Agreement between the GoN and Akhil Terai Mukti Morcha (Sansthapan Paksha)

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Country/entity: Nepal
Region: Asia and Pacific
Agreement name: Agreement between the GoN and Akhil Terai Mukti Morcha (Sansthapan Paksha)
Date: 7 May 2010
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 GoN Talks Team
Sd.
Hon’ble Minister
Rakam Chemjong
Ministry of Peace and Reconstruction

On behalf of Akhil Terai Mukti Morcha
Sd.
Vivek Chaudhary
Coordinator
Third parties: -
Description: This agreement effectively creates a ceasefire between the two parties. The agreement provides for some confidence building measures between the parties and sets out some principles and process for future talks.

Agreement document: NP_100507_GoN and Sansthapan Paksha.pdf (opens in new tab) | Download PDF

Groups

Children/youth: No specific mention.
Disabled persons: Groups→Disabled persons→Substantive
Page 1, 6. Morcha shall make available to the Government of Nepal details, including names, of the leaders and activists injured in the course of the agitation launched by it within a month and the Government of Nepal shall bear treatment expenses [incurred on them].
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): 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: Page 1, 4: Morcha may carry out programmes such as political assemblies, rallies, workshops, seminars and interactions freely and peacefully in coordination with the District Administration Office concerned.
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: 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, 2: During the period of negotiation, the Government of Nepal shall provide security to the members of the Talks Team of Akhil Terai Mukti Morcha.
Ceasefire: Security sector→Ceasefire→Ceasefire provision
Page 1, 1: Akhil Terai Mukti Morcha [All Terai Liberation Front] shall renounce violence and shall not carry out any unlawful activities. The Government of Nepal shall treat the leaders and activists of the said group as political actors.
Police: No specific mention.
Armed forces: No specific mention.
DDR: Security sector→DDR→Demilitarisation provisions
Page 1, 5: In view of Akhil Terai Mukti Morcha joining the mainstream of the nation’s peace process, it shall hand over materials, including the illegal weapons kept by it, to the Government of Nepal within seven days of this Agreement.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: Page 1, 1: Akhil Terai Mukti Morcha [All Terai Liberation Front] shall renounce violence and shall not carry out any unlawful activities. The Government of Nepal shall treat the leaders and activists of the said group as political actors.

Page 1, 2: During the period of negotiation, the Government of Nepal shall provide security to the members of the Talks Team of Akhil Terai Mukti Morcha.

Page 1, 3: Akhil Terai Mukti Morcha shall make available details, including list of names, of the leaders and activists of the Morcha against whom cases have been filed on political grounds to the Government of Nepal and steps shall be taken to consecutively withdraw cases against them by following the due process of law after holding investigations within a month of the Ministry of Law and Justice receiving all documents necessary for their release.

Page 1, 4: Morcha may carry out programmes such as political assemblies, rallies, workshops, seminars and interactions freely and peacefully in coordination with the District Administration Office concerned.

Page 1, 5: In view of Akhil Terai Mukti Morcha joining the mainstream of the nation’s peace process, it shall hand over materials, including the illegal weapons kept by it, to the Government of Nepal within seven days of this Agreement.

Page 1, 6: Morcha shall make available to the Government of Nepal details, including names, of the leaders and activists injured in the course of the agitation launched by it within a month and the Government of Nepal shall bear treatment expenses [incurred on them].

Page 1, 7: The other demands submitted by Akhil Terai Mukti Morcha shall be discussed at the next round of talks and the date of talks shall be fixed on mutual understanding.
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, 3: Akhil Terai Mukti Morcha shall make available details, including list of names, of the leaders and activists of the Morcha against whom cases have been filed on political grounds to the Government of Nepal and steps shall be taken to consecutively withdraw cases against them by following the due process of law after holding investigations within a month of the Ministry of Law and Justice receiving all documents necessary for their release.
Courts: No specific mention.
Mechanism: No specific mention.
Prisoner release: Page 1, 3: Akhil Terai Mukti Morcha shall make available details, including list of names, of the leaders and activists of the Morcha against whom cases have been filed on political grounds to the Government of Nepal and steps shall be taken to consecutively withdraw cases against them by following the due process of law after holding investigations within a month of the Ministry of Law and Justice receiving all documents necessary for their release.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: Transitional justice→Reparations→Material reparations
Page 1, 6: Morcha shall make available to the Government of Nepal details, including names, of the leaders and activists injured in the course of the agitation launched by it within a month and the Government of Nepal shall bear treatment expenses [incurred on them].
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 Akhil Terai Mukti Morcha (Sansthapan Paksha)

Agreement concluded on May 07, 2010

1. Akhil Terai Mukti Morcha [All Terai Liberation Front] shall renounce violence and shall not carry out any unlawful activities.

The Government of Nepal shall treat the leaders and activists of the said group as political actors.

2. During the period of negotiation, the Government of Nepal shall provide security to the members of the Talks Team of Akhil Terai Mukti Morcha.

3. Akhil Terai Mukti Morcha shall make available details, including list of names, of the leaders and activists of the Morcha against whom cases have been filed on political grounds to the Government of Nepal and steps shall be taken to consecutively withdraw cases against them by following the due process of law after holding investigations within a month of the Ministry of Law and Justice receiving all documents necessary for their release.

4. Morcha may carry out programmes such as political assemblies, rallies, workshops, seminars and interactions freely and peacefully in coordination with the District Administration Office concerned.

5. In view of Akhil Terai Mukti Morcha joining the mainstream of the nation’s peace process, it shall hand over materials, including the illegal weapons kept by it, to the Government of Nepal within seven days of this Agreement.

6. Morcha shall make available to the Government of Nepal details, including names, of the leaders and activists injured in the course of the agitation launched by it within a month and the Government of Nepal shall bear treatment expenses [incurred on them].

7. The other demands submitted by Akhil Terai Mukti Morcha shall be discussed at the next round of talks and the date of talks shall be fixed on mutual understanding.

On behalf of GoN Talks Team

Sd.

Hon’ble Minister

Rakam Chemjong

Ministry of Peace and Reconstruction

On behalf of Akhil Terai Mukti Morcha

Sd.

Vivek Chaudhary

Coordinator