Full Text: SPA, Maoists Agreement
THT OnlineKathmandu, November 8
Full text of the agreement reached between the seven parties' alliance and Maoists.
Respecting the mandate expressed in favour of democracy, peace and forward movement through the historical struggles and revolutions staged frequently by Nepali people since pre-1950 era till the present, Reconfirming full commitment to the 12-point understanding between the seven political parties and the CPN (Maoist), the 8-point agreement and the 25-point ceasefire codes of conduct as well as all the understandings, agreements and codes of conducts between the Nepal Government and the CPN (Maoist), including the letter of consensus sent to the United Nations, Pledging to do a forward looking restructuring of the state by resolving class, ethnic, regional and gender related problems existing in the country, Reiterating full commitments to competitive multiparty democratic system, civil liberty, individual rights, human rights, full press freedom and the concept of rule of law as well as democratic norms and values, Guaranteeing the fundamental rights of the people to participate in the elections to the constituent assembly in an atmosphere free of fear and intimidation, Keeping democracy, peace, prosperity, forward looking socio-economic transformation as well as independence, integrity, sovereignty and dignity of the country at centre, the meeting of the top leaders of the seven political parties and the CPN (Maoist) held on 8th of November 2006 took the following decisions in order to implement the commitments of both the sides to holding the elections to the constituent assembly by mid-June 2007 in a free and fair manner.
I. On implementation of past agreements
1. To fully, honestly and strictly implement all the past understandings, agreements and codes of conducts.
2. To constitute a high level committee to probe and make public the whereabouts all the citizens reported to be disappeared by both the state and the Maoist.
3. To speed up the process of returning seized property. To ensure an atmosphere for the displaced to return home. To formulate district level committees involving both sides for this. To complete all these tasks within a month.
4. To publicly declare withdrawal of all charges and accusations against political leaders and workers by the state and the CPN (Maoist) and to immediately release political prisoners of both sides.
II. On armies and weapons
To work as per the sentiments of the 12-point understanding, 8-point agreement, 25-point codes of conduct and the five-point letter sent to the United Nations in order to hold the elections to the constituent assembly in a peaceful, fair and fearless atmosphere as well as to restructure and democratise the army.
On Maoist army
1. As per the commitment expressed in the letters sent to the United Naitons by Nepal Government and the CPN (Maoist) on 9 August 2006, the Maoist combatants shall be confined in cantonments in the following areas. The United Nations will verify and monitor them.
The main cantonments shall be in the following areas:
1. Kailali 2. Surkhet 3. Rolpa 4. Palpa 5. Kavre 6. Sindhuli 7. Ilam
There shall be three tributary cantonments around each of the main cantonments.
2. After the Maoist combatants have been confined within the cantonments, all the arms and ammunitions except those needed for the security of the cantonments shall be securely stored and locked with a single padlock within the cantonments and the concerned side shall keep the key. While fixing the padlock, a device with record and siren shall be installed for monitoring by the United Nations. While conducting necessary inspection of the stored weapons, the United Nations shall have to do it in the presence of the concerned party. Further technical details regarding this and camera monitoring shall be prepared in consensus with the United Nations, CPN (Maoist) and the Nepal government.
3. Nepal government shall manage the necessary things including rations for the Maoist combatants after they are kept in cantonments.
4. Interim cabinet shall form a special committee to coordinate and to rehabilitate the Maoist combatants.
5. Security of the Maoist leaders will be managed with coordination of the government.
On Nepal Army
6. Nepal Army (NA) shall be limited to the barracks as per the commitments expressed in the letter sent to the United Nations after assuring that the arms belonging to the national army shall not be used for or against any group. The number of soldiers and weapons of the Nepal Army under the UN supervision will be in proportion with the number of the Maoist combatants and their weapons.
The weapons of the NA shall be kept with a single lockup and the concerned party shall keep the key. The arms shall be kept under UN supervision with electronic siren, and surveillance devices. The UN can inspect the weapons in presence of the concerned party.
7. Control, management and mobilisation of the army shall be guided by the new Military Act. After taking suggestions from political parties and the committees related to Interim Legislature, cabinet will formulate an extensive plan and the same body shall implement the programmes to democratise the army. The plans and programmes include fixing the numbers, democratizing the institution to make it inclusive and national army and the forces shall be trained after enhancing the characteristics of democracy and human rights.
8. NA may continue its previous works of providing security to borders, national parks, banks, airports, power stations, telephone tower, central secretariat and providing security to the VIPs.
III. Subjects of Interim Legislature
a. Final shape to the Interim Constitution will be given according to agreements reached today.
b. The reinstated House of Representatives shall promulgate and the new interim legislature will approve the interim Constitution.
2. On Monarchy
a. King will have no authority over national administration.
b. Property of the late king Birendra, queen Aishworya and their family members shall be converted into a trust and be utilised for national welfare.
c. Property of the present king Gyanendra, which he has acquired as a king, shall be nationalised.
d. The first meeting of the elections to the constituent assembly will decide the future of the monarchy.
3. On Interim Legislature
a. Interim legislature will remain a single house parliament with the following characteristics:
i. All the 209 members of the current Lower House and Upper House, except those who opposed the April Movement, shall be the members. Numbers of Joint Left Front will be decided later on consensus, as the party does not represent any member at the present Parliament.
ii. 73 members will be from CPN-Maoist party.
iii. 48 will represent from professional organisations, political figures and from the underdeveloped community and regions.
Total number - 330
b. The political parties, which were against the People's movement in April, will not be allowed to participate in the interim legislature.
c. The reinstated House of Representatives and National Assembly will be dissolved after the formation of interim legislature. Similarly, all governmental structure of the Maoists including the people's government and people's courts will be dissolved with the formation of interim legislature.
d. The interim legislature would be run through political consensus.
4. Interim Government
a) The interim council of ministers will be constituted on the basis of political agreement.
b) The structure and work division of the council of ministers will be fixed with the mutual agreement amongst the political parties.
c) The interim government will carry out its function considering the spirit of the joint people's movement, political consent and the system of coalition government.
5. Judiciary
a) The concept of independent judiciary will be followed
b) The judiciary will work upholding the spirit of the people's movement, democracy and the interim constitution.
c) A constitutional court will be formed to settle the dispute related to constitution.
6. Constitutional Bodies
a) A new Constitutional Council will manage recommendations for the appointment to the post of constitutional bodies and the Council will consist of Prime Minister, Chief Justice, and Speaker of the interim legislature.
b) The appointment will follow certain measurement and the Election Commission will get perfection on the basis of agreement.
7. Local Bodies
Interim local bodies in villages, municipalities and districts will be constituted on the basis of the agreement between seven political and the Maoists.
8. Citizenship
a) The citizenship will be distributed to all the people who are deprived of the citizenship rights before holding the elections to the constituent assembly.
b) The citizenship will be issued to all people who have been living in Nepal before the last of Chaitra in 2046 BS, taking the year as the base year, in an effective manner.
c) The other provisions of the citizenship will be settled as per the rules and regulations.
9. Elections to the Constituent Assembly
a) The total number of the constituent assembly will be 425. Amongst them 205 members will be elected with the system of first past the post and 204 members will be elected through the proportionate election system as per the votes got by the political parties.
b) Sixteen individuals, who earned dignified prestige in the national level, will be nominated to the constitutional assembly members by the council of ministers.
c) The election law will be enforced after holding discussions with the Election Commission.
d) The authority to decide the date of constituent assembly to hold the elections by mid-June will be given to the interim council of ministers and the election will be held under a mixed election system.
e) The political parties should give opportunity to the members of the utpidit (Marginailized) jati, region, Madheshi, women and dalit proportionately while contesting the elections
f) People who are 18 and above will be eligible to cast their votes in the constituent assembly elections
g) The United Nations will assist monitoring the elections to the constituent assembly.
10. On the structure of the State
a) Steps will be initiated to bring about a complete restructuring of the state towards an inclusive democratic set up by ending all forms of discrimination.
b) A high level commission will be formed to solicit suggestions for the restructuring of the state
c) The Constituent Assembly will give the final verdict on the points suggested for the restructuring of the state
11. Directive principles for social and economic transformation
a) Steps will be geared towards dismantling all dictatorial structures and a common programme will be implemented through mutual consensus among all parties.
b) Policies will be formulated to end unequal ownership of land and scientific a land reform policy will be implemented
c) Policies that protect national industries and means of production will be adopted
d) Policies aimed at ensuring the rights of all citizens to education, health, shelter and employment will be adopted
e) Policies that will provide assistance to the economically backward classes including the ex-Kamaiyas, landless squatters, and household farm workers will be implemented
f) Policies that punish those found involved in corruption and those amassing wealth through illegal means will be enforced
g) A common agenda will be worked out for the speedy economic and social transformation of the country.
h) Efforts will be directed towards increasing investments in the domestic industrial sector by protecting the rights of the industrial workers and those involved in various productive enterprises
IV. Regarding the rehabilitation of the conflict-hit people
1. Steps will be initiated towards bestowing honour upon those who lost their lives in the course of the conflict and giving appropriate compensations to individuals who got badly wounded in the conflict.
2. Compensations will be provided to the families of the disappeared persons on the basis of the report given by the probe commission
3. Special programme will be launched to re-construct the physical infrastructure and private property that were destroyed in the course of the conflict
4. A commission to bring about reconciliation among parties, individuals and institutions that were involved in the conflict will be formed. The committee will conduct investigation on the human rights abuses that took place in course of the armed conflicts
V. Miscellaneous
1. A high level joint monitoring committee will be formed to oversee the strict implementation of the above policies
2. The government will take legal actions against those who breach the code of conduct and go against the agreements of the eight parties
3. All political parties will have the freedom to express their views on issues such as republicanism, social and economic transformation, referendum and electoral systems in the course of the run up to the constituent assembly elections although agreement on the issues are yet to be reached.
VI. Time Schedule
1. A comprehensive peace pact will be signed between the Nepal Government and the CPN-Maoist on November 16, 2006
2. The Maoists combatants will converge at the specified cantonments within November 21 and the process of shelving arms will be started, which will be monitored and verified by the UN
3. The Nepal Army soldiers will confine themselves to the barracks by November 21 and the storing of their weapons will be started. The process will be monitored and verified by UN.
4. The Interim Constitution will be finalized by November 21.
5. The Interim Constitution will be implemented by November 26. The dissolution of the House of Representatives and the National Assembly will be done on the same date.
6. The Interim Council of Ministers will be formed by December 1
The agreement bears the signatures of all the heads of the eight political parties.
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