Agreement between the GoN and Madhesh Mukti Tigers

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Country/entity: Nepal
Region: Asia and Pacific
Agreement name: Agreement between the GoN and Madhesh Mukti Tigers
Date: 20 Mar 2009
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 Madhesh Mukti Tigers
Sd.
Bhola Prasad Mukhiya
Coordinator

On behalf of GoN Talks Team
Sd.
Janardhan Sharma ‘Prabhakar’
Coordinator
Third parties: -
Description: An agreement in which the Madhesh Mukti Tigers agree to suspend violent activities and enter into talks with the Government of Nepal

Agreement document: NP_090320_GoN and Madhesh Mukti Tigers.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 March 20, 2009, dialogue was held in a cordial atmosphere between the Talks Team of the Government of Nepal (GoN) and the Talks Team of the Madhesh Mukti Tigers [Madhesh Liberation Tigers] in Kathmandu. For the institutional development and strengthening of Nepal’s progressive transformation and the federal democratic republic, the process of drafting a new people-centric constitution is taking pace. With the belief that it is possible to grant rights to all classes, castes, regions, genders and communities through the new constitution, remaining committed to aiding the tasks of constitution drafting process and peace process to reach its logical conclusion in order to ensure the identity and rights to all; embracing the principles of sovereignty, integrity, national interest and national unity, an agreement was reached on the following points.
State configuration: Page 1, Untitled Preamble: On March 20, 2009, dialogue was held in a cordial atmosphere between the Talks Team of the Government of Nepal (GoN) and the Talks Team of the Madhesh Mukti Tigers [Madhesh Liberation Tigers] in Kathmandu. For the institutional development and strengthening of Nepal’s progressive transformation and the federal democratic republic, the process of drafting a new people-centric constitution is taking pace. With the belief that it is possible to grant rights to all classes, castes, regions, genders and communities through the new constitution, remaining committed to aiding the tasks of constitution drafting process and peace process to reach its logical conclusion in order to ensure the identity and rights to all; embracing the principles of sovereignty, integrity, national interest and national unity, an agreement was reached on the following points.
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 March 20, 2009, dialogue was held in a cordial atmosphere between the Talks Team of the Government of Nepal (GoN) and the Talks Team of the Madhesh Mukti Tigers [Madhesh Liberation Tigers] in Kathmandu. For the institutional development and strengthening of Nepal’s progressive transformation and the federal democratic republic, the process of drafting a new people-centric constitution is taking pace. With the belief that it is possible to grant rights to all classes, castes, regions, genders and communities through the new constitution, remaining committed to aiding the tasks of constitution drafting process and peace process to reach its logical conclusion in order to ensure the identity and rights to all; embracing the principles of sovereignty, integrity, national interest and national unity, an agreement was reached on the following points.

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: Page 1, Untitled Preamble: On March 20, 2009, dialogue was held in a cordial atmosphere between the Talks Team of the Government of Nepal (GoN) and the Talks Team of the Madhesh Mukti Tigers [Madhesh Liberation Tigers] in Kathmandu. For the institutional development and strengthening of Nepal’s progressive transformation and the federal democratic republic, the process of drafting a new people-centric constitution is taking pace. With the belief that it is possible to grant rights to all classes, castes, regions, genders and communities through the new constitution, remaining committed to aiding the tasks of constitution drafting process and peace process to reach its logical conclusion in order to ensure the identity and rights to all; embracing the principles of sovereignty, integrity, national interest and national unity, an agreement was reached on the following points.
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 March 20, 2009, dialogue was held in a cordial atmosphere between the Talks Team of the Government of Nepal (GoN) and the Talks Team of the Madhesh Mukti Tigers [Madhesh Liberation Tigers] in Kathmandu. For the institutional development and strengthening of Nepal’s progressive transformation and the federal democratic republic, the process of drafting a new people-centric constitution is taking pace. With the belief that it is possible to grant rights to all classes, castes, regions, genders and communities through the new constitution, remaining committed to aiding the tasks of constitution drafting process and peace process to reach its logical conclusion in order to ensure the identity and rights to all; embracing the principles of sovereignty, integrity, national interest and national unity, an agreement was reached on the following points.
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, 1L The GoN shall be responsible for the security of the members of the Talks Team during the period of dialogue.
Ceasefire: Security sector→Ceasefire→Ceasefire provision
Page 1, 2: The Madhesh Mukti Tigers shall cease its violent and aggressive activities and shall not engage in any unlawful activities. The GoN shall treat the group leaders and activists 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, 2: The Madhesh Mukti Tigers shall cease its violent and aggressive activities and shall not engage in any unlawful activities. The GoN shall treat the group leaders and activists as political actors.

Page 1, 4: The Madhesh Mukti Tigers shall furnish its list of additional demands at the next round of talk and the date of talk 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 Madhesh Mukti Tigers shall make available a list of persons imprisoned in the course of agitation to the GoN, 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 Madhesh Mukti Tigers

On March 20, 2009, dialogue was held in a cordial atmosphere between the Talks Team of the Government of Nepal (GoN) and the Talks Team of the Madhesh Mukti Tigers [Madhesh Liberation Tigers] in Kathmandu.

For the institutional development and strengthening of Nepal’s progressive transformation and the federal democratic republic, the process of drafting a new people-centric constitution is taking pace.

With the belief that it is possible to grant rights to all classes, castes, regions, genders and communities through the new constitution, remaining committed to aiding the tasks of constitution drafting process and peace process to reach its logical conclusion in order to ensure the identity and rights to all;

embracing the principles of sovereignty, integrity, national interest and national unity, an agreement was reached on the following points.

1. The GoN shall be responsible for the security of the members of the Talks Team during the period of dialogue.

2. The Madhesh Mukti Tigers shall cease its violent and aggressive activities and shall not engage in any unlawful activities.

The GoN shall treat the group leaders and activists as political actors.

3. The Madhesh Mukti Tigers shall make available a list of persons imprisoned in the course of agitation to the GoN, and the GoN shall gradually release them after investigations.

4. The Madhesh Mukti Tigers shall furnish its list of additional demands at the next round of talk and the date of talk shall be fixed with mutual agreement.

On behalf of Madhesh Mukti Tigers

Sd.

Bhola Prasad Mukhiya

Coordinator

On behalf of GoN Talks Team

Sd.

Janardhan Sharma ‘Prabhakar’

Coordinator