THT: Full Text of SPA-Maoists Agreement November 2006

Full Text of SPA-Maoists Agreement on 7 November 2006

KATHMANDU, 8 November 2006

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.

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.

The agreement was signed by Maoist chairman Prachanda on behalf of his party. Likewise, on behalf of SPA, Prime Minister Girija Prasad Koirala, UML general secretary Madhav Kumar Nepal, NC (Democratic) president Sher Bahadur Deuba, People's Front president and deputy Prime Minister Amik Sherchan, general secretary of Nepal Sadbhavana Party (NSP-Anandidevi) Bharat Bimal Yadav, president of Nepal Workers and Peasants Party (NWPP) Narayan Man Bijukchhe, Leftist Front leader CP Mainali have signed the agreement.

Credit The Himalayan Times 2006

Nepal: SPA Government - CPN(M) Agreement Full text (November 2006) - BBC News PDF-File 36 KB

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