organization, indigenous and ethnic groups, disabled persons, Dalits, Madeshi and the victims of the conflict as well. Moreover, representatives of the CPN (Maoists) shall also be included on the basis of consensus.

Gender

Women, girls and gender: Page 1, 3, Formation of the Council, 3.3: The Local Peace Council shall be inclusive in nature with the representation of Seven Political Parties that are in Government, other parties having representation in the parliament, women, professional organizations, civil society, social organization, indigenous and ethnic groups, disabled persons, Dalits, Madeshi and the victims of the conflict as well. Moreover, representatives of the CPN (Maoists) shall also be included on the basis of consensus.
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: No specific mention.

State definition

Nature of state (general): Page 1, Untitled Preamble: Whereas, the epoch-making peoples’ movement 2006 and the Proclamation of the House of Representatives adopted on May 18, 2006 have reinstated the fact that the source of the entire state is the Nepali people and the sovereignty and state powers of Nepal is inherent only in Nepali people;
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)→New political institutions (indefinite)
Page 1, Untitled Preamble: ...Whereas, it is necessary to create a full democratic environment at the local level through the participation of all sides, the following "Local Peace Council and its Procedure-2006” has been brought into effect.

Page 1, 1, Name, Definition and Commencement:

1.1 “Local Peace Council” means the peace councils formed at district level, and includes also the peace councils formed at the local levels as per the need to uphold peace.
1.2 These procedures are referred as “Local Peace Council and its Procedure-2006”.
1.3 The Local Peace Council shall be referred as “Council” in short.
1.4 There Procedures shall come into effect, at once.

Page 1, 3. Formation of the Council

3.1 A district level Peace Council shall be formed in districts.
3.2 The Council shall be formed at the initiatives of the district level all-party mechanism.
3.3 The Local Peace Council shall be inclusive in nature with the representation of Seven Political Parties that are in Government, other parties having representation in the parliament, women, professional organizations, civil society, social organization, indigenous and ethnic groups, disabled persons, Dalits, Madeshi and the victims of the conflict as well. Moreover, representatives of the CPN (Maoists) shall also be included on the basis of consensus.
3.4 The local administration shall provide the necessary support in the work and activities of the council.
3.5 The Council shall consist 15 to 21 members, including a Coordinator.
3.6 The Council members shall select one coordinator from among themselves.
3.7 Parties may send another representative in case the designated representative is unable to be present.
Elections: Page 2, 4, Functions, Duties and Powers of the Council, 4.3: To provide the necessary support to get a success in the work of peace negotiations, election for constituent assembly and reconstruction.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: Page 1, 3, Formation of the Council, 3.3: The Local Peace Council shall be inclusive in nature with the representation of Seven Political Parties that are in Government, other parties having representation in the parliament, women, professional organizations, civil society, social organization, indigenous and ethnic groups, disabled persons, Dalits, Madeshi and the victims of the conflict as well. Moreover, representatives of the CPN (Maoists) shall also be included on the basis of consensus.
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
Sub-state level
Page 1, 3, Formation of the Council:
3.1 A district level Peace Council shall be formed in districts.
3.2 The Council shall be formed at the initiatives of the district level all-party mechanism.
3.3 The Local Peace Council shall be inclusive in nature with the representation of Seven Political Parties that are in Government, other parties having representation in the parliament, women, professional organizations, civil society, social organization, indigenous and ethnic groups, disabled persons, Dalits, Madeshi and the victims of the conflict as well. Moreover, representatives of the CPN (Maoists) shall also be included on the basis of consensus.
3.4 The local administration shall provide the necessary support in the work and activities of the council.
3.5 The Council shall consist 15 to 21 members, including a Coordinator.
3.6 The Council members shall select one coordinator from among themselves.
3.7 Parties may send another representative in case the designated representative is unable to be present.
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: Page 2, 4, Functions, Duties and Powers of the Council, 4.6: To assist in creating an environment that allows unrestricted enjoyment of human rights and fundamental rights.
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, Untitled Preamble: ...Whereas, it is necessary to create a full democratic environment at the local level through the participation of all sides, the following "Local Peace Council and its Procedure-2006” has been brought into effect.

page 1, 2, Objective, 2.5, To build up the public opinion to constitute a peaceful democratic political environment.

page 2, 4, Functions, Duties and Powers of the Council, 4.5: To launch publicity campaign to create public opinion in favor of peace and democracy.
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: Socio-economic reconstruction→Development or socio-economic reconstruction→Infrastructure and reconstruction
Page 1, 2, Objective, 2.3: To encourage to provide relief to the displaced persons by conflict; to return their properties; to rehabilitate them; and to make the devastated infrastructures reconstructed by reinstating a sustainable peace in participation of all sides.

Page 41, 4, Functions, Duties and Powers of the Council, 4.3, To provide the necessary support to get a success in the work of peace negotiations, election for constituent assembly and reconstruction.
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: Page 3, 14, Miscellaneous: The Secretariat may, to enhance the working capacity and effectiveness of council, if necessary, launch the capacity building programs of the council in the support of the donor agencies, also.
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: Page 1, 2, Objective, 2.2: To reinstate a sustainable peace by ensuring mutual understanding and reconciliation among the victims of the conflict.

Page 1, 3, Formation of the Council, 3.3: The Local Peace Council shall be inclusive in nature with the representation of Seven Political Parties that are in Government, other parties having representation in the parliament, women, professional organizations, civil society, social organization, indigenous and ethnic groups, disabled persons, Dalits, Madeshi and the victims of the conflict as well. Moreover, representatives of the CPN (Maoists) shall also be included on the basis of consensus.

Page 2, 4, Functions, Duties and Powers of the Council, 4.7: To take necessary initiatives to rehabilitate the victims of the conflict and the displaced persons by the conflict to their own places and to return their seized properties.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: Page 1, 2, Objective, 2.2: To reinstate a sustainable peace by ensuring mutual understanding and reconciliation among the victims of the conflict.

Page 2, 4, Functions, Duties and Powers of the Council, 4.1: To develop culture of peace by creating an environment of understanding and reconciliation in society.

Page 2, 4, Functions, Duties and Powers of the Council, 4.2: To settle the disputes including the political, social and cultural disputes raised at the local level through the policy of peaceful coexistence and reconciliation.

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 3, 10, Relation with the Peace Committee:
The Peace Committee may issue directions to the Council on the matters that are considered to be necessary. The Council shall implement such directions of the Committee.

Page 42, 11, Relation with the National Monitoring Committee on Code of Conduct for Ceasefire:
11.1 The Council and the National Monitoring Committee on Code of Conduct for Ceasefire shall assist each other in their respective works. The Council, in this process, shall work coordinating with the Committee.
11.2 The Council and the National Monitoring Committee shall assist each other by exchanging the necessary information.

Page 42, 12, Autonomy of the Council:
12.1 The Council shall be free to perform its business within its terms of reference.
12.2 The Peace Secretariat shall work as its liaison agency.

Page 43, 13, Dissolution:
The Government of Nepal may in the recommendation of the Peace Committee,dissolve any council.

Page 43, 14, Miscellaneous:
The Secretariat may, to enhance the working capacity and effectiveness of council, if necessary, launch the capacity building programs of the council in the support of the donor agencies, also.
Related cases: No specific mention.
Source: Government of Nepal Peace Secretariat: http://www.ncf.org.np/upload/files/775_en_cover%20and%20con.pdf

Local Peace Council and its Procedure-2006

Whereas, the epoch-making peoples’ movement 2006 and the Proclamation of the House of Representatives adopted on May 18, 2006 have reinstated the fact that the source of the entire state is the Nepali people and the sovereignty and state powers of Nepal is inherent only in Nepali people;

Whereas, it is expedient to strengthen the peace process to establish a sustainable peace in the country by bringing into practice the spirit and ideals of the 12-points Agreement concluded between the political parties and the CPN (Maoists) in the past and the subsequent 25-points Ceasefire Code of Conduct on May 26, 2006, and also 8 points Agreement;

Whereas, it is necessary to create a full democratic environment at the local level through the participation of all sides, the following "Local Peace Council and its Procedure-2006” has been brought into effect.

1. Name, Definition and Commencement

1.1 “Local Peace Council” means the peace councils formed at district level, and includes also the peace councils formed at the local levels as per the need to uphold peace.

1.2 These procedures are referred as “Local Peace Council and its Procedure-2006”.

1.3 The Local Peace Council shall be referred as “Council” in short.

1.4 There Procedures shall come into effect, at once.

2. Objective

2.1 To institutionalize the peace process from the very local level.

2.2 To reinstate a sustainable peace by ensuring mutual understanding and reconciliation among the victims of the conflict.

2.3 To encourage to provide relief to the displaced persons by conflict;

to return their properties;

to rehabilitate them;

and to make the devastated infrastructures reconstructed by reinstating a sustainable peace in participation of all sides.

2.4 To provide institutional contribution for the peaceful transformation of the ongoing conflict in the country.

2.5 To build up the public opinion to constitute a peaceful democratic political environment.

3. Formation of the Council

3.1 A district level Peace Council shall be formed in districts.

3.2 The Council shall be formed at the initiatives of the district level all-party mechanism.

3.3 The Local Peace Council shall be inclusive in nature with the representation of Seven Political Parties that are in Government, other parties having representation in the parliament, women, professional organizations, civil society, social organization, indigenous and ethnic groups, disabled persons, Dalits, Madeshi and the victims of the conflict as well.

Moreover, representatives of the CPN (Maoists) shall also be

included on the basis of consensus.

3.4 The local administration shall provide the necessary support in the work and activities of the council.

3.5 The Council shall consist 15 to 21 members, including a Coordinator.

3.6 The Council members shall select one coordinator from among themselves.

3.7 Parties may send another representative in case the designated representative is unable to be present.

4. Functions, Duties and Powers of the Council

4.1 To develop culture of peace by creating an environment of understanding and reconciliation in society.

4.2 To settle the disputes including the political, social and cultural disputes raised at the local level through the policy of peaceful coexistence and reconciliation.

4.3 To provide the necessary support to get a success in the work of peace negotiations, election for constituent assembly and reconstruction.

4.4 To attempt not to spread any dispute around in one's own area.

4.5 To launch publicity campaign to create public opinion in favor of peace and democracy.

4.6 To assist in creating an environment that allows unrestricted enjoyment of human rights and fundamental rights.

4.7 To take necessary initiatives to rehabilitate the victims of the conflict and the displaced persons by the conflict to their own places and to return their seized properties.

4.8 To monitor implementation aspects of the 25-points Code of Conduct for Ceasefire reached between the Government of Nepal and the CPN (Maoists) at local level.

To make resolution at the local level of the problems those are seen during the monitoring.

To bring

the problems of grave nature to the knowledge of the Peace Committee seen in the course of monitoring.

5. Working Process:

5.1 The councils, while performing the assigned duties to them, shall act considering various aspect such as co-existence, good-faith,

understanding and emotional integrity of society in mind as their ideals.

5.2 The councils shall adopt the measures like all party and participatory discussions and dialogue as their working procedures.

6. Procedure of the meeting

6.1 The meeting of the Council shall generally, be held once in every fifteen days provided that, it may hold more times as per the need.

6.2 The coordinator of the council shall call the meeting of the council.

6.3 The decisions of the meeting of the council shall be authenticated by the coordinator.

7. Communicating the information

7.1 The Council shall inform its decisions to concerned parties, peace council and the Peace Secretariat.

Moreover, it shall also communicate such information to the local administration as per the need.

7.2 If any grave incident of violation of the code of conduct is found the council shall immediately inform to the Peace Committee through the Peace Secretariat.

Moreover, such information shall also be sent to the National Monitoring Committee on Code of Conduct for Ceasefire through the Peace Secretariat.

8. Office Management

8.1 To run the office of the Council, one non-gazetted first class staff to the office secretary and one peon shall be provided by the local

administration.

8.2 The staff assigned on deputation in the office of the council shall be provided fifty percent amount of their basic salary as allowance.

Such expenses shall be allocated by the Peace Secretariat having managed in budget provision.

8.3 The Peace Secretariat shall sanction Rs.5, 000 in one installment in every month to each council for stationary and miscellaneous cost

for running the office.

8.4 The local administration shall set up the office of the Council in the premises of the District Development Committee or the other government offices or the public building.

9. Role of the Local Administration

9.1 The local administration shall provide necessary coordination and support in formation, and promotion of the Council and inimplementation of the decisions taken by it.

9.2 The local administration shall not make any interference in the works and activities of the Council.

10 Relation with the Peace Committee

The Peace Committee may issue directions to the Council on the matters that are considered to be necessary.

The Council shall implement

such directions of the Committee.

11. Relation with the National Monitoring Committee on Code of Conduct for Ceasefire

11.1 The Council and the National Monitoring Committee on Code of Conduct for Ceasefire shall assist each other in their respective works.

The Council, in this process, shall work coordinating with the Committee.

11.2 The Council and the National Monitoring Committee shall assist each other by exchanging the necessary information.

12 Autonomy of the Council

12.1 The Council shall be free to perform its business within its terms of reference.

12.2 The Peace Secretariat shall work as its liaison agency.

13. Dissolution

The Government of Nepal may in the recommendation of the Peace Committee,dissolve any council.

14. Miscellaneous

The Secretariat may, to enhance the working capacity and effectiveness of council, if necessary, launch the capacity building programs of the

council in the support of the donor agencies, also.