25-Point Ceasefire Code of Conduct Agreed between the Government of Nepal and SPN (Maoist)

Export agreement:

Export agreement coding (PDF)

Country/entity: Nepal
Region: Asia and Pacific
Agreement name: 25-Point Ceasefire Code of Conduct Agreed between the Government of Nepal and SPN (Maoist)
Date: 25 May 2006
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: Ceasefire/related
Conflict nature: Government
Peace process: Nepal peace process
Parties: On behalf of the CPN (Maoist) Coordinator: Krishna Bahadur Mahara
On behalf of the Govt. of Nepal Coordinator: KrishnaPrasad Sitaula
Third parties: -
Description: A ceasefire code of conduct establishing rules for the two parties in which they agree to guarantee a fearless civilian life by avoiding engaging in any hostile military activity. They undertake to create a peaceful environment, refrain from using any hostile language, halt collecting any form of levy and to facilitate the functioning of essential services to the people. They also agree to release all prisoners, engage in further talks and to request for internationalPage monitoring of the ceasefire agreement.

Agreement document: NP_060525_Code of Conduct for Ceasefire.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: Groups→Refugees/displaced persons→Rhetorical
Page 3, Release and Rehabilitation, para 18: To assist to the displaced persons to return to their respective houses and on the act of peaceful, comfortable and dignifiedly rehabilitation thereof.
Social class: No specific mention.

Gender

Women, girls and gender: No specific mention.
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: page 3, Release and Rehabilitation, para 19: To return the properties that are seized, locked up or prohibited to use during the conflict, of the leaders and the workers of political parties and public -in- general, to the concerned persons or families and to allow them to consume. To resolve the problems through the mutual agreement, this may arise while returning the properties

State definition

Nature of state (general): Page 1, preamble: ...Expressing commitment towards democratic values and norms, including a competitive multi-party system of governance, civil liberties, fundamental rights, human rights, press freedom and the concept of the rule of law;
Guaranteeing the fundamental rights of the Nepali people to participate in the process of framing a constitution through participating in the election of constitution assembly without being influenced by any fear, threats, or violence; and
Placing in centre the democracy, peace, prosperity, and progressive social change, and the independence, sovereignty, and dignity of the country;...
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: Page 1, preamble: Guaranteeing the fundamental rights of the Nepali people to participate in the process of framing a constitution through participating in the election of constitution assembly without being influenced by any fear, threats, or violence;...
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: Page 2, Creating an environment of trust among the people, para 7: Not to make any hindrance and give any mental and physical pressure from either side to the workers of political parties and members of social organizations or individuals to disseminate their opinion, to conduct meetings and assemblies, to conduct the act of extending organizations through movement around any part of the country.

Page 3, Facilitating in the Negotiations, para 20: No hurdle or of any obstruction shall be created in the movement and activities of individuals of both the parties involving in the negotiations.
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: Governance→Constitution→Constitutional reform/making
Page 1, preamble: Guaranteeing the fundamental rights of the Nepali people to participate in the process of framing a constitution through participating in the election of constitution assembly without being influenced by any fear, threats, or violence;...

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, preamble;...Remaining committed towards the Universal Declaration of Human Rights 1948, and the basic principles and norms concerning international humanitarian law and human rights;...
...Expressing commitment towards democratic values and norms, including a competitive multi-party system of governance, civil liberties, fundamental rights, human rights, press freedom and the concept of the rule of law;
Guaranteeing the fundamental rights of the Nepali people to participate in the process of framing a constitution through participating in the election of constitution assembly without being influenced by any fear, threats, or violence; and
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: Human rights and equality→Civil and political rights→Freedom of movement
Page 2, Creating an environment of trust among the people, para 7: Not to make any hindrance and give any mental and physical pressure from either side to the workers of political parties and members of social organizations or individuals to disseminate their opinion, to conduct meetings and assemblies, to conduct the act of extending organizations through movement around any part of the country.
Human rights and equality→Civil and political rights→Freedom of association
Page 3, Creating an environment of trust among the people, para 7: Not to make any hindrance and give any mental and physical pressure from either side to the workers of political parties and members of social organizations or individuals to disseminate their opinion, to conduct meetings and assemblies, to conduct the act of extending organizations through movement around any part of the country.

Page 2, On basic services to the people, the development and construction, para 8: No programs like general strike and transport strike shall be organized during the period of ceasefire. However, peaceful assemblies and processions may be organized.
Human rights and equality→Civil and political rights→Vote and take part
page 1, preamble: ...Guaranteeing the fundamental rights of the Nepali people to participate in the process of framing a constitution through participating in the election of constitution assembly without being influenced by any fear, threats, or violence;...
Human rights and equality→Civil and political rights→Thought, opinion, conscience and religion
Page 2, Creating an environment of trust among the people, para 7: Not to make any hindrance and give any mental and physical pressure from either side to the workers of political parties and members of social organizations or individuals to disseminate their opinion, to conduct meetings and assemblies, to conduct the act of extending organizations through movement around any part of the country.
Socio-economic rights: Human rights and equality→Socio-economic rights→Health
Page 2, On basic services to the people, the development and construction, para 11: No restriction imposed nor hindrance created transport food, medicines, development and construction materials and goods for daily consumption.
Human rights and equality→Socio-economic rights→Adequate standard of living
Page 2, On basic services to the people, the development and construction, para 11: No restriction imposed nor hindrance created transport food, medicines, development and construction materials and goods for daily consumption.

Rights related issues

Citizenship: Rights related issues→Citizenship→Citizen, general
Page 2, Release and Rehabilitation, para 17: To disclose, as soon as possible, the whereabouts of the citizens who have been disappeared thereof.
Democracy: Page 1, Preamble: Respecting the popular mandate expressed through the historic people’s movement in favor of full democracy, progress and peace;...Expressing commitment towards democratic values and norms, including a competitive multi-party system of governance, civil liberties, fundamental rights, human rights, press freedom and the concept of the rule of law;...Placing in centre the democracy, peace, prosperity, and progressive social change, and the independence, sovereignty, and dignity of the country...
Detention procedures: No specific mention.
Media and communication: Rights related issues→Media and communication→Media roles
Page 1, preamble: ...Expressing commitment towards democratic values and norms, including a competitive multi-party system of governance, civil liberties, fundamental rights, human rights, press freedom and the concept of the rule of law;...

Page 2, Support from media for the peace talks:
13. To circulate information in favor of ceasefire, code of conduct, and while conducting to peace process and political dissemination use cultured and dignified language.
14. No one shall express one's statement through media in a manner of having adverse impact to the negotiations and the peace process.
Mobility/access: Page 2, On basic services to the people, the development and construction, para 8: No programs like general strike and transport strike shall be organized during the period of ceasefire. However, peaceful assemblies and
processions may be organized.

Page 2, On basic services to the people, the development and construction, para 9: To allow the essential services and facilities to the people to be operated without any restriction.

Page 2, On basic services to the people, the development and construction, para 11: No restriction imposed nor hindrance created transport food, medicines, development and construction materials and goods for daily consumption.
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 2, On basic services to the people, the development and construction, para 10: Not to create any hindrance in peacefully carrying out the regular development works and other works for the interest of the people.

Page 2, Operation of educational institutions, Hospitals and industrial enterprises, para 12: To create an environment for the smooth operation of schools, colleges, universities, hospitals, health centers and industrial enterprises from both the sides.
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 2, Ensuring a fearless civic life, para 3: Not to attack or commit disruptive acts in each other’s military or security units, not to carry out actions like laying down land mines or setting up ambushes, not to recruit new people in their respective armies and not to spy.
Ceasefire: Security sector→Ceasefire→Ceasefire provision
Code of conduct for ceasefire commenced on 26/05/2006. Ceasefire is presumed to be permanent.

The whole agreement provides for a ceasefire and its modalities.
Police: No specific mention.
Armed forces: Page 1, Ensuring a fearless civic life, para 2: Both the parties shall not mobilize, demonstrate or use their armed forces in a manner that may spread fear amongst the people -in-general.

Page 1, Ensuring a fearless civic life, para 3: Not to attack or commit disruptive acts in each other’s military or security units, not to carry out actions like laying down land mines or setting up ambushes, not to recruit new people in their respective armies and not to spy.

Page 1, Ensuring a fearless civic life, para 5: Regarding the issue of management of arms and armies, the discussion and understanding will be continued on the basis of mutual consent.

Page 1, Creating an environment of trust among the people, para 6: Both the parties will not participate in public meetings, conference or any other political activities in combat dresses or in possession of arms.
DDR: No specific mention.
Intelligence services: Page 2,Ensuring a fearless civic life, para 3: Not to attack or commit disruptive acts in each other’s military or security units, not to carry out actions like laying down land mines or setting up ambushes, not to recruit new people in their respective armies and not to spy.
Parastatal/rebel and opposition group forces: No specific mention.
Withdrawal of foreign forces: No specific mention.
Corruption: Page 2, Not to collect donation and financial support forcefully, para 15: Not to collect or mobilize donation or financial support, in cash or in kinds or services against one’s will.
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→Amnesty/pardon proper
Page 2, Release and Rehabilitation, para 16: To withdraw the accusation, prosecution and cases induced against various individuals by both the parties and release the detainees gradually.
Courts: No specific mention.
Mechanism: No specific mention.
Prisoner release: Page 2, Release and Rehabilitation, para 16: To withdraw the accusation, prosecution and cases induced against various individuals by both the parties and release the detainees gradually.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: Page 2, Release and Rehabilitation, para 17: To disclose, as soon as possible, the whereabouts of the citizens who have been disappeared thereof.
Reparations: Transitional justice→Reparations→Material reparations
Page 3, Release and Rehabilitation, para 19: To return the properties that are seized, locked up or prohibited to use during the conflict, of the leaders and the workers of political parties and public -in- general, to the concerned persons or families and to allow them to consume. To resolve the problems through the mutual agreement, this may arise while returning the properties
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: Page 3, Monitoring, para 21: Monitor of ceasefire by national and international monitoring teams shall be caused to be done on the basis of mutual agreement between both the parties.
Enforcement mechanism: page 3, Monitoring, para 21: Monitor of ceasefire by national and international monitoring teams shall be caused to be done on the basis of mutual agreement between both the parties.

Page 3, Miscellaneous, para 22: If any dispute arises in the interpretation of this code of conduct, the problem shall be resolved through the agreement of both the parties.
Related cases: No specific mention.
Source: Government of Nepal Peace Secretariat: http://www.ncf.org.np/upload/files/775_en_cover%20and%20con.pdf

The Code of Conduct for Ceasefire agreed between the Government of Nepal and the CPN (Maoist) on 25 May 2006 at Gokarna

Preamble

Respecting the popular mandate expressed through the historic people’s movement in favor of full democracy, progress and peace;

Remaining committed towards the Universal Declaration of Human Rights 1948, and the basic principles and norms concerning international

humanitarian law and human rights;

Expressing commitment to fully comply with the 12 points understanding reached between the seven political parties and the CPN (Maoists);

Expressing commitment towards democratic values and norms, including a competitive multi-party system of governance, civil liberties, fundamental rights, human rights, press freedom and the concept of the rule of law;

Guaranteeing the fundamental rights of the Nepali people to participate in the process of framing a constitution through participating in the election of constitution assembly without being influenced by any fear, threats, or violence;

and

Placing in centre the democracy, peace, prosperity, and progressive social change, and the independence, sovereignty, and dignity of the country;

Code of Conduct as follow has been issued as per the desire of the Nepali people in order to transform the ceasefire between the Government of Nepal and the CPN (Maoists) into a permanent peace and resolve the problem peacefully through negotiations.

Ensuring a fearless civic life

1. Not to make any public statement or do any other activities which may provoke each other.

2. Both the parties shall not mobilize, demonstrate or use their armed forces in a manner that may spread fear amongst the people -in general.

3. Not to attack or commit disruptive acts in each other’s military or security units, not to carry out actions like laying down land mines or setting up ambushes, not to recruit new people in their respective armies and not to spy.

4. Extend mutual cooperation from both parties in order to maintain peace and order.

5. Regarding the issue of management of arms and armies, the discussion and understanding will be continued on the basis of mutual consent.

Creating an environment of trust among the people

6. Both the parties will not participate in public meetings, conference or any other political activities in combat dresses or in possession of arms.

7. Not to make any hindrance and give any mental and physical pressure from either side to the workers of political parties and members of social organizations or individuals to disseminate their opinion, to conduct meetings and assemblies, to conduct the act of extending organizations through movement around any part of the country.

On basic services to the people, the development and construction

8. No programs like general strike and transport strike shall be organized during the period of ceasefire.

However, peaceful assemblies and processions may be organized.

9. To allow the essential services and facilities to the people to be operated without any restriction.

10. Not to create any hindrance in peacefully carrying out the regular development works and other works for the interest of the people.

11. No restriction imposed nor hindrance created transport food, medicines, development and construction materials and goods for daily consumption.

Operation of educational institutions, Hospitals and industrial enterprises

12. To create an environment for the smooth operation of schools, colleges, universities, hospitals, health centers and industrial enterprises from both the sides.

Support from media for the peace talks

13. To circulate information in favor of ceasefire, code of conduct, and while conducting to peace process and political dissemination use cultured and dignified language.

14. No one shall express one's statement through media in a manner of having adverse impact to the negotiations and the peace process.

Not to collect donation and financial support forcefully

15. Not to collect or mobilize donation or financial support, in cash or in kinds or services against one’s will.

Release and rehabilitation

16. To withdraw the accusation, prosecution and cases induced against various individuals by both the parties and release the detainees gradually.

17. To disclose, as soon as possible, the whereabouts of the citizens who have been disappeared thereof.

18. To assist to the displaced persons to return to their respective houses and on the act of peaceful, comfortable and dignifiedly rehabilitation

thereof.

19. To return the properties that are seized, locked up or prohibited to use during the conflict, of the leaders and the workers of political parties

and public -in- general, to the concerned persons or families and to allow them to consume.

To resolve the problems through the mutual

agreement, this may arise while returning the properties

20. Facilitating in the Negotiations

No hurdle or of any obstruction shall be created in the movement and activities of individuals of both the parties involving in the negotiations.

Monitoring

21. Monitor of ceasefire by national and international monitoring teams shall be caused to be done on the basis of mutual agreement between both the parties.

Miscellaneous

22. If any dispute arises in the interpretation of this code of conduct, the problem shall be resolved through the agreement of both the parties.

23. Alternation or amendments in the code of conduct may be made through the agreement of both the parties in accordance with the spirit of the preamble.

24. This code of conduct shall commence immediate after its signature.

25. This code of conduct shall be made in public after its signature.

On behalf of the CPN (Maoist)

Coordinator:

Krishna Bahadur Mahara

On behalf of the Govt.

of Nepal

Coordinator:

Krishna Prasad Sitaula