Update on the Peace Process in Nepal

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Update on the Peace Process in Nepal

• PSWG on Constitutional and
• Electoral Issues, 24 Nov. 06
• G. Baechler

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Issues

• 1. Comprehensive Peace Accord
• 2. Arms and Troops Management
• 3. Post Agreement Rehabilitation

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1. Comprehensive Peace Accord

• 21 November 06 Peace Accord signed based on
  the agreement of November 8 and a range of
  understandings (annexed)
• Political Agreement with 10 Chapters
• Comprehensive with various degrees of
  concreteness
• Additional agreements will be integral part of it
  

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(3.) Political-Economic-Social Transformation and
Conflict Management

• Interim Arrangements (based on 8 Nov.)
• "progressive" transformation"
• ending centralized / unitary state
• policies yet to be adopted (e.g. "scientific land
  reform national industries and res.)
• (3.12.) "To form a common development concept for
  economic and social transformation)"

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(4.) Management of Army and Armament

• Maoist Army in 7 temporary cantonments
• (4.2.) All arms and ammunition "to be securely
  stored in the cantonment and the keys to remain
  with the party concerned after putting a single
  lock. In the process of installing the lock, to
  assemble a mechanism including its record, siren
  for the monitoring by the UN..."

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ad 4.)

• exactly the same formula for NA
• NG to provide for food supplies and other
  necessary arrangements
• The Interim Council of Ministers has to provide a
  detailed action plan for the Nepal Army's
  democratization
• NA continues to provide security.
• (4.4.) Special committee to supervise, integrate
  and rehabilitate the Maoist combatants.

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5.) Ceasefire

• (5.1.) Termination of military action and armed
  mobilization
• 21 rather detailed articles
• no mentioning of the MBs "militia"
• (5.1.6.) "Nepal Police and Armed Police Force
  shall continue"
• (5.2.1.) "It is not allowed to collect cash or
  kind and levy tax against one's wishes and
  against existing law."

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Other chapters

• (6). Declaring the End of War
• (7.) Human Rights, Fundamental Rights and
  Adherence to Humanitarian Law
• 20 articles including economic-social rights
• 1 article on women and child rights (7.6.)
• (7.1.3.) "impartial investigation" "impunity
  will not be tolerated"
• no detailed provisions (child soldiers etc.)
  

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Other Chapters

• (8.) Dispute Settlement and Implementation
  Mechanism
• ICM responsible for constitution and working
  procedures of
• National Peace and Rehabilitation Commission
  (5.2.4.)
• Truth and Reconciliation Commission (5.2.5.)
• High level State Restructuring Commission
• "other mechanisms as necessary"

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Other Chapters

• (10) Miscellaneous
• accord can be revised amendments
• a joint mechanism if disputes about the
  interpretation of the PA
• the concept of "two parties" will cease to exist
  after the constitution of ICM etc.

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2. Arms and Troops

• problem of timing and deadlines
• MBs flock ins cantonment areas no installations
  yet
• NG released Rs 70m to set up temporary
  cantonments
• UN only for monitoring time frame of "months"
  rather than "weeks"
• dilemma Interim Government only if separation
  and monitoring

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3. Post Agreement Rehabilitation

• Short term needs (cantonments) WG on
  Reintegration donor coordination
• Peace Secretariat and MOF / MBs requests NG
  responses / help of India with containers etc.
• medium and long term needs
• National Planning Commission
• ICM has yet to set up Commissions