Agreement between the GoN and Nepal Adivasi Janajati Mahasangha and Adivasi Janajati Samyukta Sangharsha Samiti

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Country/entity: Nepal
Region: Asia and Pacific
Agreement name: Agreement between the GoN and Nepal Adivasi Janajati Mahasangha and Adivasi Janajati Samyukta Sangharsha Samiti
Date: 7 Aug 2007
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/local 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 related-local processes
Parties: Sd.
Dr. Om Gurung
Coordinator
Nepal Adivasi Janajati Mahasangha

Sd.
Ram Chandra Poudel
Coordinator
GoN Talks Team

Sd.
KB Gurung
Coordinator
Adivasi Janajati Samyukta Sangharsha Samiti
Third parties: -
Description: An agreement between the Agreement between the Government of Nepal, the Nepal Adivasi Janajati Mahasangha and the Adivasi Janajati Samyukta Sangharsha Samiti on the inclusion an political representation of indigenous nationalities in Nepal's state institutions.

Agreement document: NP_070807_GoN and Nepal Adivasi Janajati Mahasangha and Adivasi Janajati Samyukta Sangharsha Samiti.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: Groups→Racial/ethnic/national group→Rhetorical
Page 2, 19: The Government shall make a serious effort to reach an agreement for addressing the demands of various classes and communities, including Madheshis, women and Dalits through dialogues and discussions with the groups concerned.
Groups→Racial/ethnic/national group→Substantive
Page 1, 1: While nominating candidates for the ‘first-past-the-post electoral’ system for election to the Constituent Assembly under the provisions of the current Constitution, all parties shall nominate candidates keeping in mind so that all ethnic groups and indigenous nationalities have proportional representation.

Page 1, 4: A State Restructuring Commission shall immediately be formed to present to the forthcoming Constituent Assembly recommendations regarding a federal structure for the state based on ethnicity, language, geographical region, economic status and cultural characteristics while keeping national unity, integrity and sovereignty of Nepal above all. The Commission shall be composed of eminent experts from various classes, regions and communities, including indigenous nationalities, Madheshis, Dalits and women.

Page 1, 8: The GoN has agreed in principle that all classes, sexes, communities, and caste and ethnic groups would be represented in political parties at all levels. A taskforce with the representation of all shall be formed immediately to conduct a study to ensure inclusive, participatory and proportional representation of all ethnic groups, classes, communities, sexes and regions in all organs and at all levels of state.

Page 2, 14: Internalising the spirit and aspiration of gender mainstreaming in the implementation of development projects and programmes, including the Interim Plan, and paying attention to gender diversity in programme implementation and benefit-sharing, emphasis shall be laid on the participation of women from indigenous nationalities, Dalit and Madheshi groups.
Religious groups: No specific mention.
Indigenous people: Groups→Indigenous people→Substantive
Page 1, 1: While nominating candidates for the ‘first-past-the-post electoral’ system for election to the Constituent Assembly under the provisions of the current Constitution, all parties shall nominate candidates keeping in mind so that all ethnic groups and indigenous nationalities have proportional representation.

Page 1, 2: While drawing up proportional list, all political parties participating in the election shall jointly make provision to ensure representation of each community of the listed indigenous nationalities.

Page 1, 3: On the question of how to constitutionally and legally ensure the representation of at least one representative of the listed indigenous nationalities that have not been able to secure representation through either of the electoral systems, the Government of Nepal shall reach a conclusion with the consent of the eight political parties.

Page 1, 4: A State Restructuring Commission shall immediately be formed to present to the forthcoming Constituent Assembly recommendations regarding a federal structure for the state based on ethnicity, language, geographical region, economic status and cultural characteristics while keeping national unity, integrity and sovereignty of Nepal above all. The Commission shall be composed of eminent experts from various classes, regions and communities, including indigenous nationalities, Madheshis, Dalits and women.

Page 1, 5: An Indigenous Nationalities Commission shall be formed.

Page 1, 9: All sectors shall take initiative to translate into action the legal and policy-level commitments that have been articulated to ensure inclusive and proportional representation of all sexes, classes, regions and communities, including indigenous nationalities, in all organs and at all levels of state functioning.

Page 2, 10: The practice of seeking advice and consultation from the parties and agencies concerned while making important decisions on issues that concern various classes, regions, sexes and communities, including indigenous nationalities, shall continued to be developed.

Page 2, 11: Provision shall be made to immediately sanction the proposal to ratify International Labour Organization Convention 169.

Page 2, 12: Appropriate steps shall immediately be taken to complete the necessary legal procedure for adopting the United Nations Declaration on the Rights of Indigenous Peoples.

Page 2, 13: Democratic and transparent processes shall be followed in the formation of a District Coordination Committee on Indigenous Nationalities. In addition, high importance shall be given to the involvement of Nepal Federation of Indigenous Nationalities and the National Federation of Indigenous Women in this process.

Page 2, 14: Internalising the spirit and aspiration of gender mainstreaming in the implementation of development projects and programmes, including the Interim Plan, and paying attention to gender diversity in programme implementation and benefit-sharing, emphasis shall be laid on the participation of women from indigenous nationalities, Dalit and Madheshi groups.

Page 2, 15: As party to the Convention on Biodiversity, the State shall pay special attention to the utilisation and preservation of the indigenous knowledge, skills, practices and technologies of indigenous nationalities.

Page 2, 20: Nepal Federation of Indigenous Nationalities, Indigenous Nationalities Joint Struggle Committee and National Indigenous Women Federation request all indigenous nationalities in the country to unite for the success of the upcoming Constituent Assembly election.
Other groups: Groups→Other groups→Substantive
Page 1, 4: A State Restructuring Commission shall immediately be formed to present to the forthcoming Constituent Assembly recommendations regarding a federal structure for the state based on ethnicity, language, geographical region, economic status and cultural characteristics while keeping national unity, integrity and sovereignty of Nepal above all. The Commission shall be composed of eminent experts from various classes, regions and communities, including indigenous nationalities, Madheshis, Dalits and women.
Refugees/displaced persons: No specific mention.
Social class: Groups→Social class→Rhetorical
Page 2, 19: The Government shall make a serious effort to reach an agreement for addressing the demands of various classes and communities, including Madheshis, women and Dalits through dialogues and discussions with the groups concerned.
Groups→Social class→Substantive
Page 1, 4: A State Restructuring Commission shall immediately be formed to present to the forthcoming Constituent Assembly recommendations regarding a federal structure for the state based on ethnicity, language, geographical region, economic status and cultural characteristics while keeping national unity, integrity and sovereignty of Nepal above all. The Commission shall be composed of eminent experts from various classes, regions and communities, including indigenous nationalities, Madheshis, Dalits and women.

Page 1, 8: The GoN has agreed in principle that all classes, sexes, communities, and caste and ethnic groups would be represented in political parties at all levels. A taskforce with the representation of all shall be formed immediately to conduct a study to ensure inclusive, participatory and proportional representation of all ethnic groups, classes, communities, sexes and regions in all organs and at all levels of state.

Page 1, 9: All sectors shall take initiative to translate into action the legal and policy-level commitments that have been articulated to ensure inclusive and proportional representation of all sexes, classes, regions and communities, including indigenous nationalities, in all organs and at all levels of state functioning.

Page 2, 10: The practice of seeking advice and consultation from the parties and agencies concerned while making important decisions on issues that concern various classes, regions, sexes and communities, including indigenous nationalities, shall continued to be developed.

Page 2, 14: Internalising the spirit and aspiration of gender mainstreaming in the implementation of development projects and programmes, including the Interim Plan, and paying attention to gender diversity in programme implementation and benefit-sharing, emphasis shall be laid on the participation of women from indigenous nationalities, Dalit and Madheshi groups.

Page 2, 18: The process started by the GoN to find a permanent solution to the problems faced by freed kamaiyas (bonded labourers) shall be continued in an effective manner as per the agreement.

Gender

Women, girls and gender: Page 1, 4: A State Restructuring Commission shall immediately be formed to present to the forthcoming Constituent Assembly recommendations regarding a federal structure for the state based on ethnicity, language, geographical region, economic status and cultural characteristics while keeping national unity, integrity and sovereignty of Nepal above all. The Commission shall be composed of eminent experts from various classes, regions and communities, including indigenous nationalities, Madheshis, Dalits and women.

Page 1, 8: The GoN has agreed in principle that all classes, sexes, communities, and caste and ethnic groups would be represented in political parties at all levels. A taskforce with the representation of all shall be formed immediately to conduct a study to ensure inclusive, participatory and proportional representation of all ethnic groups, classes, communities, sexes and regions in all organs and at all levels of state.

Page 1, 9: All sectors shall take initiative to translate into action the legal and policy-level commitments that have been articulated to ensure inclusive and proportional representation of all sexes, classes, regions and communities, including indigenous nationalities, in all organs and at all levels of state functioning.

Page 2, 10: The practice of seeking advice and consultation from the parties and agencies concerned while making important decisions on issues that concern various classes, regions, sexes and communities, including indigenous nationalities, shall continued to be developed.

Page 2, 13: Democratic and transparent processes shall be followed in the formation of a District Coordination Committee on Indigenous Nationalities. In addition, high importance shall be given to the involvement of Nepal Federation of Indigenous Nationalities and the National Federation of Indigenous Women in this process.

Page 2, 14: Internalising the spirit and aspiration of gender mainstreaming in the implementation of development projects and programmes, including the Interim Plan, and paying attention to gender diversity in programme implementation and benefit-sharing, emphasis shall be laid on the participation of women from indigenous nationalities, Dalit and Madheshi groups.

Page 2, 19: The Government shall make a serious effort to reach an agreement for addressing the demands of various classes and communities, including Madheshis, women and Dalits through dialogues and discussions with the groups concerned.

Page 2, 20: Nepal Federation of Indigenous Nationalities, Indigenous Nationalities Joint Struggle Committee and National Indigenous Women Federation request all indigenous nationalities in the country to unite for the success of the upcoming Constituent Assembly election.
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: Page 2, 17: Provision shall be made to provide a compensation of Rs. 1 million as relief to the families of each of the Nepalese who died in the helicopter crash at Ghunsa, Taplejung.

State definition

Nature of state (general): No specific mention.
State configuration: Page 1, 4: A State Restructuring Commission shall immediately be formed to present to the forthcoming Constituent Assembly recommendations regarding a federal structure for the state based on ethnicity, language, geographical region, economic status and cultural characteristics while keeping national unity, integrity and sovereignty of Nepal above all. The Commission shall be composed of eminent experts from various classes, regions and communities, including indigenous nationalities, Madheshis, Dalits and women.
Self determination: No specific mention.
Referendum: No specific mention.
State symbols: Page 1, 6: While so far only Nepali has been recognised as the official language, the Constituent Assembly shall make provision to grant recognition to Nepali and other mother tongues spoken at local level. The Government shall remain committed towards ensuring the linguistic rights of citizens.
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, 8: The GoN has agreed in principle that all classes, sexes, communities, and caste and ethnic groups would be represented in political parties at all levels. A taskforce with the representation of all shall be formed immediately to conduct a study to ensure inclusive, participatory and proportional representation of all ethnic groups, classes, communities, sexes and regions in all organs and at all levels of state.
Elections: Page 1, 1: While nominating candidates for the ‘first-past-the-post electoral’ system for election to the Constituent Assembly under the provisions of the current Constitution, all parties shall nominate candidates keeping in mind so that all ethnic groups and indigenous nationalities have proportional representation.

Page 1, 2: While drawing up proportional list, all political parties participating in the election shall jointly make provision to ensure representation of each community of the listed indigenous nationalities.

Page 1, 3: On the question of how to constitutionally and legally ensure the representation of at least one representative of the listed indigenous nationalities that have not been able to secure representation through either of the electoral systems, the Government of Nepal shall reach a conclusion with the consent of the eight political parties.
Electoral commission: No specific mention.
Political parties reform: Governance→Political parties reform→Other political parties reform
Page 1, 1: While nominating candidates for the ‘first-past-the-post electoral’ system for election to the Constituent Assembly under the provisions of the current Constitution, all parties shall nominate candidates keeping in mind so that all ethnic groups and indigenous nationalities have proportional representation.

Page 1, 2: While drawing up proportional list, all political parties participating in the election shall jointly make provision to ensure representation of each community of the listed indigenous nationalities.

Page 1, 3: On the question of how to constitutionally and legally ensure the representation of at least one representative of the listed indigenous nationalities that have not been able to secure representation through either of the electoral systems, the Government of Nepal shall reach a conclusion with the consent of the eight political parties.
Civil society: No specific mention.
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: Governance→Constitution→Constitutional reform/making
Page 1, 3: On the question of how to constitutionally and legally ensure the representation of at least one representative of the listed indigenous nationalities that have not been able to secure representation through either of the electoral systems, the Government of Nepal shall reach a conclusion with the consent of the eight political parties.

Power sharing

Political power sharing: Power sharing→Political power sharing→Proportionality in legislature
State level
Page 1, 3: On the question of how to constitutionally and legally ensure the representation of at least one representative of the listed indigenous nationalities that have not been able to secure representation through either of the electoral systems, the Government of Nepal shall reach a conclusion with the consent of the eight political parties.
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: Page 2, 12: Appropriate steps shall immediately be taken to complete the necessary legal procedure for adopting the United Nations Declaration on the Rights of Indigenous Peoples.
Civil and political rights: No specific mention.
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: No specific mention.
Democracy: Page 2, 13: Democratic and transparent processes shall be followed in the formation of a District Coordination Committee on Indigenous Nationalities. In addition, high importance shall be given to the involvement of Nepal Federation of Indigenous Nationalities and the National Federation of Indigenous Women in this process.
Detention procedures: No specific mention.
Media and communication: Rights related issues→Media and communication→Media roles
Page 1, 7: Protecting and respecting citizens’ right to seek and receive information on matters of public interest, including on the Constituent Assembly, provision shall be made for the general public to receive such information in their mother tongues.
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→Socio-economic development
Page 2, 14: Internalising the spirit and aspiration of gender mainstreaming in the implementation of development projects and programmes, including the Interim Plan, and paying attention to gender diversity in programme implementation and benefit-sharing, emphasis shall be laid on the participation of women from indigenous nationalities, Dalit and Madheshi groups.
National economic plan: Page 2, 14: Internalising the spirit and aspiration of gender mainstreaming in the implementation of development projects and programmes, including the Interim Plan, and paying attention to gender diversity in programme implementation and benefit-sharing, emphasis shall be laid on the participation of women from indigenous nationalities, Dalit and Madheshi groups.
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: Land, property and environment→Cultural heritage→Intangible
Page 1, 6: While so far only Nepali has been recognised as the official language, the Constituent Assembly shall make provision to grant recognition to Nepali and other mother tongues spoken at local level. The Government shall remain committed towards ensuring the linguistic rights of citizens.

Page 1, 7: Protecting and respecting citizens’ right to seek and receive information on matters of public interest, including on the Constituent Assembly, provision shall be made for the general public to receive such information in their mother tongues.
Land, property and environment→Cultural heritage→Promotion
Page 2, 15: As party to the Convention on Biodiversity, the State shall pay special attention to the utilisation and preservation of the indigenous knowledge, skills, practices and technologies of indigenous nationalities.
Environment: Page 2, 15: As party to the Convention on Biodiversity, the State shall pay special attention to the utilisation and preservation of the indigenous knowledge, skills, practices and technologies of indigenous nationalities.
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 2, 17: Provision shall be made to provide a compensation of Rs. 1 million as relief to the families of each of the Nepalese who died in the helicopter crash at Ghunsa, Taplejung.
Missing persons: No specific mention.
Reparations: Transitional justice→Reparations→Material reparations
Page 2, 17: Provision shall be made to provide a compensation of Rs. 1 million as relief to the families of each of the Nepalese who died in the helicopter crash at Ghunsa, Taplejung.
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: Asian Study Center for Peace & Conflict Transformation (2011), From Conflict to Peace in Nepal: Peace Agreements 2005-2010.

Agreement between the GoN and Nepal Adivasi Janajati Mahasangha and Adivasi Janajati Samyukta Sangharsha Samiti

On this day, August 7, 2007, the Government talks team and the representatives of Nepal Adivasi Janajati Mahasangha [Nepal Federation of Indigenous Nationalities] and Adivasi Janajati Samyukta Sangharsha Samiti [Indigenous Nationalities Joint Struggle Committee], Nepal conclude the following agreement:

1. While nominating candidates for the ‘first-past-the-post electoral’ system for election to the Constituent Assembly under the provisions of the current Constitution, all parties shall nominate candidates keeping in mind so that all ethnic groups and indigenous nationalities have proportional representation.

2. While drawing up proportional list, all political parties participating in the election shall jointly make provision to ensure representation of each community of the listed indigenous nationalities.

3. On the question of how to constitutionally and legally ensure the representation of at least one representative of the listed indigenous nationalities that have not been able to secure representation through either of the electoral systems, the Government of Nepal shall reach a conclusion with the consent of the eight political parties.

4. A State Restructuring Commission shall immediately be formed to present to the forthcoming Constituent Assembly recommendations regarding a federal structure for the state based on ethnicity, language, geographical region, economic status and cultural characteristics while keeping national unity, integrity and sovereignty of Nepal above all.

The Commission shall be composed of eminent experts from various classes, regions and communities, including indigenous nationalities, Madheshis, Dalits and women.

5. An Indigenous Nationalities Commission shall be formed.

6. While so far only Nepali has been recognised as the official language, the Constituent Assembly shall make provision to grant recognition to Nepali and other mother tongues spoken at local level.

The Government shall remain committed towards ensuring the linguistic rights of citizens.

7. Protecting and respecting citizens’ right to seek and receive information on matters of public interest, including on the Constituent Assembly, provision shall be made for the general public to receive such information in their mother tongues.

8. The GoN has agreed in principle that all classes, sexes, communities, and caste and ethnic groups would be represented in political parties at all levels.

A taskforce with the representation of all shall be formed immediately to conduct a study to ensure inclusive, participatory and proportional representation of all ethnic groups, classes, communities, sexes and regions in all organs and at all levels of state.

9. All sectors shall take initiative to translate into action the legal and policy-level commitments that have been articulated to ensure inclusive and proportional representation of all sexes, classes, regions and communities, including indigenous nationalities, in all organs and at all levels of state functioning.

10. The practice of seeking advice and consultation from the parties and agencies concerned while making important decisions on issues that concern various classes, regions, sexes and communities, including indigenous nationalities, shall continued to be developed.

11. Provision shall be made to immediately sanction the proposal to ratify International Labour Organization Convention 169.

12. Appropriate steps shall immediately be taken to complete the necessary legal procedure for adopting the United Nations Declaration on the Rights of Indigenous Peoples.

13. Democratic and transparent processes shall be followed in the formation of a District Coordination Committee on Indigenous Nationalities.

In addition, high importance shall be given to the involvement of Nepal Federation of Indigenous Nationalities and the National Federation of Indigenous Women in this process.

14. Internalising the spirit and aspiration of gender mainstreaming in the implementation of development projects and programmes, including the Interim Plan, and paying attention to gender diversity in programme implementation and benefit-sharing, emphasis shall be laid on the participation of women from indigenous nationalities, Dalit and Madheshi groups.

15. As party to the Convention on Biodiversity, the State shall pay special attention to the utilisation and preservation of the indigenous knowledge, skills, practices and technologies of indigenous nationalities.

16. The nation shall accord special honour to the renowned geographer Dr. Harka Gurung.

17. Provision shall be made to provide a compensation of Rs.

1 million as relief to the families of each of the Nepalese who died in the helicopter crash at Ghunsa, Taplejung.

18. The process started by the GoN to find a permanent solution to the problems faced by freed kamaiyas (bonded labourers) shall be continued in an effective manner as per the agreement.

19. The Government shall make a serious effort to reach an agreement for addressing the demands of various classes and communities, including Madheshis, women and Dalits through dialogues and discussions with the groups concerned.

20. Nepal Federation of Indigenous Nationalities, Indigenous Nationalities Joint Struggle Committee and National Indigenous Women Federation request all indigenous nationalities in the country to unite for the success of the upcoming Constituent Assembly election.

Sd.

Dr. Om Gurung

Coordinator

Nepal Adivasi Janajati Mahasangha

Sd.

Ram Chandra Poudel

Coordinator

GoN Talks Team

Sd.

KB Gurung

Coordinator

Adivasi Janajati Samyukta Sangharsha Samiti

Date:

August 7, 2007