Agreement between the GoN and Madheshi Virus Killer Party

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Country/entity: Nepal
Region: Asia and Pacific
Agreement name: Agreement between the GoN and Madheshi Virus Killer Party
Date: 11 Dec 2008
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: Ceasefire/related
Conflict nature: Government/territory
Peace process: Nepal related-local processes
Parties: On behalf of Madheshi Virus Killers Party
Sd. Jaya Prakash Yadav
Coordinator

On behalf of GoN Talks Team
Sd. Janardhan Sharma ‘Prabhakar’
Coordinator
Third parties: -
Description: An agreement in which the Madheshi Virus Killer Party agree to suspend their violent activities and engage in dialogue with the Government of Nepal.

Agreement document: NP_081211_GoNandMadheshiVirusKillersParty.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: No specific mention.

State definition

Nature of state (general): Page 1, Untitled Preamble: On this day, December 11, 2008, a dialogue was held in a cordial atmosphere between the GoN Talks Team and the Talks Team formed on behalf of the Madheshi Virus Killers Party. With the belief that the institutional development and strengthening of Nepal’s progressive transformation and of the federal democratic republic can take place only through a new people-centric constitution, embracing the principles of sovereignty, integrity, national interest and national unity, an agreement was reached on the following to make the talks fruitful.
State configuration: Page 1, Untitled Preamble: On this day, December 11, 2008, a dialogue was held in a cordial atmosphere between the GoN Talks Team and the Talks Team formed on behalf of the Madheshi Virus Killers Party. With the belief that the institutional development and strengthening of Nepal’s progressive transformation and of the federal democratic republic can take place only through a new people-centric constitution, embracing the principles of sovereignty, integrity, national interest and national unity, an agreement was reached on the following to make the talks fruitful.
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: No specific mention.
Constitution: Governance→Constitution→Constitutional reform/making
Page 1, Untitled Preamble: On this day, December 11, 2008, a dialogue was held in a cordial atmosphere between the GoN Talks Team and the Talks Team formed on behalf of the Madheshi Virus Killers Party. With the belief that the institutional development and strengthening of Nepal’s progressive transformation and of the federal democratic republic can take place only through a new people-centric constitution, embracing the principles of sovereignty, integrity, national interest and national unity, an agreement was reached on the following to make the talks fruitful.

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: Page 1, Untitled Preamble: On this day, December 11, 2008, a dialogue was held in a cordial atmosphere between the GoN Talks Team and the Talks Team formed on behalf of the Madheshi Virus Killers Party. With the belief that the institutional development and strengthening of Nepal’s progressive transformation and of the federal democratic republic can take place only through a new people-centric constitution, embracing the principles of sovereignty, integrity, national interest and national unity, an agreement was reached on the following to make the talks fruitful.
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: Page 1, 1: The Government shall be responsible for the security of the members of the Talks Teams during the period of dialogue. Furthermore, it shall provide security to other agitating political groups operating in the Terai while coming to the negotiation table, throughout the period of dialogue and while going back to their destinations after the dialogue.
Ceasefire: Security sector→Ceasefire→Ceasefire provision
Page 1, 2: The Madheshi Virus Killers Party shall suspend its violent and aggressive activities during the period of dialogue. The GoN shall deal with the leaders and activists of the party as political actors.
Police: No specific mention.
Armed forces: No specific mention.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: Page 1, 1: The Government shall be responsible for the security of the members of the Talks Teams during the period of dialogue. Furthermore, it shall provide security to other agitating political groups operating in the Terai while coming to the negotiation table, throughout the period of dialogue and while going back to their destinations after the dialogue.

Page 1, 2: The Madheshi Virus Killers Party shall suspend its violent and aggressive activities during the period of dialogue. The GoN shall deal with the leaders and activists of the party as political actors.

Page 1, 4: In respect of other demands, they shall be grouped into those to be fulfilled by the Constituent Assembly and those that can be fulfilled by the Government immediately. Another round of talks shall be held for further discussion, as necessary. The date of talks shall be fixed with mutual agreement.
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, 3: The Madheshi Virus Killers Party shall make available to the GoN a list of the people arrested in the course of its agitation, and the GoN shall gradually release them after investigations.
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 Madheshi Virus Killers Party

On this day, December 11, 2008, a dialogue was held in a cordial atmosphere between the GoN Talks Team and the Talks Team formed on behalf of the Madheshi Virus Killers Party.

With the belief that the institutional development and strengthening of Nepal’s progressive transformation and of the federal democratic republic can take place only through a new people-centric constitution, embracing the principles of sovereignty, integrity, national interest and national unity, an agreement was reached on the following to make the talks fruitful.

1. The Government shall be responsible for the security of the members of the Talks Teams during the period of dialogue.

Furthermore, it shall provide security to other agitating political groups operating in the Terai while coming to the negotiation table, throughout the period of dialogue and while going back to their destinations after the dialogue.

2. The Madheshi Virus Killers Party shall suspend its violent and aggressive activities during the period of dialogue.

The GoN shall deal with the leaders and activists of the party as political actors.

3. The Madheshi Virus Killers Party shall make available to the GoN a list of the people arrested in the course of its agitation, and the GoN shall gradually release them after investigations.

4. In respect of other demands, they shall be grouped into those to be fulfilled by the Constituent Assembly and those that can be fulfilled by the Government immediately.

Another round of talks shall be held for further discussion, as necessary.

The date of talks shall be fixed with mutual agreement.

On behalf of Madheshi Virus Killers Party

Sd. Jaya Prakash Yadav

Coordinator

On behalf of GoN Talks Team

Sd. Janardhan Sharma ‘Prabhakar’

Coordinator