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

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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
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: 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

Agreement document: NP_090314_GoN and Adivasi Tharu.pdf (opens in new tab) | Download PDF

Main category: Page 1, 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.

Women, girls and gender

Participation: Participation→Effective participation
Page 1, 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.
Equality: No specific mention.
Particular groups of women: No specific mention.
International law: No specific mention.
New institutions: No specific mention.
Violence against women: No specific mention.
Transitional justice: No specific mention.
Institutional reform: No specific mention.
Development: No specific mention.
Implementation: No specific mention.
Other: 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