Agreement between the GoN and Chure Bhawar Pradesh Ekta Samaj, Nepal

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Country/entity: Nepal
Region: Asia and Pacific
Agreement name: Agreement between the GoN and Chure Bhawar Pradesh Ekta Samaj, Nepal
Date: 13 Sep 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/territory
Peace process: Nepal related-local processes
Parties: Sd. Kesab Prasad Mainali
Chairperson
Chure Bhawar Pradesh Ekta Samaj, Nepal

Sd. Ram Chandra Poudel
Coordinator
GoN Talks Team
Third parties: -
Description: An agreement between the Government of Nepal and Chure Bhawar Pradesh Ekta Samaj based on their fourth round of talks and done in advance of the development of Nepal's constitution.

Agreement document: NP_070913_GoN and Chure Bhawar Pradesh Ekta Samaj.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: Page 1, 4: The process of providing relief to the families of those killed in the attacks of various armed groups in the Terai shall be continued.

State definition

Nature of state (general): Page 1, 8: All parties shall remain active to maintain mutual harmony and develop mutual understanding between the peoples of Terai/ Madhesh and hill regions so that national unity and integrity can be strengthened.
State configuration: Page 1, 6: While restructuring the state, autonomous federal system shall be established as determined by the Constituent Assembly such that Nepal’s sovereignty, national unity and integrity are strengthened.
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: Page 1, 9: Chure Bhawar Pradesh Ekta Samaj expresses its commitment to help conduct the upcoming Constituent Assembly election on November 22 in a free, fair and fear-free environment and withdraws all plans of the agitation.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: No specific mention.
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: No specific mention.
Mobility/access: Page 1, 2: Arrangements shall be made immediately to provide [government] services to the people as [the lack of] security has made it difficult for the people to travel to [district] headquarters and utilise government services.
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 1, 7: Activities related to development, forestry and contract-based work of stone, sand, soil, gravel, etc. in Chure Bhawar region shall be carried out only after agreements have been reached with the local bodies.
National economic plan: No specific mention.
Natural resources: Page 1, 7: Activities related to development, forestry and contract-based work of stone, sand, soil, gravel, etc. in Chure Bhawar region shall be carried out only after agreements have been reached with the local bodies.
International funds: No specific mention.
Business: No specific mention.
Taxation: No specific mention.
Banks: No specific mention.

Land, property and environment

Land reform/rights: Land, property and environment→Land reform/rights→Property return and restitution
Page 1, 5: The responsibility of investigating incidents that took place during the movement in Chure Bhawar region has been handed over to the Commission formed to investigate Terai incidents. The Commission shall be provided with the necessary support to complete its work in time. On the basis of the report (presented by the Commission), appropriate action shall be taken against those responsible for damage to life and property in the region, and relief shall be provided to the people.
Pastoralist/nomadism rights: No specific mention.
Cultural heritage: No specific mention.
Environment: Page 1, 7: Activities related to development, forestry and contract-based work of stone, sand, soil, gravel, etc. in Chure Bhawar region shall be carried out only after agreements have been reached with the local bodies.
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: Page 1, 2: Arrangements shall be made immediately to provide [government] services to the people as [the lack of] security has made it difficult for the people to travel to [district] headquarters and utilise government services.
Ceasefire: No specific mention.
Police: Page 1, 3: The Government’s decision to provide Rs 1 million to the family of Mangal Bahadur Gurmachhan, who received martyrdom after being killed by the police during the movement of Chure Bhawar Pradesh Ekta Samaj, shall be implemented immediately. Suitable arrangements shall be made to provide medical treatment to those who were injured during the movement and still have not received treatment, including the Vice Chairperson of Chure Bhawar Pradesh Ekta Samaj.
Armed forces: No specific mention.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: Page 1, 1: Necessary legal steps shall be taken to withdraw the cases against the nine activists of Chure Bhawar Pradesh Ekta Samaj, who were accused of murder and were arrested during the Chure Bhawar movement in Yagyabhumi VDC of Dhanusa district. Also, other cases registered during the movement and arrest warrants that were issued shall be cancelled.

Page 1, 9: Chure Bhawar Pradesh Ekta Samaj expresses its commitment to help conduct the upcoming Constituent Assembly election on November 22 in a free, fair and fear-free environment and withdraws all plans of the agitation.
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: Transitional justice→Amnesty/pardon→Relief of other sanctions
Page 1, 1: Necessary legal steps shall be taken to withdraw the cases against the nine activists of Chure Bhawar Pradesh Ekta Samaj, who were accused of murder and were arrested during the Chure Bhawar movement in Yagyabhumi VDC of Dhanusa district. Also, other cases registered during the movement and arrest warrants that were issued shall be cancelled.
Courts: No specific mention.
Mechanism: Page 1, 5: The responsibility of investigating incidents that took place during the movement in Chure Bhawar region has been handed over to the Commission formed to investigate Terai incidents. The Commission shall be provided with the necessary support to complete its work in time. On the basis of the report (presented by the Commission), appropriate action shall be taken against those responsible for damage to life and property in the region, and relief shall be provided to the people.
Prisoner release: No specific mention.
Vetting: No specific mention.
Victims: Page 1, 3: The Government’s decision to provide Rs 1 million to the family of Mangal Bahadur Gurmachhan, who received martyrdom after being killed by the police during the movement of Chure Bhawar Pradesh Ekta Samaj, shall be implemented immediately. Suitable arrangements shall be made to provide medical treatment to those who were injured during the movement and still have not received treatment, including the Vice Chairperson of Chure Bhawar Pradesh Ekta Samaj.

Page 1, 4: The process of providing relief to the families of those killed in the attacks of various armed groups in the Terai shall be continued.
Missing persons: No specific mention.
Reparations: Transitional justice→Reparations→Material reparations
Page 1, 3: The Government’s decision to provide Rs 1 million to the family of Mangal Bahadur Gurmachhan, who received martyrdom after being killed by the police during the movement of Chure Bhawar Pradesh Ekta Samaj, shall be implemented immediately. Suitable arrangements shall be made to provide medical treatment to those who were injured during the movement and still have not received treatment, including the Vice Chairperson of Chure Bhawar Pradesh Ekta Samaj.
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 Chure Bhawar Pradesh Ekta Samaj, Nepal

The fourth round of talks between the Government Talks Team and Chure Bhawar Pradesh Ekta Samaj [Chure Bhawar Province Solidarity Society], Nepal was conducted on September 13, 2007 at the Ministry of Peace and Reconstruction in a cordial environment and the following agreements were reached:

1. Necessary legal steps shall be taken to withdraw the cases against the nine activists of Chure Bhawar Pradesh Ekta Samaj, who were accused of murder and were arrested during the Chure Bhawar movement in Yagyabhumi VDC of Dhanusa district.

Also, other cases registered during the movement and arrest warrants that were issued shall be cancelled.

2. Arrangements shall be made immediately to provide [government] services to the people as [the lack of] security has made it difficult for the people to travel to [district] headquarters and utilise government services.

3. The Government’s decision to provide Rs 1 million to the family of Mangal Bahadur Gurmachhan, who received martyrdom after being killed by the police during the movement of Chure Bhawar Pradesh Ekta Samaj, shall be implemented immediately.

Suitable arrangements shall be made to provide medical treatment to those who were injured during the movement and still have not received treatment, including the Vice Chairperson of Chure Bhawar Pradesh Ekta Samaj.

4. The process of providing relief to the families of those killed in the attacks of various armed groups in the Terai shall be continued.

5. The responsibility of investigating incidents that took place during the movement in Chure Bhawar region has been handed over to the Commission formed to investigate Terai incidents.

The Commission shall be provided with the necessary support to complete its work in time.

On the basis of the report (presented by the Commission), appropriate action shall be taken against those responsible for damage to life and property in the region, and relief shall be provided to the people.

6. While restructuring the state, autonomous federal system shall be established as determined by the Constituent Assembly such that Nepal’s sovereignty, national unity and integrity are strengthened.

7. Activities related to development, forestry and contract-based work of stone, sand, soil, gravel, etc.

in Chure Bhawar region shall be carried out only after agreements have been reached with the local bodies.

8. All parties shall remain active to maintain mutual harmony and develop mutual understanding between the peoples of Terai/ Madhesh and hill regions so that national unity and integrity can be strengthened.

9. Chure Bhawar Pradesh Ekta Samaj expresses its commitment to help conduct the upcoming Constituent Assembly election on November 22 in a free, fair and fear-free environment and withdraws all plans of the agitation.

Sd. Kesab Prasad Mainali

Chairperson

Chure Bhawar Pradesh Ekta Samaj, Nepal

Sd. Ram Chandra Poudel

Coordinator

GoN Talks Team

Date:

September 13, 2007