Agreement of the Third Round Negotiations between the Government of Nepal and CPN (Maoists) at the Prime Minister's Baluwatar and 8-Point Agreement

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Country/entity: Nepal
Region: Asia and Pacific
Agreement name: Agreement of the Third Round Negotiations between the Government of Nepal and CPN (Maoists) at the Prime Minister's Baluwatar and 8-Point Agreement
Date: 16 Jun 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: Pre-negotiation/process
Conflict nature: Government
Peace process: Nepal peace process
Parties: Third Round negotiations: On behalf of the CPN-Maoist, Coordinator: Krishna Bahadur Mahara
On behalf of the Government of Nepal, Coordinator: Krishna Prasad Sitaula

8 point agreement: On behalf of CPN (Maoists): Prachanda Chairman CPN (Maoists);

On behalf of the Seven Political Parties:
Shree Girija Prasad Koirala, Prime Minister and President, Nepali Congress;
Shree Madhav Kumar, Nepal General Secretary, CPN (UML);
Shree Sher Bahadur Deuba President, Nepali Congress (Democratic);
Shree Amik Sherchan, Deputy Prime Minister and Chairperson, Janamorcha Nepal;
Shree Narayan Man Bijhuckchhe President, Nepal Majdur Kisan Party;
Shree Bharat Bimal Yadav Vice President, Nepal Sadbhavana Party (Anandidevi);
Shree Prabhu Narayan Chaudary Minister and Chairperson Bammorcha, Nepal.
Third parties: -
Description: A short agreement reaffirming commitments to previous agreements, outlining areas for future talks, requesting UN assistance with DDR and election monitoring, and forming the committee to draft the interim constitution.

Agreement document: NP_060526_Third Round Negotiations.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: Groups→Racial/ethnic/national group→Rhetorical
Page 2, Eight-Point Agreement of the Top leaders, 7: To make a forward-looking restructuring of the state so as to resolve the class-based, racial, regional and gender-based problems through the election of constituent assembly. To transform the ceasefire held between the Government of Nepal and CPN(Maoists) into a permanent peace by keeping in the centre the democracy, peace, prosperity, progress and the independence, sovereignty and dignity of the country, and to express commitment to resolve the problem through negotiations.
Religious groups: No specific mention.
Indigenous people: No specific mention.
Other groups: Groups→Other groups→Rhetorical
Page 2, Eight-Point Agreement of the Top leaders, 7: To make a forward-looking restructuring of the state so as to resolve the class-based, racial, regional and gender-based problems through the election of constituent assembly. To transform the ceasefire held between the Government of Nepal and CPN(Maoists) into a permanent peace by keeping in the centre the democracy, peace, prosperity, progress and the independence, sovereignty and dignity of the country, and to express commitment to resolve the problem through negotiations.
Refugees/displaced persons: No specific mention.
Social class: Groups→Social class→Rhetorical
Page 2, Eight-Point Agreement of the Top leaders, 7: To make a forward-looking restructuring of the state so as to resolve the class-based, racial, regional and gender-based problems through the election of constituent assembly. To transform the ceasefire held between the Government of Nepal and CPN(Maoists) into a permanent peace by keeping in the centre the democracy, peace, prosperity, progress and the independence, sovereignty and dignity of the country, and to express commitment to resolve the problem through negotiations.

Gender

Women, girls and gender: Page 2, Eight-Point Agreement of the Top leaders, 7: To make a forward-looking restructuring of the state so as to resolve the class-based, racial, regional and gender-based problems through the election of constituent assembly. To transform the ceasefire held between the Government of Nepal and CPN(Maoists) into a permanent peace by keeping in the centre the democracy, peace, prosperity, progress and the independence, sovereignty and dignity of the country, and to express commitment to resolve the problem through negotiations.
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: No specific mention.

State definition

Nature of state (general): Page 2, Eight-Point Agreement of the Top leaders, 2: To express the commitment to democratic norms and values including competitive multi-party governance system, civic liberties, fundamental rights, human rights, press freedom, and the concept of rule of law, and carry out each other’s activities accordingly in a peaceful manner.

Page 26, Eight-Point Agreement of the Top leaders, 7: To make a forward-looking restructuring of the state so as to resolve the class-based, racial, regional and gender-based problems through the election of constituent assembly. To transform the ceasefire held between the Government of Nepal and CPN(Maoists) into a permanent peace by keeping in the centre the democracy, peace, prosperity, progress and the independence, sovereignty and dignity of the country, and to express commitment to resolve the problem through negotiations.
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): Governance→Political institutions (new or reformed)→General references
Page 2, Eight-Point Agreement of the Top leaders, 6: To guarantee the fundamental right of Nepali people to participate in the constitution making process without any fear, influence, threat and violence in the election of constituent assembly. To make a provision for international observation and monitoring during the elections as per the need.

Page 2, Eight-Point Agreement of the Top leaders, 7: To make a forward-looking restructuring of the state so as to resolve the class-based, racial, regional and gender-based problems through the election of constituent assembly. To transform the ceasefire held between the Government of Nepal and CPN(Maoists) into a permanent peace by keeping in the centre the democracy, peace, prosperity, progress and the independence, sovereignty and dignity of the country, and to express commitment to resolve the problem through negotiations.

Page 2, Eight-Point Agreement of the Top leaders, 7: To make a forward-looking restructuring of the state so as to resolve the class-based, racial, regional and gender-based problems through the election of constituent assembly. To transform the ceasefire held between the Government of Nepal and CPN(Maoists) into a permanent peace by keeping in the centre the democracy, peace, prosperity, progress and the independence, sovereignty and dignity of the country, and to express commitment to resolve the problem through negotiations.
Governance→Political institutions (new or reformed)→Temporary new institutions
Page 2, Eight-Point Agreement of the Top leaders, 4: To frame an interim constitution to form an interim government accordingly; announce the date of the election for constituent assembly to dissolve the House of Representatives by making another alternative arrangement through consensus and to dissolve the People’s Governments formed by the CPN (Maoists). by ensuring the democratic rights achieved through the Peoples Movement in 1990 and the recent historic People’s Movement, and by making base to the commitment expressed in the 12-points understanding and the spirit of the preamble of the Code of Conduct on Ceasefire;
Elections: Page 2, Eight-Point Agreement of the Top leaders, 3: To request the United Nations to assist in the management of the armies and arms of both the parties and to monitor them for a free and fair election of the Constituent Assembly.

Page 2, Eight-Point Agreement of the Top leaders, 4: To frame an interim constitution to form an interim government accordingly; announce the date of the election for constituent assembly to dissolve the House of Representatives by making another alternative arrangement through consensus and to dissolve the People’s Governments formed by the CPN (Maoists). by ensuring the democratic rights achieved through the Peoples Movement in 1990 and the recent historic People’s Movement, and by making base to the commitment expressed in the 12-points understanding and the spirit of the preamble of the Code of Conduct on Ceasefire;

Page 2, Eight-Point Agreement of the Top leaders, 6: To guarantee the fundamental right of Nepali people to participate in the constitution making process without any fear, influence, threat and violence in the election of constituent assembly. To make a provision for international observation and monitoring during the elections as per the need.
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, Agreement of the Third Round Negotiations between the Government of Nepal and CPN (Maoists) at the Prime Minister's Baluwatar: The following agreement has been reached between the Government of Nepal and the CPN (Maoists):
Ensuring the people's rights obtained by the people through the people's movement in 1990, the commitment expressed in 12 points understanding between the Seven Political Parties and the CPN (Maoists) and democratic rights achieved through the recently held historical peoples movement, the interim constitution drafting committee as follow has been formed to prepare a draft of the interim constitution as per the spirit of preamble of the Code of Conduct agreed between the Government of Nepal and the CPN (Maoists) on 26 May 2006:-
1. Coordinator Mr. Laxman Prasad Aryal
2. Member Mr. Harihar Dahal
3. Member Mr. Sindhu Nath Pyakurel
4. Member Mr. Sambhu Thapa
5. Member Mr. Mahadev Yadav
6. Member Mr. Khimlal Devkota

The committee shall prepare and present a draft to the Government- Maoist Negotiating Team within 15 days and the Negotiating team shall submit the draft to the Government -Maoists high level negotiation as per the direction of the negotiation.

Page 2, Eight-Point Agreement of the Top leaders, 4: To frame an interim constitution to form an interim government accordingly; announce the date of the election for constituent assembly to dissolve the House of Representatives by making another alternative arrangement through consensus and to dissolve the People’s Governments formed by the CPN (Maoists). by ensuring the democratic rights achieved through the Peoples Movement in 1990 and the recent historic People’s Movement, and by making base to the commitment expressed in the 12-points understanding and the spirit of the preamble of the Code of Conduct on Ceasefire;

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 2, Eight-Point Agreement of the Top leaders, 2: To express the commitment to democratic norms and values including competitive multi-party governance system, civic liberties, fundamental rights, human rights, press freedom, and the concept of rule of law, and carry out each other’s activities accordingly in a peaceful manner.
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: Human rights and equality→Civil and political rights→Vote and take part
Page 2, Eight-Point Agreement of the Top leaders, 6: To guarantee the fundamental right of Nepali people to participate in the constitution making process without any fear, influence, threat and violence in the election of constituent assembly. To make a provision for international observation and monitoring during the elections as per the need.
Socio-economic rights: They are to bring about a forward-looking restructuring of the state so as to resolve class-based, racial, regional

Rights related issues

Citizenship: No specific mention.
Democracy: Page 1, Agreement of the Third Round Negotiations between the Government of Nepal and CPN (Maoists) at the Prime Minister's Baluwatar: Ensuring the people's rights obtained by the people through the people's movement in 1990, the commitment expressed in 12 points understanding between the Seven Political Parties and the CPN (Maoists) and democratic rights achieved through the recently held historical peoples movement, the interim constitution drafting committee as follow has been formed to prepare a draft of the interim constitution as per the spirit of preamble of the Code of Conduct agreed between the Government of Nepal and the CPN (Maoists) on 26 May 2006.

Page 2, Eight-Point Agreement of the Top leaders, 2: To express the commitment to democratic norms and values including competitive multi-party governance system, civic liberties, fundamental rights, human rights, press freedom, and the concept of rule of law, and carry out each other’s activities accordingly in a peaceful manner.

Page 2, Eight-Point Agreement of the Top leaders, 4: To frame an interim constitution to form an interim government accordingly; announce the date of the election for constituent assembly to dissolve the House of Representatives by making another alternative arrangement through consensus and to dissolve the People’s Governments formed by the CPN (Maoists). by ensuring the democratic rights achieved through the Peoples Movement in 1990 and the recent historic People’s Movement, and by making base to the commitment expressed in the 12-points understanding and the spirit of the preamble of the Code of Conduct on Ceasefire;
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: Security sector→Ceasefire→Ceasefire provision
ceasefire agreed on 26/05/06 and is presumed to be permanent.

Page 2, Eight-Point Agreement of the Top leaders, 1: To implement effectively and honestly the 12-points understanding reached between the Seven Political Parties and the CPN (Maoists) on November 22, 2005 and the 25-points Code of Conduct on Ceasefire reached in agreement between the Government of Nepal and CPN (Maoists) and made public by the Government -Maoist Negotiating team on 26 May 2006.

Page 2, Eight-Point Agreement of the Top leaders, 7: To make a forward-looking restructuring of the state so as to resolve the class-based, racial, regional and gender-based problems through the election of constituent assembly. To transform the ceasefire held between the Government of Nepal and CPN(Maoists) into a permanent peace by keeping in the centre the democracy, peace, prosperity, progress and the independence, sovereignty and dignity of the country, and to express commitment to resolve the problem through negotiations.
Police: No specific mention.
Armed forces: Page 2, Eight-Point Agreement of the Top leaders, 3: To request the United Nations to assist in the management of the armies and arms of both the parties and to monitor them for a free and fair election of the Constituent Assembly.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: No specific mention.
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: No specific mention.
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: Page 2, Eight-Point Agreement of the Top leaders, 3: To request the United Nations to assist in the management of the armies and arms of both the parties and to monitor them for a free and fair election of the Constituent Assembly.

Page 2, Eight-Point Agreement of the Top leaders, 6: To guarantee the fundamental right of Nepali people to participate in the constitution making process without any fear, influence, threat and violence in the election of constituent assembly. To make a provision for international observation and monitoring during the elections as per the need.
Enforcement mechanism: Page 1, Agreement of the Third Round Negotiations between the Government of Nepal and CPN (Maoists) at the Prime Minister's Baluwatar: ...The committee shall prepare and present a draft to the Government- Maoist Negotiating Team within 15 days and the Negotiating team shall submit the draft to the Government -Maoists high level negotiation as per the direction of the negotiation.

Page 2, Eight-Point Agreement of the Top leaders, 3: To request the United Nations to assist in the management of the armies and arms of both the parties and to monitor them for a free and fair election of the Constituent Assembly.

Page 2, Eight-Point Agreement of the Top leaders, 6: To guarantee the fundamental right of Nepali people to participate in the constitution making process without any fear, influence, threat and violence in the election of constituent assembly. To make a provision for international observation and monitoring during the elections as per the need.
Related cases: No specific mention.
Source: Government of Nepal Peace Secretariat: http://www.ncf.org.np/upload/files/775_en_cover%20and%20con.pdf

Agreement of the Third Round Negotiations between the Government of Nepal and CPN (Maoists) at the Prime Minister's Baluwatar

The following agreement has been reached between the Government of Nepal and the CPN (Maoists):

Ensuring the people's rights obtained by the people through the people's movement in 1990, the commitment expressed in 12 points understanding between the Seven Political Parties and the CPN (Maoists) and democratic rights achieved through the recently held historical peoples movement, the interim constitution drafting committee as follow has been formed to prepare a draft of the interim constitution as per the spirit of preamble of the Code of Conduct agreed between the Government of Nepal and the CPN (Maoists) on 26 May 2006:-

1. Coordinator:

Mr. Laxman Prasad Aryal

2. Member:

Mr. Harihar Dahal

3. Member:

Mr. Sindhu Nath Pyakurel

4. Member:

Mr. Sambhu Thapa

5. Member:

Mr. Mahadev Yadav

6. Member:

Mr. Khimlal Devkota

The committee shall prepare and present a draft to the Government- Maoist Negotiating Team within 15 days and the Negotiating team shall submit the draft to the Government -Maoists high level negotiation as per the direction of the negotiation.

On behalf of the CPN-Maoist

Coordinator:

Krishna Bahadur Mahara

Signature:

Sd 16 June 2006

On behalf of the Government of Nepal

Coordinator:

Krishna Prasad Sitaula

Signature:

Sd 16 June 2006

Eight-Point Agreement of the Top leaders (Press Statement)

Meeting of the top leaders of Seven Political Parties and CPN (Maoists) has been held in the Prime Minister's residence at Baluwatar today, on 16 June 2006 on the auspicious organization of the Government - Maoists Negotiating Team.

The points reached in agreement in the meeting are as follow:-

1. To implement effectively and honestly the 12-points understanding reached between the Seven Political Parties and the CPN (Maoists) on November 22, 2005 and the 25-points Code of Conduct on Ceasefire reached in agreement between the Government of Nepal and CPN (Maoists) and made public by the Government -Maoist Negotiating team on 26 May 2006.

2. To express the commitment to democratic norms and values including competitive multi-party governance system, civic liberties, fundamental rights, human rights, press freedom, and the concept of rule of law, and carry out each other’s activities accordingly in a peaceful manner.

3. To request the United Nations to assist in the management of the armies and arms of both the parties and to monitor them for a free and fair election of the Constituent Assembly.

4. To frame an interim constitution to form an interim government accordingly;

announce the date of the election for constituent assembly to dissolve the House of Representatives by making another alternative arrangement through consensus and to dissolve the People’s Governments formed by the CPN (Maoists).

by ensuring the democratic rights achieved through the Peoples Movement in 1990 and the recent historic People’s Movement, and by making base to the commitment expressed in the 12-points understanding and the spirit of the preamble of the Code of Conduct on Ceasefire;

5. To decide on the matters of national interests having long-term effects on the basis of consensus.

6. To guarantee the fundamental right of Nepali people to participate in the constitution making process without any fear, influence, threat and violence in the election of constituent assembly.

To make a provision for international observation and monitoring during the elections as per the need.

7. To make a forward-looking restructuring of the state so as to resolve the class-based, racial, regional and gender-based problems through the election of constituent assembly.

To transform the ceasefire held between the Government of Nepal and CPN(Maoists) into a permanent peace by keeping in the centre the democracy, peace, prosperity, progress and the independence, sovereignty and dignity of the country, and to express commitment to resolve the problem through negotiations.

8. The government-Maoist negotiating teams have been directed to accomplish all the tasks related to the above-mentioned points without any delay.

On behalf of CPN (Maoists)

Prachanda

Chairman

CPN (Maoists)

On behalf of the Seven Political Parties

Shree Girija Prasad Koirala

Prime Minister and President,

Nepali Congress

Shree Madhav Kumar Nepal

General Secretary,

CPN (UML)

Shree Sher Bahadur Deuba

President,

Nepali Congress (Democratic)

Shree Amik Sherchan

Deputy Prime Minister and Chairperson,

Janamorcha Nepal

Shree Narayan Man Bijhuckchhe

President,

Nepal Majdur Kisan Party

Shree Bharat Bimal Yadav

Vice President,

Nepal Sadbhavana Party (Anandidevi)

Shree Prabhu Narayan Chaudary

Minister and Chairperson

Bammorcha, Nepal.