Agreement between the GoN and the Adivasi Tharu Community agitating in the Terai and Nepal Adivasi Janajati Mahsangha

Country/entity
Nepal
Region
Asia and Pacific
Agreement name
Agreement between the GoN and the Adivasi Tharu Community agitating in the Terai and Nepal Adivasi Janajati Mahsangha
Date
14 Mar 2009
Agreement status
Multiparty signed/agreed
Interim arrangement
Yes
Agreement/conflict level
Intrastate/local conflict
Stage
Framework/substantive - partial
Conflict nature
Government
Peace process
Nepal related-local processes
Parties
Sd.
Laxman Tharu
Talks Team Coordinator
Tharuhat Samyukta Sangharsha Samiti and Adivasi Sangha

Sd.
Baburam Chaudhary
Talks Team Coordinator
Nepal Loktantrik Tharu Sangha

Sd.
Rajkumar Lekhi
Talks Team Coordinator
General Secretary
Tharu Kalyankari Sabha

Sd.
Pasang Sherpa
Chairperson
Nepal Adivasi Janajati Mahasangha

Sd.
Janardhan Sharma
‘Prabhakar’
Talks Team Coordinator
Minister
Ministry of Peace and Reconstruction Government of Nepal

Sd.
Indrajeet Tharu
Talks Team Coordinator
General Secretary
Tharu Rastriya Mukti Morcha Nepal
Third parties
-
Description
An agreement between the Governmet of Nepal, the Adivasi Tharu Community, and the Nepal Adivasi Janajati Mahsangha to amend the Interim Constitution

Local agreement properties

Process type
Formal structured process
Rationale
While there was no one primary institution, or procedure driving these agreements, it was formal. UN Nepal and Ministry of Peace and Reconstruction archives points out that all the governments between 2007- 2010, formed dialogue teams led/ coordinated by the Minister of Peace and Reconstruction, despite the Ministers changing along as per the shifts in the government coalition. A dialogue team was set up by the Maoist-led government, which won the elections in April 2008. This dialogue team was again led by the Minister for Peace and Reconstruction, Mr Janardhan Sharma. This team pursued dialogue with the team of Adivasi Tharu Community agitating in the Terai and Nepal Adivasi Janajati Mahsangha to reach this agreement.
Is there a documented link to a national peace process?
Yes
Link to national process: articulated rationale
The demands sought to strengthen the provisions on inclusion in the Constitution making process. This agreement sought to ensure that distinct identities of the varied marginalised groups were categorised in the constitutional and legal provisions. It also sought that the government remain committed to Inclusion related provisions in the Interim Constitution.
Name of Locale
Terai
Nature of Locale
Region
GPS Lat/Long (DD)
27.470000, 84.613747
Participant type
Central state actor
Local armed group
Mediator, facilitator or similar
No mention of mediator or similar

Local issues

Ritual/prayer and process (including use of scripture)

No specific mention.

Grievance List
[Summary] (1) Non-inclusion and lack of recognition of indigenous nationalities, Madheshis, Dalits, Muslims, minority communities in the country, including the indigenous Tharus of the Terai
Cattle rustling/banditry

No specific mention.

Social cover

No specific mention.

Agreement between the GoN and the Adivasi Tharu Community agitating in the Terai and Nepal Adivasi Janajati Mahasangha

On March 14, 2009, in the presence of the Honourable Prime Minister, the following agreement was reached between the representatives of the Government of Nepal and the representatives of the indigenous Tharu communities agitating in the Terai and Nepal Adivasi Janajati Mahasangha [Nepal Federation of Indigenous Nationalities]:

1. The Government of Nepal is clear about the fact that all indigenous nationalities, Madheshis, Dalits, Muslims, minority communities in the country, including the indigenous Tharus of the Terai, have their own unique identities.

Thus, the prevalent constitutional and legal provisions that encumber and overshadow their independent identities shall be amended by following the necessary process.

2. Remaining committed to the provision of Clause (d1) of Article 33 of the Interim Constitution of Nepal 2063 that mentions ‘to enable Madheshi, Dalits, indigenous ethnic groups [Adivasi Janajati], women, labourers, farmers, the physically impaired, disadvantages classes and disadvantaged regions to participate in all organs of the State structure on the basis of proportional inclusion’, the Acts issued through ordinances, including the Police Act, the Armed Police Act, the Army Act, the Education Act, the Development Act, the Health Services Act and the Nepal Essential Services Act, shall be amended by following the necessary process.

3. The Government of Nepal shall declare Kamal Chaudhary, Bipin Chhetri, Ram Prasad Chaudhari and Prakash Chaudhari, who lost their lives during the movement of the indigenous Tharu communities, as martyrs and shall provide suitable financial assistance to their families.

4. The Government of Nepal shall bear entire medical expenses of the persons who sustained injuries and provide compensation to those who lost property in the course of the movement.

5. The Ministry of Home Affairs has been directed to immediately release the people arrested during the movement.

6. All agitation programmes launched by organisations, including the Tharu Kalyankari Sabha [Tharu Welfare Council], Tharuhat Samyukta Sangharsha Samiti [Tharuhat Joint Struggle Committee], Nepal Loktantrik Tharu Sangha [Nepal Democratic Tharu Association], Tharu Rastriya Mukti Morcha Nepal [Tharu National Liberation Front Nepal] and Nepal Adivasi Janajati Mahasangha [Nepal Federation of Indigenous Nationalities], are withdrawn effective from today.

Sd.

Laxman Tharu

Talks Team Coordinator

Tharuhat Samyukta Sangharsha Samiti and Adivasi Sangha

Sd.

Rajkumar Lekhi

Talks Team Coordinator

General Secretary

Tharu Kalyankari Sabha

Sd.

Janardhan Sharma

‘Prabhakar’

Talks Team Coordinator

Minister

Ministry of Peace and Reconstruction Government of Nepal

Sd.

Baburam Chaudhary

Talks Team Coordinator

Nepal Loktantrik Tharu Sangha

Sd.

Pasang Sherpa

Chairperson

Nepal Adivasi Janajati Mahasangha

Sd.

Indrajeet Tharu

Talks Team Coordinator

General Secretary

Tharu Rastriya Mukti Morcha Nepal