Break Through Agreement
Full Text Of Agreement
Between Communist Party Of Nepal (Maoist ) And SPA Led Government Of
16 November, 2006
Respecting people’s aspiration
for democracy, peace and progress expressed through repeated historic
people’s movement and struggles since 1951,
Reaffirming commitments to
the 12-point and 8-point agreements, and 25-point code of conduct between
the seven parties and the Maoists along with other agreements, understandings,
code of conducts and letter sent to the United Nations stating similar
perspectives by the Maoists and the Nepal government,
Pledging for progressive
restructuring of the state by resolving prevailing problems related
with class, ethnicity, regional and gender differences,
Reiterating commitments to
competitive multiparty democratic system, civil liberties, fundamental
rights, human rights, complete press freedom, rule of law and all other
norms and values of democratic system,
Guaranteeing the fundamental
rights of the Nepalese people to cast their votes in the constituent
assembly polls without any kind of fear,
By putting democracy, peace,
prosperity, progressive social and economic transformation, independence,
integrity, sovereignty and prestige of the state in the centre-stage
and to implement the commitments made by both the sides to hold the
election to constituent assembly by mid June 2007 in a free and fair
manner, the following decisions have been taken from the meeting of
the top leaders of the seven parties and the Maoists today, November
I. Relating to the
implementation of the past agreements
Implement all the agreements,
understanding and code of conduct signed earlier - fully, sincerely
Form a high-level commission
to investigate and publicise the whereabouts of citizens stated to have
been disappeared by the state and the Maoists in the past
Accelerate the process of
returning the houses, land and properties confiscated in the past. Ensure
the environment so that displaced people would be able to return to
their villages. For this purpose, committees would be formed in districts
comprising representatives from both the sides. Complete all these works
within one month.
Make public announcement
regarding the withdrawal of all accusations and charges levelled by
the state at the leaders and the cadres of the CPN (Maoist) and release
all political prisoners from both the sides.
II. Relating to management
of arms and army
In order to hold the elections
to constituent assembly in a peaceful, free and fair environment and
for democratisation and restructuring of the Nepali Army as per the
feelings expressed in 12-point agreement, 8-point understanding, 25-point
code of conduct and 5-point letter sent to the United Nations, the following
works would be carried out:
Relating to Maoist
As per the commitments expressed
in the letter sent to the United Nations by the Nepal government and
the Maoists on August 9, the combatants of the Maoists would be sent
to following cantonments. The United Nations would do the necessary
verification and monitoring of them.
Main camps would
be in the following places
1. Kailali, 2. Surkhet, 3.
Rolpa, 4. Palpa, 5. Kavre, 6. Sindhuli 7. Ilam. There would be three
smaller camps located in the periphery of each of these main camps
All the arms and ammunitions
would be securely stored in the camps except those needed for providing
security of the camp after the Maoist combatants are sent to the cantonments.
They will be put under a single lock system and the concerned side would
keep the key of this lock. For the UN to monitor it, a device with siren
as well as recording facility will be installed. When there is 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 Nepal government, the Maoists
and the United Nations.
On completion of cantonment
of the Maoist combatants, Nepal government would take up the responsibility
for providing ration and other facilities to them The interim cabinet
would form a special committee to carry out monitoring, integration
and rehabilitation of the Maoist combatants Make arrangement for the
security of the Maoist leaders as per the agreement with the Nepal government
Relating to Nepali
The Nepali Army would be
confined to the barracks as per the commitments of the letter sent to
the United Nations. Guarantee that its arms would not be used for or
against any side. Keep similar quantity of arms of the Nepali Army in
the store, seal it with single-lock system and give the key to the concerned
side. For the UN to monitor it, a device with siren as well as recording
facility will be installed. When there is 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 Nepal government, the Maoists and the United Nations..
The cabinet would control,
mobilise and manage the Nepali Army as per the new Military Act. The
interim cabinet would 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 includes works like
determination of the right number of the Nepali Army, prepare the democratic
structure reflecting the national and inclusive character, and train
them on democratic principles and human rights values
Continue the works of the
Nepali Army such as border security, security of the conservation areas,
protected areas, banks, airport, power house, telephone tower, central
secretariat and security of VIPs.
III. Relating to
the subjects of the interim constitution
1. Relating to interim
Finalise the interim constitution
presented by the interim constitution drafting committee as per the
agreements reached today
The reinstated House of Representatives
would promulgate the interim constitution and the newly formed interim
legislature would endorse it.
2. Relating to the
No rights on state administration
would remain with the King
Bring the properties of the
late King Birendra, late Queen Aishwarya and their family members under
the control of the Nepal government and use it for the welfare purposes
through a trust.
All properties acquired by
King Gyanendra by the virtue of him being the King (like palaces of
various places, forests and conservation areas, heritage having historical
and archaeological importance) would be nationalised.
Determine the fate of the
institution of monarchy by the first meeting of the Constituent Assembly
through simple majority vote.
3. Relating to interim
The interim legislature would
be unicameral of the following type:
There would be 209 members of the seven parties and others who are members
of the present lower and upper house (excluding those who opposed the
people’s movement). Since the Left Front does not have its representation
in the current parliament, its representation in the interim parliament
would be determined based on understanding.
ii. 73 members from the side of the Maoists
iii. 48 members from among
the sister organisations and professional bodies, oppressed ethnic communities
and regions and political personalities (to be nominated based on understanding)
(total number : 330)
But those who stood against
the people’s movement would not be given membership in the interim
The reinstated House of Representatives
and National Assembly would be dissolved once the formation of the interim
parliament is complete.
The people’s government,
people’s court run by the CPN (Maoist) would be dissolved on the
day of the formation of the interim parliament.
Run the interim parliament
as per the political understanding
4. Relating to interim
Form the interim cabinet
as per the understanding
Determine the work division
and structure of the interim parliament as per understanding
The interim government would
work as per the aspiration of the people’s movement, political
understanding and culture of cooperation
5. Relating to judiciary
Follow the norms and values
and concept of the independent judiciary
Make the judiciary committed
to the aspiration of the people’s movement, democracy and interim
Institute a constitutional
court to finalise disputes regarding the constituent assembly
6. Relating to constitutional
A new constitutional council
will be formed that will include the Prime Minister, Chief Justice and
the Speaker of the interim parliament, which will recommend appointments
at the constitutional bodies. Such appointments will be based on specific
The appointments in the Election
Commission will be completed on the basis of understanding.
7. Relating to local
Interim local bodies will
be formed in district, city and village level on the basis of agreement
between the seven political parties and the Maoists.
8. Relating to citizenship problem
Distribute citizenship to
all Nepalis who have been deprived of their citizenship certificate
before the election of the constituent assembly
Considering mid-April 1990
as the base (cut off) year, all Nepalese citizens who were born before
that date and have been continuously living in Nepal since then will
be provided with citizenship certificate.
Other provisions regarding
citizenship will be according to the provisions mentioned in the law.
9. Regarding the
election of the constituent assembly
The interim cabinet will
be given the authority to ascertain the date to hold the election of
the constituent assembly by mid-June 2007.
The election of the constituent
assembly will be based on mixed electoral system. 205 members will be
elected through First-Past-The-Post system. 204 members will be elected
as per the proportional representation system on the basis of votes
won by the political parties. A law in this regard will be made after
consultation with the Election Commission.
While appointing the candidates,
the political parties should ensure proportional representation of oppressed
groups, region, Madheshi, Women, Dalit and other groups.
16 members will be nominated
by the interim Council of Ministers from among distinguished persons.
The total number of members
of the constitutional assembly will be 425.
Nepalese who are 18 years
or above at the time when the interim constitution is promulgated will
be eligible to vote.
Monitoring of the election
of the constituent assembly will be done by the United Nations.
10. Structure of
To end discriminations based
on class, ethnicity, lingual, gender, cultural, religion and region
and to deconstruct the centralised and unitary structure of the state
and to reconstruct it into an inclusive, democratic and forward looking
A high level commission will
be formed to suggest on the restructuring of the state.
Final decision regarding
the restructuring of the state will be made by the constituent assembly.
11. Directive principles
of socio-economic transformation
To end all forms of feudalism,
a common minimum program will be prepared for socio-economic transformation
on the basis of mutual agreement and they will be implemented.
Formulate policies to implement
scientific land reform program by doing away with the feudal land ownership.
To adopt policies that will
protect and promote national industries and resources.
To ascertain the rights of
the citizens on sectors like education, health, shelter, employment
and food security.
Policies will be adopted
to provide land and socio-economic security to backward groups like
landless, bonded labourers, tillers, Haruwa-charuwa and other such groups,
which are socio-economically backward.
To adopt policies to take
strict actions against the people who have worked in government positions
and have amassed huge amount of properties through corruption.
Prepare a common development
concept that will help in socio-economic transformation of the country
and will also assist in ensuring the country’s prosperity in a
short period of time.
Follow policies ascertaining
the professional rights of workers and increase investment on sectors
like promoting industries, trade and export and increase employment
and income generating opportunities.
IV. Relating to the
management of the conflict victims
1. Provisions will be made
for providing proper relief, respect and resettlement for the family
members of the people who have died due to the conflict and for the
ones who have been disabled.
2. Provide relief to the
family members of the people who have been disappeared on the basis
of the report presented by the investigation commission.
3. Carry out special programs
to rehabilitate the people who have been displaced due to the conflict;
to provide relief in case of destruction of private and public properties;
and to reconstruct the destroyed infrastructures.
4. Conduct investigation
about those who were involved in gross violation of human rights at
the time of the conflict and those who committed crime against humanity.
Form a high level Truth and Reconciliation Commission to create an environment
for social reconciliation.
1. A high-level committee
will be formed as per understanding to monitor if the agreement have
2. The government will take
action against anyone involved in acting against the code of conduct,
agreement and laws.
3. At the time of the election
of the constituent assembly, the political parties will be free to present
their policies regarding republic, socio-economic transformation, referendum,
election system and other such issues in which an agreement has not
been reached now.
VI. Time Schedule
1. To conclude comprehensive
peace agreement between Nepal government and the CPN (Maoists) by November
2. That all the Maoist combatants
would gather into the camps by November 21, 2006 as stated in 2(1) and
store the arms. The United Nations would do their verification and monitoring.
3. As stated in 2(5), the
Nepali Army would remain confined in barrack by November 21, 2006 ,
keep the specified number of arms in the store and the United Nations
would conduct its monitoring.
4. To complete the interim
constitution by November 21, 2006
5. To promulgate the interim
constitution by November 26, 2006 , establish the interim legislature
and dissolve the House of Representatives and National Assembly
6. Form the interim cabinet
by December 1, 2006
Chairman, CPN (Maoists)
Girija Prasad Koirala
Prime minister and president of the Nepali Congress
Madhav Kumar Nepal
General secretary of CPN (UML)
Sher Bahadur Deuba
President of Nepali Congress Democratic
Deputy prime minister and chairman of People’s Front Nepal
Bharat Bimal Yadav
Vice president of NSP (Anandi Devi)
Narayan Man Bijukchhe
President of NWPP
C. P. Mainali
Chairman of Left Front
November 8, 2006
Note of dissent by
Agreeing for the implementation
of the subjects stated above as all other parties have agreement on
those, our party has following differences:
1. The UML believes that
the issue of whether to keep the monarchy or not should be determined
through the referendum along
with the election to constituent assembly
2. The UML believes that
it would be most democratic to adopt the proportional system for election
to the constituent assembly.
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