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FULL TEXT - Comprehensive Peace Agreement
Full text of the Comprehensive Peace Agreement held
between Government of Nepal and Communist Party of Nepal
(Maoist) [ 2006-11-22 ]
Preamble
Respecting popular mandate of Nepali people expressed in
favor of democracy, peace and progression through the
historical struggles and people's movements, time and
again, from 2007 BS and even before till now;
Reaffirming the full commitment towards the
twelve-point agreement reached between seven political
parties, CPN (Maoist), eight- point consensus,
twenty-five point code of conduct held between
Government of Nepal and CPN (Maoist), decision made in
the meeting held between apex leaders of seven political
parties and CPN (Maoist) held on Nov. 8 2006 including
all agreement, consensus, code of conduct reached
between Government of Nepal and CPN (Maoist), and
letters of similar viewpoints sent to United Nations;
Expressing determination for progressive
restructuring of the state to resolve existing problems
in the country, based on class, cast, region, sex;
Reiterating the full commitment towards democratic
value and acceptance including competitive multiparty
democratic system of governance, civil liberty,
fundamental rights, human rights, full press freedom and
concept of rule of law;
Remaining committed towards Universal Declaration of
Human rights, 2048, international humanitarian laws and
basic principles and acceptance relating to human
rights;
Keeping democracy, peace, prosperity, progressive
economic and social change and independence,
indivisibility, sovereignty, and self respect of the
country at centre;
Expressing commitment to hold election to constituent
assembly in free and fair manner till the end of the
month of Jeth 2064 BS;
Declaring the beginning of a new chapter of peaceful
collaboration by ending armed struggle continued in the
country from 2052 BS through political consensus between
the two parties to ensure sovereignty of Nepali People
through constituent assembly, forward looking political
resolution, democratic restructuring of the state and
economic-social and cultural transformation;
This comprehensive peace agreement has been reached
between Government of Nepal and CPN (Maoist) with
commitment to transform ceasefire between Government of
Nepal and CPN (Maoist) into sustainable peace.
1.
Preliminary
1.1. The name of this agreement is
"Comprehensive Peace Agreement?. In short the
agreement shall be called Peace Agreement.
1.2.The agreement shall come into force after public
declaration by the government and Maoist side.
1.3.Both the sides shall give necessary directives
to all the agencies under their control for immediate
implementation of this agreement and to abide by it and
implement it and get it implemented.
1.4.All the agreement, consensus and decision
reached between seven political parties, the government
and Maoists that are enclosed in annex shall be integral
part of this agreement.
1.5.The consensus and agreement to be reached
hereafter for the implementation of this agreement shall
also be the integral part of this agreement.
2. Definition:
Unless the subject and context mean otherwise, in
this agreement:
(a) Ceasefire"means the acts to negate all forms of
aggressions, kidnappings, disappearances, taking into
custody aimed at each other and between Government of
Nepal and CPN (Maoist), mobilisation and strengthening
of armed forces, destruction in the society by any means
including aggression and activities of violence and acts
of incitement and instigation.
(b) Interim Constitution"means "Interim
Constitution of Nepal 2063"to be issued until
drafting and enforcement of the new constitution by
constituent assembly.
"Interim Council of Ministers"means
"Interim Council of Ministers"to be formed
according to Interim Constitution.
"Both the Parties"means the party of
Government of Nepal and the party of Communist Party of
Nepal (Maoist).
"Prevailing Law"means Interim Constitution of
Nepal 2063 and prevailing Nepal Laws that are not
inconsistent with it. But this definition shall not
obstruct legal arrangement existed before enforcement of
Interim constitution 2063.
"Verification"means the subject of
verification and true record keeping of military,
combatant and arms by United Nations.
3. Political -
Economic - Social Transformation and Conflict Management
Both the parties are in agreement to adopt following
policy and program for political-economic and social
transformation and to affirmatively resolve existing
conflict in the country:
3.1. To ensure forward moving political economic and
social transformation on the basis of decision made in
summit meeting between seven political parties and CPN
(Maoist) held on Nov. 8, 2006 (Annex-6)
3.2. To guarantee sovereignty inherent in Nepalese
people in practice by forming interim legislature -
parliament according to interim constitution and by
holding election to constituent assembly in free and
fair manner till the Month of Jeth, 2064 BS by Interim
Government.
3.3. To not allow any authority regarding affairs of
governance of the country to remain with the king. To
bring the properties of late King Birendra, late queen
Aishworya and their family under Government of Nepal and
to make use of the property in the interest of the state
by forming a trust. To nationalise all the properties
(like palaces situated in different places, forest and
parks, heritages with historical and archeological
importance) received by King Gyanendra in his capacity
as the King. To decide the issue of whether or not to
retain the monarchy by simple majority in the first
meeting of constituent assembly.
3.4. To adopt a political system that complies with
universally accepted fundamental human rights,
multiparty competitive democratic system, sovereignty
inherited in people, supremacy of the people,
constitutional check and balance, rule of law, social
justice, equality, independent judiciary, periodic
election, monitoring by civil society, complete press
freedom, people's right to information, transparency and
accountability in the activities of political parties,
people's participation, impartial, competent, and fair
concept of bureaucracy.
3.5. To address the problems related to women, Dalit,
indigenous people, Janajatis, Madheshi, oppressed,
neglected, minorities and the backward by ending
discrimination based on class, caste, language, sex,
culture, religion, and region and to restructure the
state on the basis of inclusiveness, democracy and
progression by ending present centralised and unitary
structure of the state.
3.6. To keep implementing at least programs of common
consensus for the economic and social transformation to
end all forms of feudalism.
3.7. To adopt the policy to implement scientific land
reform program by ending feudalistic system of land
holding.
3.8. To follow the policy for the protection and
promotion of national industries and resources.
3.9. To adopt policy to establish rights of all citizens
in education, health, housing, employment and food
reserve.
3.10. To adopt policy to provide land and other economic
protection to landless squatters, Kamaiya, Halia, Harwa,
Charwa and economically backward section.
3.11. To adopt policy to severely punish people amassing
properties by means of corruption while remaining in
government posts.
3.12. To form common development concept for economic
and social transformation and justice and to make the
country developed and economically prosperous, at the
earliest.
3.13. To follow the policy to increase investment in
industries, trade and export promotion in order to
increase opportunities for income generation by ensuring
professional rights of the laborers.
Management of
Army and Arms
In order to hold election to constituent assembly in
free and fair manner and for the democratic
restructuring of the army to proceed with the following
works according to twelve point agreement, eight point
consensus, twenty-five point code of conduct, five-point
letter sent to United Nations and decision taken by
summit meeting held on Nov. 8:
Relating to the
Maoists' Army-
4.1 As per the commitment expressed in the letter sent
on behalf of the Government of Nepal and the CPN
(Maoist) to the United Nations on August 9, 2006, the
Maoists' Army combatants shall remain within the
following Cantonments. The UN shall verify and monitor
them.
The main Cantonments shall remain in the following
locations:
1. Kailali 2. Surkhet 3. Rolpa 4. Nawalparasi
5. Chitwan 6. Sindhuli 7. Ilam
Three sub-cantonments shall be placed in the periphery
of each of these main cantonments.
4.2. After placing the Maoist combatants within the
Cantonments, all the arms and ammunition except those
required for providing security to the Cantonments shall
be securely stored and the keys to the single lock shall
remain with the side concerned. The UN shall monitor the
process of placing the weapons under the single lock by
keeping records and fitting a device along with siren.
In case of need to examine the weapons placed under the
single lock, the UN shall do so under the presence of
concerned side. All the technical details along with
Camera Monitoring shall be prepared under the joint
agreement of the UN, CPN (Maoist) and the Government of
Nepal.
4.3. The government of Nepal shall make all the
necessary arrangements including ration needed for the
Maoist combatants after placing them within the
Cantonments.
4.4. The Interim Council of Ministers shall form a
special committee in order to inspect, integrate and
rehabilitate the Maoist combatants.
4.5. The government shall be taking care of security
arrangements of the Maoist leaders.
Relating to the
Nepali Army-
4.6. As per the commitment expressed in the letter sent
to the UN, the Nepali Army shall be confined within the
barracks. Guarantee that the arms shall not be used for
or against any side. The Nepali Army shall store the
same amount of arms in accordance with that of the
Maoists and seal it with single-lock and give the key to
the concerned side. In case of need to examine the
stored arms, the UN would do so in the presence of the
concerned side. Prepare the details of technology
including camera for monitoring as per the agreement
among the Government of Nepal, the Maoists and the UN.
4.7. The Council of Ministers shall control, mobilise
and manage the Nepali Army as per the new Military Act.
The Interim Council of Ministers shall prepare and
implement the detailed action plan of democratisation of
the Nepali Army by taking suggestions from the concerned
committee of the Interim Parliament. This shall include
tasks such as determining the right number of the Nepali
Army, preparing the democratic structure reflecting the
national and inclusive character and training them as
per the democratic principles and values of the human
rights.
4.8. Nepali Army shall be giving continuity to tasks
such as border security, security of the conservation
areas, protected areas, banks, airport, power house,
telephone tower, central secretariat and security of
VIPs.
5. Cease-Fire
5.1. Termination of military action and armed
mobilisation:
5.1.1. Both sides shall express commitment to refrain
from carrying out following activities:
a. Direct or indirect use of any type of weapon or acts
of attack against each other.
b. Searching or confiscating weapons belonging to other
side with or without weapons at the place where the arms
have been stored as per the understanding reached
between both sides.
c. Hurt or render mental pressure against any
individual.
d. Set up ambush targeting any side.
e. Involve in murder or violent activities.
f. Involvement in
kidnap/detention/imprisonment/disappearance
g. Arial attack or bombardment.
h. Mining and sabotaging.
i. Spying military activities of any side.
5.1.2. Both sides shall not recruit additional armed
forces or conduct military activities, including
transporting weapons, ammunitions and explosives.
However, the security forces deployed by the interim
government shall have authority to conduct routine
patrol, explore in order to prevent illegal trafficking
of the weapons, explosives or raw materials used in
assembling weapons at the international border or custom
points and seize it.
5.1.3. No individual or group shall bear any illegal
weapons, ammunitions or explosives while traveling.
5.1.4. Both sides shall assist each other to mark the
landmines and booby-traps used during the time of armed
conflict by providing necessary information within 30
days and defuse and excavate it within 60 days.
5.1.5. Armies of both sides shall not bear arms or show
their presence wearing combat fatigue during any public
programme, political meeting or civil assembly.
5.1.6. Nepal Police and Armed Police Force shall give
continuity to the task of maintaining legal system and
law and order along with criminal investigation as per
the norms and sentiments of the Jana Andolan and peace
accord as well as prevailing law.
5.1.7. Both sides shall issue circular to its respective
armed bodies or personnel to stop addressing any armed
personnel of opposite side by the term 'enemy' or behave
in similar manner.
5.1.8. Both sides agree to maintain a record of the
government, public, private building, land and other
property seized, locked up or not allowed to use in
course of the armed conflict and return them back
immediately.
5.2 Situation
Normalisation Measures:
5.2.1. Collection of cash or kind and tax collection
against one's wish and against the existing law shall
not be allowed.
5.2.2. Both sides agree to make public the status of the
people under one's custody and release them within 15
days.
5.2.3. Both sides also agree to make public within 60
days of signing of the agreement the real name, caste
and address of the people made 'disappeared' or killed
during the conflict and also inform the family members
about it.
5.2.4. Both sides agree to constitute a National Peace
and Rehabilitation Commission and carry out works
through it to normalise the adverse situation arising as
a result of the armed conflict, maintain peace in the
society and run relief and rehabilitation works for the
people victimised and displaced as a result of the
conflict.
5.2.5. Both sides agree to set up a High-level Truth and
Reconciliation Commission as per the mutual consensus in
order to probe about those involved in serious violation
of human rights and crime against humanity in course of
the armed conflict and develop an atmosphere for
reconciliation in the society.
5.2.6. Both sides pledge to abandon all types of war,
attack, counter-attack, violence and counter-violence in
the country with a commitment to ensure loktantra, peace
and forward-looking change in the Nepali society. It is
also agreed that both the sides would assist one another
in the establishment of peace and maintaining of law and
order.
5.2.7. Both sides guarantee to withdraw accusations,
claims, complaints and under-consideration cases leveled
against various individuals due to political reasons and
immediately make public the state of those imprisoned
and immediately release them.
5.2.8. Both sides express the commitment to allow
without any political prejudice the people displaced due
to the armed conflict to return back voluntarily to
their respective ancestral or former residence,
reconstruct the infrastructure destroyed as a result of
the conflict and rehabilitate and reintegrate the
displaced people into the society.
5.2.9. Both sides agree to take individual and
collective responsibility of resolving, with also the
support of all political parties, civil society and
local institutions, any problems arising in the
aforementioned context on the basis of mutual consensus
and creating an atmosphere conducive for normalisation
of mutual relations and for reconciliation.
5.2.10. Both sides express the commitment not to
discriminate against or exert any kind of pressure on
any member of the family of the two sides or on the
basis of being related to one another.
5.2.11. Both sides agree not to create any kind of
obstacle and allow any kind of obstruction to be created
in the independent traveling, assuming of duties and
executing of work by the Government of Nepal and Public
Bodies' employees and assist them in their work.
5.2.12. Both sides agree to allow unrestricted traveling
as per the law within the state of Nepal to the United
Nations, International Donors Agencies and Diplomatic
Missions based in Nepal, National and International
Non-Government Organisations, Press, Human Rights
Activists, Election Observers and foreign tourists.
5.2.13. Both sides are committed to operating publicity
programs in a decent and respectable manner.
6. End of conflict
6.1. On the basis of the historical agreement reached
between the Seven Political Parties and the CPN (Maoist)
on November 8, 2006, we declare an end to the armed
conflict ongoing in the country since 1995 by giving
permanency to the ongoing cease-fire between the
Government and the Maoist.
6.2. The decisions taken by the meeting on November 8,
2006 of the senior leaders of the Seven Parties and the
CPN (Maoist) would be the main policy basis for
long-term peace.
6.3. Following the arrival of the Nepali Army in the
barracks and the Maoist Army combatants in temporary
camps, holding, display and use of violence and arms for
creating fear and terror and in any form against the
agreement and law would be legally punishable.
6.4. Army of both the sides would not be allowed to
publicise for or against any side and support or protest
any side. But they shall not be deprived from their
right to vote.
7. Human Rights,
Fundamental Rights and Adherence to Humanitarian Law
By remaining committed to the Universal Declaration of
Human Rights, 1948, the International Humanitarian Law
and fundamental principles and standards of human
rights, both sides expressed their agreement to the
following issues:
7.1. Human
Rights:
7.1.1. Both sides reiterate their commitment to the
respect and protection of human rights and to
international humanitarian law and accept that nobody
should be discriminated against on the basis of colour,
gender, language, religion, age, race, national and
social origin, wealth, disability, birth and other
status, thought or belief.
7.1.2. Both sides agree to create an atmosphere where
the Nepali people can enjoy their civil, political,
economic, social and cultural rights and are committed
to ensuring that such rights are not violated under any
circumstances in the future.
7.1.3. Both sides express the commitment that impartial
investigation and action as per the law would be carried
out against the people responsible in creating
obstructions to the exercising of the rights envisaged
in the letter of agreement and guarantee not to
encourage impunity. Apart from this, they shall also
guarantee the right to relief of the families of the
conflict and torture victims and the disappeared.
7.1.4. Both sides would not be involved in the acts of
torture, kidnapping and forcing the civilians in any
work and take necessary action to discourage such acts.
7.1.5. On the basis of norms and values of secularism,
both sides shall respect the social, cultural, religious
sensitivity, religious site and the religious faith of
the individual.
7.2. Right to Live:
7.2.1. Both sides respect and protect the fundamental
right to live of an individual. Nobody shall be deprived
of this fundamental right and no law shall be formulated
to award death penalty.
7.3. Right to Individual Dignity, Freedom and Mobility
7.3.1. Both sides respect and protect the right to
individual dignity. In this connection, no person
including those deprived of enjoying freedom as per the
law would be subjected to torture or any other cruel,
inhuman or degrading behaviour or punishment. The
citizen's right to confidentiality shall be respected.
7.3.2. Both sides shall fully respect the individual's
right to freedom and security and shall not be allowed
to keep anyone under arbitrary or illegal detention,
kidnap or hold captive. Both sides agree to make public
the status of every individual made 'disappeared' and
held captive and inform about this to their family
members, legal advisor and other authorised person.
7.3.3. Both sides shall respect and protect the
citizens' right to free mobility and the freedom to
choose within legal norms the location of one's
residence and express the commitment to respect the
right of the people displaced by the conflict and their
families to return back to their homes or to settle in
any other location of their choice.
7.4. Civil and
Political Rights
7.4.1. Both sides are committed to respect the
individual's freedom of speech, expression, setting up
organisations and holding peaceful gatherings and right
to freedom of exploitation.
7.4.2. Both sides respect the right of every citizen to
take part directly or through one's selected
representative in issues of public concern, to vote, to
be elected and equality in joining of public services.
7.4.3. Both sides are committed to respect the
individual's right to be informed.
7.5.
Economic?Social Rights
7.5.1. Both sides are committed to respect and protect
the individual's right to livelihood through employment
of their choice or acceptance.
Full text of the
peace agreement
7.5.2. Both sides are committed to respecting and
guaranteeing the rights of food security of all the
people. They guarantee that there would be no
interference in the transportation, use and distribution
of food, food products and food grains.
7.5.3. Both sides identify with the fact that the
citizens' right to health should be respected and
protected. Both sides will not create hurdles in the
supply of medicines and in health assistance and
campaigns, and express commitment for treatment and
rehabilitation of the people injured in course of the
conflict.
7.5.4. With the realisation of the fact that the right
to education should be guaranteed and respected, both
sides are committed to maintaining a conducive academic
environment in the educational institutions. Both sides
agree to guarantee that the right to education would not
be impeded. They agree to put to an end, on an immediate
basis, activities like taking the educational
institutions under control and using them, abducting
teachers and students, taking them under control and
making them to disappear, and to not to establish
barracks in a way that it would impede them.
7.5.5. Both sides agree that the private property of any
individual would not be seized or usurped, except
permitted by the laws.
7.5.6. Both sides believe in the fact that the
industrial climate in the country should not be
disturbed and production should be given continuity and
that the right of collective bargaining and social
security should be respected. They also believe in the
fact that if any problem arises between the business
houses and labourers, they should be encouraged to
resolve the problem in a peaceful manner. Both sides
respect the right to work prescribed by the
International Labour Organisation.
7.6. Women and Child Rights
7.6.1. Both sides fully agree to protect the rights of
the women and children in a special way, to immediately
stop all types of violence against women and children,
including child labour as well as sexual exploitation
and abuse. They also fully agree not to include or use
children who are 18 years old and below in the armed
force. Children thus affected would be instantaneously
rescued and necessary and suitable assistance would be
provided for their rehabilitation.
7.7. Right of
Personal Liberty
7.7.1. Both sides agree to the freedom of opinion and
expression; freedom to assemble peaceably and without
arms; freedom of movement; freedom to practice any
profession, or to carry on any occupation, industry or
trade; press and publication rights; the freedom to take
part in peaceful political activities; the right of
equality before the law; and to implement and have a
tolerable system of justice implemented.
8. Dispute
Settlement and Implementation Mechanism
8.1. Both sides agree to become responsible and
accountable in a personal and collective way and not to
repeat in future mistakes committed in the past and also
to correct these mistakes on a gradual basis.
8.2. The National Peace and Rehabilitation Commission
can set up mechanism as per the need for making the
campaign for peace successful. The composition and
working procedures of the Commission would be as
determined by the interim Council of Ministers.
8.3. Both sides are committed to settle all kinds of
present or possible future mutual differences or
problems through mutual talks, understanding, consensus
and dialogue.
8.4. Both sides express commitment that the interim
Council of Ministers can constitute and determine the
working procedures of the National Peace and
Rehabilitation Commission, the Truth and Reconciliation
Commission, the High-level State Restructuring
Recommendation Commission and other mechanisms as per
the need to implement this agreement, the Interim
Constitution and all the decisions, agreements and
understandings reached between the Seven-party Alliance,
the Government of Nepal and the CPN (Maoist).
9. Implementation
and Follow-up
Both sides have agreed to make the following
arrangements for the implementation of the
understandings mentioned in this agreement and for their
follow-up -
9.1. Both sides agree to give continuity to the task of
monitoring of the human rights provisions mentioned in
this agreement by the United Nations Office of the High
Commissioner for Human Rights, Nepal.
9.2. Both sides agree for the monitoring of the
management of arms and the armies by the United Nations
Mission in Nepal as mentioned in the five-point letter
send to the UN earlier and in the present agreement.
9.3. Both sides agree to get the United Nations
supervise the election to the Constituent Assembly.
9.4. The National Human Rights Commission shall also
carry out works related to the monitoring of human
rights as mentioned in this agreement together with the
responsibility assigned to it as per the laws. In
connection with carrying out its works, the Commission
can take the help of national and international human
rights organisations after maintaining necessary
coordination with them.
9.5. Both sides agree to accept the reports submitted by
the above-mentioned bodies, to provide the information
requested by them, and to implement the suggestions and
recommendations given by them on the basis of consensus
and dialogue.
10. Miscellaneous
10.1. Both sides agree not to operate parallel or any
form of structure in any areas of the state or
government structure as per the letter of the decisions
of November 8 and the spirit of the peace agreement.
10.2. Both sides accept to sign any complementary
agreements, as necessitated, for the implementation of
the present agreement.
10.3. This agreement can be revised any time with the
consent of both sides. Both sides agree to provide to
each other prior written information if they wish to
make any changes. The amendments could be made to the
agreement with the consent of both sides after receiving
the information. The provisions to be made by such an
amendment would not be below the minimum standards of
the accepted international human rights and humanitarian
laws.
10.4. If any disputes arise in any interpretation of
this agreement, a joint mechanism comprising both sides
shall make the interpretation on the basis of the
preamble and the documents included in the schedule of
this agreement, and this interpretation would be final.
10.5. The concept of 'two sides' as mentioned in this
agreement would automatically cease to exist after the
constitution of the Interim Legislature -Parliament.
Thereafter, all the responsibility of implementing the
obligations stated in this agreement shall be as per the
arrangements made by the interim Council of Ministers.
It would be the duty and responsibility of all the
political parties to extend cooperation in the
compliance and implementation of the agreement.
10.6. We heartily appeal to one and all to extend
cooperation for resolving their problems and demands
through talks and dialogue and for holding the election
to the constituent assembly and maintaining the law and
order, at a time when the entire country is focused on
the main campaign of the election of the Constituent
Assembly.
10.7. We heartily appeal to the civil society, the
professional groups, the class organisations, the media,
the intellectual community and all the Nepali people to
actively participate in this historic campaign of
building a new Nepal and establishing lasting peace
through the election of the Constituent Assembly by
ending the armed conflict.
10.8. We heartily urge all the friendly countries and
the United Nations, as well as the International
Community to extend support to Nepal in this campaign of
establishing full democracy and lasting peace.
Cognizant of the responsibility of the future of the
country and the people, and becoming fully committed to
this comprehensive peace agreement, we, on behalf of the
Government of Nepal and the Communist Party of Nepal
(Maoist), hereby make public this comprehensive peace
agreement after signing it.
| Girija
Prasad Koirala |
Prachanda |
| Prime Minister |
President |
| Government of Nepal |
Communist Party Nepal (Maoist) |
Signed on November 21, 2006
