Agreement between the GoN and Tamsaling Samyukta Sangharsha Samiti, Nepal

Country/entity
Nepal
Region
Asia and Pacific
Agreement name
Agreement between the GoN and Tamsaling Samyukta Sangharsha Samiti, Nepal
Date
11 Apr 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
On behalf of GoN Talks Team: Janardhan Sharma 'Prabhakar', Talks Coordinator and
Minister, Peace and Reconstruction

On behalf of TSSS, Nepal Talks Team:
Suryaman Dong Tamang, Tamang National Liberation Front

Bir Bahadur Lama Tamang, Democratic Tamang Association

Dilman Pakhrin Tamang. Nepal Tamang Association

Parsuram Tamang, Tamsaling National Party

Furnyamgel Moktan Tamang, Autonomous Tamang Association (Unified)

Dup Wangdel Moktan Tamang, Tamang Huel Council

Tek Bahadur Tamang, Tamang Liberation Organization

Dhan Prasad Tamang, Nepal Tamang Ghedung

Kumar Yonjon Tamang, General Secretary

Kaman Singh Lama, Advisor
Third parties
-
Description
An agreement between the Government of Nepal and Tamsaling Samyukta Sangharsha Samiti on a series of inclusion issues for minority groups.


Local agreement properties

Process type
Formal structured process
Rationale
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 Tamsaling Samyukta Sangharsha Samiti.
Is there a documented link to a national peace process?
Yes
Link to national process: articulated rationale
The agreement sought to reinforce the commitment of the Interim Constitution on the clauses around secularism, imparting education in mother tongue among others, all of which were central to Inclusion related provisions of the CPA.
Name of Locale
Tamang communities
Nature of Locale
Other
GPS Lat/Long (DD)
27.000000, 86.000000
Participant type
Central state actor
Local armed group
Local community/civilian group(s)/civil society organisations
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) cultural discrimination and ethnic humiliation: "oppression, discrimination and exclusion of the Tamang ethnic group by the State" (page 2) (2) ownership of local communities on the natural resources, rivers and streams, and minerals by indigenous nationalities needed (3) fundamental rights to health and employment not implemented
Cattle rustling/banditry

No specific mention.

Social cover

No specific mention.


Agreement between the GoN and Tamsaling Samyukta Sangharsha Samiti, Nepal

The first round of talks between the Government Talks Team formed by the Government of Nepal (GoN) and the Talks Team of the Tamsaling Samyukta Sangharsha Samiti, Nepal [Tamsaling Joint Struggle Committee, Nepal] to discuss the 26-Point demands presented by the said Samiti was held on April 11, 2009 and an agreement in support of the federal democratic republic and a new people-centric constitution was reached as follows.

1. The Government shall present Points 1, 2, 4, 5, 6, 11, 16 and 17 that belong to the jurisdiction of the Constituent Assembly as recommendation, along with its affirmative commitment, to the Constitution Drafting Committee.

2. Ending cultural discrimination, all castes and ethnic groups shall determine a common cultural policy with the participation of the parties concerned to continue and grant recognition to own cultures.

3. Respecting the aspirations of the Tamsaling Sangharsha Samiti and the core spirit of secularism as enshrined in Nepal’s Interim Constitution 2007, an amendment proposal shall be submitted by building political consensus, including on national animal.

4. The Government is committed to implementing Article 33 (d1) of Nepal’s Interim Constitution 2007 in the context of the Tamang ethnic group as well.

5. Ending the ethnic humiliation of the Tamang ethnic group at the Pipa Goswara [Office of Attendants] of the past and the current Logistics Battalion, the policy of making the national army of Nepal inclusive by creating diverse battalions shall be effectively put into practice.

6. Initiative shall be taken for christening the traditional habitats of Adivasi Janajati in their own languages.

The Government has a clear policy of imparting education in mother tongue and additional provision shall be made for its implementation in the budget for the next fiscal year.

7. In the context of the Government of Nepal having ratified the International Labour Organization Convention no.

169 and Nepal being a state party to the United Nations Universal Declaration on Indigenous Nationalities 2007, the Government shall codify necessary laws to ensure the ownership of local communities on the natural resources, rivers and streams, and minerals by indigenous nationalities.

8. Notwithstanding the fact that education, health and employment are mentioned as fundamental rights of the people in the Interim Constitution 2007, and considering their non-implementation, laws shall be framed and implemented in this regard.

9. As stipulated in Nepal’s Interim Constitution 2007, the State Restructuring Committee shall be formed as soon as possible with the representation of oppressed ethnic groups, Adivasi, Janajati, classes, and regions, among others.

10. A Development Regional Committee shall be formed with the participation of the Tamang community for further development and conservation of cultural heritage and tourist destinations such as Swoyambhu and Namo Buddha.

11. The State shall determine a policy for the conservation and promotion of both tangible and non-tangible cultural heritage.

12. The Government shall take initiative to establish the traditional knowledge, biodiversity, intellectual property of Adivasi Janajati.

13. A model development programme implementation cost shall be allocated in the budget and programme for the forthcoming year for the uplift and development of all oppressed communities, including Tamang.

14. A special programme on employment shall be implemented in the forthcoming year, keeping in mind the oppressed communities that have been left far behind, including Tamang, and the programme shall be gradually accomplished.

15. The construction of the Tamsaling Ring Road has already started and shall be continued over the next year with priority.

16. The programmes to build nationalistic sentiments among people shall be carried forward with special priority.

17. A five-member monitoring committee shall be formed within a week to assist and monitor the implementation of this Agreement.

18. Acknowledging the oppression, discrimination and exclusion of the Tamang ethnic group by the State in the past, the Government expresses its commitment to take initiative for the utmost development of the Tamang ethnic group.

The GoN assesses the struggle waged by the Tamang community, an oppressed Adivasi, against the long-standing oppression, especially the People’s War and its role in the People’s Movement, in a favourable manner.

19. The Tamsaling Samyukta Sangharsha Samiti, Nepal withdraws the shutdown programme called for April 12, 2009.

On behalf of GoN Talks Team:

Janardhan Sharma 'Prabhakar', Talks Coordinator and

Minister, Peace and Reconstruction

On behalf of TSSS, Nepal Talks Team:

Suryaman Dong Tamang, Tamang National Liberation Front

Bir Bahadur Lama Tamang, Democratic Tamang Association

Dilman Pakhrin Tamang.

Nepal Tamang Association

Parsuram Tamang, Tamsaling National Party

Furnyamgel Moktan Tamang, Autonomous Tamang Association (Unified)

Dup Wangdel Moktan Tamang, Tamang Huel Council

Tek Bahadur Tamang, Tamang Liberation Organization

Dhan Prasad Tamang, Nepal Tamang Ghedung

Kumar Yonjon Tamang, General Secretary

Kaman Singh Lama, Advisor