Agreement between the GoN and the Rastriya Badi Adkhikar Sangharsha Samiti

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Country/entity: Nepal
Region: Asia and Pacific
Agreement name: Agreement between the GoN and the Rastriya Badi Adkhikar Sangharsha Samiti
Date: 15 Oct 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: Implementation/renegotiation
Conflict nature: Government
Peace process: Nepal related-local processes
Parties: Sd.
Uma Devi Badi
Coordinator
Rastriya Badi Adhikar Sangharsha
Samiti Talks Team

Sd.
Ram Chandra Poudel
Coordinator
GoN Talks Team
Third parties: -
Description: A short agreement between the Government of Nepal and the Rastriya Badi Adkhikar Sangharsha Samiti agreed after several rounds of talks.

Agreement document: NP_071015_GoN and Rastriya BadiAdhikar Sangharsha Samiti.pdf (opens in new tab) | Download PDF

Groups

Children/youth: Groups→Children/youth→Substantive
Page 1, 2: In order to sequentially implement all the points stated in the report, including the provision of scholarship to children of the Badi community, a Study Task Force shall be constituted under the coordination of gazetted first-class officers as determined by the Government of Nepal. The said Task Force shall include officer-level representatives from the Ministry of Home Affairs, Ministry of Local Development, Ministry of Finance, Ministry of Labour and Transport Management, Ministry of Land Reforms and Management, Ministry of Education and Sports, Ministry of Forest and Soil Conservation, Ministry of Women, Children and Social Welfare, and Ministry of Health and Population and two representatives from the Badi community, including one female representative.
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→Substantive
Page 1, 1: The report presented by the secretary-level task force formed as per the agreement of the two sides on October 2, 2007 shall be agreed to in principle. The use of words such as bhaand [those who bring social vices], badeni [female Badi], patar [characterless] [tr. all three words are discriminatory to Badis], etc shall immediately be stopped and provision shall immediately be made to provide citizenship to the Badi communities all over the country.

Gender

Women, girls and gender: Page 1, 1: The report presented by the secretary-level task force formed as per the agreement of the two sides on October 2, 2007 shall be agreed to in principle. The use of words such as bhaand [those who bring social vices], badeni [female Badi], patar [characterless] [tr. all three words are discriminatory to Badis], etc shall immediately be stopped and provision shall immediately be made to provide citizenship to the Badi communities all over the country.

Page 1, 2: In order to sequentially implement all the points stated in the report, including the provision of scholarship to children of the Badi community, a Study Task Force shall be constituted under the coordination of gazetted first-class officers as determined by the Government of Nepal. The said Task Force shall include officer-level representatives from the Ministry of Home Affairs, Ministry of Local Development, Ministry of Finance, Ministry of Labour and Transport Management, Ministry of Land Reforms and Management, Ministry of Education and Sports, Ministry of Forest and Soil Conservation, Ministry of Women, Children and Social Welfare, and Ministry of Health and Population and two representatives from the Badi community, including one female representative.
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: No specific mention.
Traditional/religious leaders: No specific mention.
Public administration: Page 1, 2: In order to sequentially implement all the points stated in the report, including the provision of scholarship to children of the Badi community, a Study Task Force shall be constituted under the coordination of gazetted first-class officers as determined by the Government of Nepal. The said Task Force shall include officer-level representatives from the Ministry of Home Affairs, Ministry of Local Development, Ministry of Finance, Ministry of Labour and Transport Management, Ministry of Land Reforms and Management, Ministry of Education and Sports, Ministry of Forest and Soil Conservation, Ministry of Women, Children and Social Welfare, and Ministry of Health and Population and two representatives from the Badi community, including one female representative.
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: Rights related issues→Citizenship→Citizen delimitation
Page 1, 1: The report presented by the secretary-level task force formed as per the agreement of the two sides on October 2, 2007 shall be agreed to in principle. The use of words such as bhaand [those who bring social vices], badeni [female Badi], patar [characterless] [tr. all three words are discriminatory to Badis], etc shall immediately be stopped and provision shall immediately be made to provide citizenship to the Badi communities all over the country.
Democracy: No specific mention.
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→Socio-economic development
Page 1, 2: In order to sequentially implement all the points stated in the report, including the provision of scholarship to children of the Badi community, a Study Task Force shall be constituted under the coordination of gazetted first-class officers as determined by the Government of Nepal. The said Task Force shall include officer-level representatives from the Ministry of Home Affairs, Ministry of Local Development, Ministry of Finance, Ministry of Labour and Transport Management, Ministry of Land Reforms and Management, Ministry of Education and Sports, Ministry of Forest and Soil Conservation, Ministry of Women, Children and Social Welfare, and Ministry of Health and Population and two representatives from the Badi community, including one female representative.
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: Land, property and environment→Land reform/rights→Land reform and management
Page 1, 2: In order to sequentially implement all the points stated in the report, including the provision of scholarship to children of the Badi community, a Study Task Force shall be constituted under the coordination of gazetted first-class officers as determined by the Government of Nepal. The said Task Force shall include officer-level representatives from the Ministry of Home Affairs, Ministry of Local Development, Ministry of Finance, Ministry of Labour and Transport Management, Ministry of Land Reforms and Management, Ministry of Education and Sports, Ministry of Forest and Soil Conservation, Ministry of Women, Children and Social Welfare, and Ministry of Health and Population and two representatives from the Badi community, including one female representative.
Pastoralist/nomadism rights: No specific mention.
Cultural heritage: No specific mention.
Environment: Page 1, 2: In order to sequentially implement all the points stated in the report, including the provision of scholarship to children of the Badi community, a Study Task Force shall be constituted under the coordination of gazetted first-class officers as determined by the Government of Nepal. The said Task Force shall include officer-level representatives from the Ministry of Home Affairs, Ministry of Local Development, Ministry of Finance, Ministry of Labour and Transport Management, Ministry of Land Reforms and Management, Ministry of Education and Sports, Ministry of Forest and Soil Conservation, Ministry of Women, Children and Social Welfare, and Ministry of Health and Population and two representatives from the Badi community, including one female representative.
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: Asian Study Center for Peace & Conflict Transformation (2011), From Conflict to Peace in Nepal: Peace Agreements 2005-2010.

Agreement between the GoN and Rastriya Badi Adhikar Sangharsha Samiti

Keeping in mind the discussions and conclusions reached at the different rounds of meeting between the Government Talks Team and the Rastriya Badi Adhikar Sangharsha Samiti [National Badi Rights Struggle Committee], at a meeting held today, October 15, 2007, at the Ministry of Peace and Reconstruction, an agreement was reached between the two sides as follows:

1. The report presented by the secretary-level task force formed as per the agreement of the two sides on October 2, 2007 shall be agreed to in principle.

The use of words such as bhaand [those who bring social vices], badeni [female Badi], patar [characterless] [tr.

all three words are discriminatory to Badis], etc shall immediately be stopped and provision shall immediately be made to provide citizenship to the Badi communities all over the country.

2. In order to sequentially implement all the points stated in the report, including the provision of scholarship to children of the Badi community, a Study Task Force shall be constituted under the coordination of gazetted first-class officers as determined by the Government of Nepal.

The said Task Force shall include officer-level representatives from the Ministry of Home Affairs, Ministry of Local Development, Ministry of Finance, Ministry of Labour and Transport Management, Ministry of Land Reforms and Management, Ministry of Education and Sports, Ministry of Forest and Soil Conservation, Ministry of Women, Children and Social Welfare, and Ministry of Health and Population and two representatives from the Badi community, including one female representative.

Sd.

Uma Devi Badi

Coordinator

Rastriya Badi Adhikar Sangharsha

Samiti Talks Team

Sd.

Ram Chandra Poudel

Coordinator

GoN Talks Team

Date:

October 15, 2007