Agreement between the GoN and Samyukta Loktantrik Madheshi Morcha

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Country/entity: Nepal
Region: Asia and Pacific
Agreement name: Agreement between the GoN and Samyukta Loktantrik Madheshi Morcha
Date: 28 Feb 2008
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: Framework/substantive - partial
Conflict nature: Government
Peace process: Nepal peace process
Parties: Sd.
Rajendra Mahato
National Chairperson
Sadbhavana Party

Sd.
Girija Prasad Koirala
Prime Minister
Government of Nepal

Sd.
Upendra Yadav
Central Coordinator
Madheshi Janadhikar Forum, Nepal

Sd.
Mahantha Thakur
Chairperson
Terai Madhesh Loktantrik Party
Third parties: -
Description: An agreement between the Government of Nepal and the Samyukta Loktantrik Madheshi Morcha where the Government agree to increased inclusion of Madheshis in governance institutions.

Agreement document: NP_080228_GoN and Samyukta Loktantrik Madheshi Morcha.pdf (opens in new tab) | Download PDF

Groups

Children/youth: No specific mention.
Disabled persons: Groups→Disabled persons→Other
Page 1, 1. The State shall declare those killed during the Madhesh Movement as martyrs, and shall provide appropriate compensation to those maimed and yet to receive compensation. Similarly, arrangements shall be made for those injured during the Movement to receive medical expenses and those martyred shall be given due recognition and their families shall be provided with relief at the rate of Rs 1 million, and those arrested shall be immediately released.
Elderly/age: No specific mention.
Migrant workers: No specific mention.
Racial/ethnic/national group: Groups→Racial/ethnic/national group→Rhetorical
Page 1, Untitled Preamble: Respecting the sentiments and aspirations of the Madheshi people of Nepal, expressed during the protests and movements that they have organised time and again for equal rights, this Agreement was signed between the Government of Nepal and the Samyukta Loktantrik Madheshi Morcha [United Democratic Madheshi Front] to ensure the establishment of federal democratic republic in Nepal for multiparty democratic system of governance, to guarantee equality, freedom and justice for all, and to end all forms of discrimination. This Agreement shall be implemented at once. The points of agreement are as follows:...
Groups→Racial/ethnic/national group→Substantive
Page 1, 4: The Government shall execute appointments, promotions and nominations in a manner that ensures inclusive and proportional participation of Madheshi people, Adivasi, Jananati, women, Dalits, backward regions and minority communities in all state bodies, including the security bodies.

Page 1, 5: Proportional, inclusive group entry of Madheshi people and other communities into the Nepal Army shall be ensured to impart national character to Nepal Army and to make it more inclusive.
Groups→Racial/ethnic/national group→Other
Page 1, 1: The State shall declare those killed during the Madhesh Movement as martyrs, and shall provide appropriate compensation to those maimed and yet to receive compensation. Similarly, arrangements shall be made for those injured during the Movement to receive medical expenses and those martyred shall be given due recognition and their families shall be provided with relief at the rate of Rs 1 million, and those arrested shall be immediately released.
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, 4: The Government shall execute appointments, promotions and nominations in a manner that ensures inclusive and proportional participation of Madheshi people, Adivasi, Jananati, women, Dalits, backward regions and minority communities in all state bodies, including the security bodies.

Gender

Women, girls and gender: Page 1, 4: The Government shall execute appointments, promotions and nominations in a manner that ensures inclusive and proportional participation of Madheshi people, Adivasi, Jananati, women, Dalits, backward regions and minority communities in all state bodies, including the security bodies.
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: Page 1, 1: The State shall declare those killed during the Madhesh Movement as martyrs, and shall provide appropriate compensation to those maimed and yet to receive compensation. Similarly, arrangements shall be made for those injured during the Movement to receive medical expenses and those martyred shall be given due recognition and their families shall be provided with relief at the rate of Rs 1 million, and those arrested shall be immediately released.

State definition

Nature of state (general): No specific mention.
State configuration: Page 1, Untitled Preamble: Respecting the sentiments and aspirations of the Madheshi people of Nepal, expressed during the protests and movements that they have organised time and again for equal rights, this Agreement was signed between the Government of Nepal and the Samyukta Loktantrik Madheshi Morcha [United Democratic Madheshi Front] to ensure the establishment of federal democratic republic in Nepal for multiparty democratic system of governance, to guarantee equality, freedom and justice for all, and to end all forms of discrimination. This Agreement shall be implemented at once. The points of agreement are as follows:

Page 1, 2: Nepal shall become a federal democratic republic by accepting people’s aspiration for a federal structure with autonomous regions, including the Madheshi people’s aspiration for an autonomous Madhesh state. In the federal structure, power between the Centre and the states shall be divided clearly according to a list. The states shall be fully autonomous and shall enjoy full rights. The structure, full details of the lists of the Centre and the states and the division of power between them shall be determined by the Constituent Assembly, keeping Nepal’s sovereignty and integrity intact.
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)→General references
Page 1, 3: The existing legal provision of 20 per cent in Sub-section 14 of Section 7 of the Election of Members to the Constituent Assembly Act 2064 shall be changed to 30 per cent.
Elections: Page 1, 3: The existing legal provision of 20 per cent in Sub-section 14 of Section 7 of the Election of Members to the Constituent Assembly Act 2064 shall be changed to 30 per cent.

Page 1, 6: The Government of Nepal and the United Democratic Madheshi Front together request all armed groups agitating in the Terai to begin negotiations for a peaceful political process and to find solutions to all outstanding problems through dialogue. The Government of Nepal shall take necessary steps to create an environment conducive to this purpose. We appeal everyone to help conduct the Constituent Assembly election on April 10 in an environment which is peaceful, non-violent, impartial, fair and free of fear.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: Page 1, 8: All protest programmes called by the United Democratic Madheshi Forum shall be immediately withdrawn.
Traditional/religious leaders: No specific mention.
Public administration: Page 1, 4: The Government shall execute appointments, promotions and nominations in a manner that ensures inclusive and proportional participation of Madheshi people, Adivasi, Jananati, women, Dalits, backward regions and minority communities in all state bodies, including the security bodies.
Constitution: Governance→Constitution→Constitutional reform/making
Page 1, 3: The existing legal provision of 20 per cent in Sub-section 14 of Section 7 of the Election of Members to the Constituent Assembly Act 2064 shall be changed to 30 per cent.

Power sharing

Political power sharing: No specific mention.
Territorial power sharing: Power sharing→Territorial power sharing→Federal or similar sub-divided government
Page 1, 2: Nepal shall become a federal democratic republic by accepting people’s aspiration for a federal structure with autonomous regions, including the Madheshi people’s aspiration for an autonomous Madhesh state. In the federal structure, power between the Centre and the states shall be divided clearly according to a list. The states shall be fully autonomous and shall enjoy full rights. The structure, full details of the lists of the Centre and the states and the division of power between them shall be determined by the Constituent Assembly, keeping Nepal’s sovereignty and integrity intact.
Economic power sharing: No specific mention.
Military power sharing: Power sharing→Military power sharing→Proportionality
Page 1, 5: Proportional, inclusive group entry of Madheshi people and other communities into the Nepal Army shall be ensured to impart national character to Nepal Army and to make it more inclusive.

Human rights and equality

Human rights/RoL general: Page 1, Untitled Preamble: Respecting the sentiments and aspirations of the Madheshi people of Nepal, expressed during the protests and movements that they have organised time and again for equal rights, this Agreement was signed between the Government of Nepal and the Samyukta Loktantrik Madheshi Morcha [United Democratic Madheshi Front] to ensure the establishment of federal democratic republic in Nepal for multiparty democratic system of governance, to guarantee equality, freedom and justice for all, and to end all forms of discrimination. This Agreement shall be implemented at once. The points of agreement are as follows:
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: Respecting the sentiments and aspirations of the Madheshi people of Nepal, expressed during the protests and movements that they have organised time and again for equal rights, this Agreement was signed between the Government of Nepal and the Samyukta Loktantrik Madheshi Morcha [United Democratic Madheshi Front] to ensure the establishment of federal democratic republic in Nepal for multiparty democratic system of governance, to guarantee equality, freedom and justice for all, and to end all forms of discrimination. This Agreement shall be implemented at once. The points of agreement are as follows:

Page 1, 2: Nepal shall become a federal democratic republic by accepting people’s aspiration for a federal structure with autonomous regions, including the Madheshi people’s aspiration for an autonomous Madhesh state. In the federal structure, power between the Centre and the states shall be divided clearly according to a list. The states shall be fully autonomous and shall enjoy full rights. The structure, full details of the lists of the Centre and the states and the division of power between them shall be determined by the Constituent Assembly, keeping Nepal’s sovereignty and integrity intact.
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: 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: No specific mention.
Police: No specific mention.
Armed forces: Page 1, 4: The Government shall execute appointments, promotions and nominations in a manner that ensures inclusive and proportional participation of Madheshi people, Adivasi, Jananati, women, Dalits, backward regions and minority communities in all state bodies, including the security bodies.

Page 1, 5: Proportional, inclusive group entry of Madheshi people and other communities into the Nepal Army shall be ensured to impart national character to Nepal Army and to make it more inclusive.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: Page 1, 6: The Government of Nepal and the United Democratic Madheshi Front together request all armed groups agitating in the Terai to begin negotiations for a peaceful political process and to find solutions to all outstanding problems through dialogue. The Government of Nepal shall take necessary steps to create an environment conducive to this purpose. We appeal everyone to help conduct the Constituent Assembly election on April 10 in an environment which is peaceful, non-violent, impartial, fair and free of fear.
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: Page 1, 1: The State shall declare those killed during the Madhesh Movement as martyrs, and shall provide appropriate compensation to those maimed and yet to receive compensation. Similarly, arrangements shall be made for those injured during the Movement to receive medical expenses and those martyred shall be given due recognition and their families shall be provided with relief at the rate of Rs 1 million, and those arrested shall be immediately released.

Page 1, 7: The Government of Nepal shall immediately release all those who have been detained, withdraw cases filed against Madheshi leaders and party cadres of the Forum as well as of other parties, and immediately implement all other points of the 22-Point Agreement signed between the Government of Nepal and the Madheshi Janadhikar Forum on August 30, 2007.
Vetting: No specific mention.
Victims: Page 1, 1: The State shall declare those killed during the Madhesh Movement as martyrs, and shall provide appropriate compensation to those maimed and yet to receive compensation. Similarly, arrangements shall be made for those injured during the Movement to receive medical expenses and those martyred shall be given due recognition and their families shall be provided with relief at the rate of Rs 1 million, and those arrested shall be immediately released.
Missing persons: No specific mention.
Reparations: Transitional justice→Reparations→Material reparations
Page 1, 1: The State shall declare those killed during the Madhesh Movement as martyrs, and shall provide appropriate compensation to those maimed and yet to receive compensation. Similarly, arrangements shall be made for those injured during the Movement to receive medical expenses and those martyred shall be given due recognition and their families shall be provided with relief at the rate of Rs 1 million, and those arrested shall be immediately released.
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 2, The Government of Nepal shall be responsible for the constitutional, legal, political and administrative aspects of the issues mentioned in this Agreement. The Government shall form a high-level monitoring committee, comprising, among others, members of the Front, to monitor the implementation of this agreement.
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 Samyukta Loktantrik Madheshi Morcha

Respecting the sentiments and aspirations of the Madheshi people of Nepal, expressed during the protests and movements that they have organised time and again for equal rights, this Agreement was signed between the Government of Nepal and the Samyukta Loktantrik Madheshi Morcha [United Democratic Madheshi Front] to ensure the establishment of federal democratic republic in Nepal for multiparty democratic system of governance, to guarantee equality, freedom and justice for all, and to end all forms of discrimination.

This Agreement shall be implemented at once.

The points of agreement are as follows:

1. The State shall declare those killed during the Madhesh Movement as martyrs, and shall provide appropriate compensation to those maimed and yet to receive compensation.

Similarly, arrangements shall be made for those injured during the Movement to receive medical expenses and those martyred shall be given due recognition and their families shall be provided with relief at the rate of Rs 1 million, and those arrested shall be immediately released.

2. Nepal shall become a federal democratic republic by accepting people’s aspiration for a federal structure with autonomous regions, including the Madheshi people’s aspiration for an autonomous Madhesh state.

In the federal structure, power between the Centre and the states shall be divided clearly according to a list.

The states shall be fully autonomous and shall enjoy full rights.

The structure, full details of the lists of the Centre and the states and the division of power between them shall be determined by the Constituent Assembly, keeping Nepal’s sovereignty and integrity intact.

3. The existing legal provision of 20 per cent in Sub-section 14 of Section 7 of the Election of Members to the Constituent Assembly Act 2064 shall be changed to 30 per cent.

4. The Government shall execute appointments, promotions and nominations in a manner that ensures inclusive and proportional participation of Madheshi people, Adivasi, Jananati, women, Dalits, backward regions and minority communities in all state bodies, including the security bodies.

5. Proportional, inclusive group entry of Madheshi people and other communities into the Nepal Army shall be ensured to impart national character to Nepal Army and to make it more inclusive.

6. The Government of Nepal and the United Democratic Madheshi Front together request all armed groups agitating in the Terai to begin negotiations for a peaceful political process and to find solutions to all outstanding problems through dialogue.

The Government of Nepal shall take necessary steps to create an environment conducive to this purpose.

We appeal everyone to help conduct the Constituent Assembly election on April 10 in an environment which is peaceful, non-violent, impartial, fair and free of fear.

7. The Government of Nepal shall immediately release all those who have been detained, withdraw cases filed against Madheshi leaders and party cadres of the Forum as well as of other parties, and immediately implement all other points of the 22-Point Agreement signed between the Government of Nepal and the Madheshi Janadhikar Forum on August 30, 2007.

8. All protest programmes called by the United Democratic Madheshi Forum shall be immediately withdrawn.

The Government of Nepal shall be responsible for the constitutional, legal, political and administrative aspects of the issues mentioned in this Agreement.

The Government shall form a high-level monitoring committee, comprising, among others, members of the Front, to monitor the implementation of this agreement.

Signatories to the Agreement:

Sd.

Rajendra Mahato

National Chairperson

Sadbhavana Party

Sd.

Girija Prasad Koirala

Prime Minister

Government of Nepal

Sd.

Upendra Yadav

Central Coordinator

Madheshi Janadhikar Forum, Nepal

Sd.

Mahantha Thakur

Chairperson

Terai Madhesh Loktantrik Party

February 28, 2008