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Agreement
on Monitoring of the Management of Arms
and Armies
28 November 2006
Preamble
In
keeping with the letters to the United Nations
(UN) Secretary-General of 9 August and the
Comprehensive Peace Accord of 21 November
2006;
Guaranteeing
the fundamental right of the Nepali people
to take part in the constituent assembly
elections in a free and fair environment
without fear;
Declaring the beginning of a new chapter
of peaceful democratic interaction by ending
the armed conflict taking place in the country
since 1996, based on the Comprehensive Peace
Accord between the two parties in order
to accomplish, through the constituent assembly,
certainty of sovereignty of the Nepali people,
progressive political outlet, democratic
restructuring of the state, and social-economic-cultural
transformation; and,
Affirming
the will to fully observe the terms of this
bilateral agreement witnessed by the United
Nations:
The
parties agree to seek UN assistance in monitoring
the management of the arms and armies of
both sides by the deployment of qualified
UN civilian personnel to monitor, according
to international norms, the confinement
of Maoist army combatants and their weapons
within designated cantonment areas and monitor
the Nepal Army (NA) to ensure that it remains
in its barracks and its weapons are not
used against any side.
1
Modalities of the Agreement
1.1
Principles
Neither
of the parties shall engage in movement
or redeployment of forces resulting in tactical
or strategic advantage.
Any
claims or reports of violations of this
agreement will be reported to UN monitors,
substantiated or not substantiated, and
subsequently reported to the parties through
the appropriate representative of the UN
Mission in Nepal.
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 them.
Both
parties agree to allow the United Nations,
international donor agencies and diplomatic
missions based in Nepal, national and international
non-governmental organizations, press, human
rights activists, election observers and
foreign tourists to travel unrestricted
according to law in the state of Nepal.
The parties will respect the security, freedom
of movement and well-being of UN Mission
and associated staff, goods and services
in all parts of Nepal.
The parties shall immediately take all necessary
measures to cooperate with efforts aimed
at controlling illicit trafficking of arms
and the infiltration of armed groups.
Both
parties fully agree to not include or use
children who are 18 years old and under
in the armed forces. Children thus affected
would be immediately rescued and necessary
and appropriate assistance will be provided
for their rehabilitation.
1.2
Definitions
The
following definitions are accepted:
(1)
Cantonment (Maoist army) is a temporarily
designated and clearly defined geographical
area for encampment and provision of services
for the Maoist combatant units including
weapons, ammunition and equipment. The cantonments
are provided for all echelons of the Maoist
army.
(2)
Barracking (NA) is the deployment of Nepal
Army units to barracks, including weapons,
ammunition and equipment. No units below
a company level will be independently deployed
unless for activities specified elsewhere
in this agreement or otherwise mutually
agreed by the parties.
(3)
Secure arms storage areas are either military
barracks with regular armoury stores used
for storage of weapons, munitions and explosives,
or storage containers established in special
perimeters at cantonment sites controlled
and guarded by the responsible unit.
(4)
"The parties" refers to the party
of Government of Nepal (including the Nepal
Army) and the party of the Communist Party
of Nepal (Maoist), (including the Maoist
Army.)
(5)
UN Monitoring refers to all efforts by the
United Nations to determine relative compliance
with the terms spelled out in this agreement
and to report to all the parties and others
concerned its findings.
(6)
The Joint Monitoring Coordination Committee
(JMCC) is the monitoring, reporting and
coordinating body chaired by the UN with
membership of the parties. The JMCC is responsible
for supervising compliance by the parties
to this agreement.
(7)
Joint Monitoring Teams (JMTs) are the bodies
which will assist in monitoring the cessation
of hostilities. The Joint Monitoring Teams
will be active at the regional and local
level and in mobile teams. Each team will
be comprised of one UN monitor serving as
team leader, one monitor from Nepal Army
and one monitor from the Maoist Army. Joint
Monitoring Teams will not be used for weapons
storage inspections. Inspections at Maoist
army cantonments will take place with a
UN monitoring team and a representative
of the Maoist army. Inspections at Nepal
Army barracks will take place with a UN
monitoring team and a Nepal Army representative.
(8)
Maoist army combatants: For purposes of
this agreement this will include regular
active duty members of the Maoist army who
joined service before 25 May 2006, who are
not minors and who are able to demonstrate
their service, including by CPN(M) identity
card and other means agreed by the parties.
1.3
Promotion
The
parties shall promote awareness of this
agreement, and adherence to its provisions,
among their commanders, members and affiliated
groups.
The
parties, Government of Nepal, Nepal Army
(NA), CPN(M) and the Maoist army, shall
design, in cooperation with the UN Mission,
an awareness programme to ensure that local
communities and the parties’ commanders,
members and affiliated groups understand
the mandate of the UN Mission and all of
the obligations of the parties spelled out
in this agreement. The information programmes
shall include the use of meetings and print
and electronic media in local languages.
1.4
Phases
This
agreement shall come into force upon signing.
These phases shall occur in the following
sequence:
(1)
Reporting and verification;
(2) Redeployment and concentration of forces;
(3)
Maoist army cantonment, NA barracking and
arms control; and,
(4)
Full compliance with the agreement.
A
full and practical timeline will be established
by the parties for all of these activities
to take place in consultation with the UN.
2
Reporting and verification
The
parties will report detailed information
about their troops and this information
will be treated with appropriate confidentiality
by the United Nations. The parties will
provide maps and sketches showing current
dispositions, including:
(1)
Order of battle/military structure, organisation,
deployment and number of troops;
(2)
Minefields, landmines, unexploded ordnance,
standard explosives, improvised explosive
devices and exact location of such items;
(3)
All necessary information about roads, tracks,
trails and passages related to encampments;
(4)
Information regarding armed or unarmed groups
working along with the parties, the Nepal
Army (NA) and the Maoist army, including
their responsibilities; and,
(5)
Other information required by the UN for
proper monitoring of the disposition of
arms and armies.
The
UN Mission shall check this information
immediately after monitors are deployed.
3
Redeployment and concentration of forces
Comprehensive
plans, timelines and routes for the redeployment
and concentration of forces will be provided
by both the NA and Maoist army to the UN
Mission.
The
redeployment and concentration of all combatants
in Nepal -- with the NA in barracks and
the Maoist army moving in to cantonment
sites -- shall be carried out in consultation
with the UN. The redeployment and cantonment
of forces will be monitored by the UN monitors
after they are deployed.
Both
sides express an understanding to create
a record of government, public and private
buildings, land and other properties and
return them immediately.
The
parties will withdraw all military and paramilitary
checkpoints (unless explicitly permitted
in this agreement) to promote and guarantee
free movement and create an environment
free of fear and intimidation.
The
Nepal Police and Armed Police Force shall
continue the task of maintaining law and
order and conduct criminal investigations
as per the spirit and sentiment of the Jana
Andolan and peace accord as well as the
prevailing law. Both parties agree not to
operate parallel or other forms of mechanism
in any areas of the state or state machinery
as per the spirit of the decisions of November
8, 2006 and the essence of the peace accord.
All sides agree to let employees of Nepal
Government and public agencies travel freely
to any part of the country, to fulfill their
duties and not to create any obstacle or
obstruction while executing their work or
not to let obstructions to arise and to
facilitate their work.
4
Maoist Army cantonment, barracking of the
NA and arms control
4.1
Maoist army cantonment
In accordance with the commitment expressed
in the letter sent to the United Nations,
Maoist army combatants and their weapons
shall be confined within designated cantonment
areas. The cantonment shall be based on
comprehensive planning and preparation before
implementation. After the Maoist army combatants
stay in the temporary cantonments, the Government
of Nepal will provide food supplies and
other necessary arrangements. When implemented,
the comprehensive concept shall ensure good
communications and proper logistics. UN
monitors will have access to any and all
cantonment sites for purposes of monitoring.
4.1.1 Commanders’ responsibilities
The
normal Maoist army chain of command, control,
communication and information will be utilised
to control the Maoist army cantonment, using
the normal Maoist army structure in administration
of the sites.
There
will be seven main cantonment sites and
21 satellite cantonment sites of three per
main cantonment site. The satellite sites
will be clustered no more than two hours
driving distance from the main sites unless
otherwise agreed by the parties.
The
designated seven main sites will be under
command, control, communication and information
of the Maoist army site commander and the
satellite sites by the designated satellite
commanders. The site commanders shall provide
the following information in detail for
each site to the UN Mission:
(1)
Command structure for the unit and sub-units
plotted on a map;
(2) Names of commanders down to company
level;
(3)
Communication system;
(4)
Complete list of personnel;
(5)
Complete list of weapons, i.e. types, numbers,
serial number and calibre under storage
at the main cantonment sites;
(6)
Ammunition inventory type, lot number and
amount; and,
(7)
List of names for the site security guards
detachment, and complete list of weapons
and ammunition for the detachment (main
and satellite cantonment levels).
Site
commanders’ responsibilities include:
(1)
Camp security, including access control
to the site;
(2)
Respect of the security, freedom of movement
and well-being of UN and associated staff,
goods and services;
(3)
Providing information in cooperation with
the UN Mission;
(4)
Maintenance of discipline, morale and normal
training in the spirit of the Comprehensive
Peace Accord, excluding live fire exercises;
(5)
Daily routines and control of troops; and,
(6)
Logistics and camp services (in cooperation
with the Government of Nepal and other assisting
agencies).
4.1.2
Weapons storage and control
The
parties agree upon the safe storage of all
Maoist army weapons and ammunition, in the
seven main cantonment areas under UN monitoring,
except as provided below for perimeter security
purposes. Both sides shall assist each other
to mark landmines and booby-traps used during
the time of armed conflict by providing
necessary information within 30 days and
to defuse and remove/lift and destroy them
within 60 days. All improvised explosive
devices will be collected at designated
sites a safe distance from the main cantonment
areas. Unsuitable devices will be destroyed
immediately. Stable devices will be stored
safely and under 24-hour armed guard. The
parties, in consultation with the UN, will
determine a timeline and process for the
later destruction of all improvised explosive
devices. To ensure the safety of both monitors
and Maoist army personnel, no improvised
explosive devices or crude bombs will be
brought inside the cantonment sites.
In the main cantonment sites the weapons
and ammunition storage area will be secured
by the following system:
(1)
A solid fence will surround the specified
area, including a gate with a lock. There
will be signs on the fence clearly identifying
the restricted area.
(2)
The weapons storage depot will be composed
of storage containers painted white and
furnished with shelves for safe weapons
storage and easy control, and with a complete
inventory (weapon type, calibre and serial
number).
(3)
A single lock provided by the UN will secure
each storage container. The key will be
held by the designated main cantonment site
commander. A 24-hour surveillance camera
will cover the storage site and will be
monitored from the UN office in the cantonment
site. Floodlights will be switched on automatically
during hours of darkness.
(4)
The UN will provide an inspection registration
device mounted on each container door indicating
when the storage container has been opened.
(5)
An alarm system will be connected to sirens
in both the UN office and the camp commander’s
office. The system will be activated if
the container door is opened without a “safe
button” having been switched off in connection
with regular inspections.
(6)
UN monitors will carry out the inspections
of the arms storage area and containers
in the presence of a Maoist army representative.
Each
main cantonment site will be allowed 30
weapons of the same make and model to be
used only for clearly defined perimeter
security by designated guards, with each
satellite allowed 15 such weapons under
the same conditions. These weapons will
all be properly registered with make and
serial number and locked in a guardhouse
when not in use. The parties, in consultation
with the UN, will periodically review the
number of weapons needed for perimeter security
purposes on the basis of a shared threat
assessment.
Security provisions will be made for CPN(M)
leaders through understanding with the government.
The UN Mission shall monitor these commitments
with a full-time presence at the Maoist
army main cantonment sites and through field
visits and regular inspections. These inspections
will be carried out randomly and without
warning.
4.1.3
Registration of Maoist army combatants at
cantonment sites
All
Maoist army combatants will be registered
at the main cantonment sites. This registration
will include the provision of age, name,
rank, responsibilities within unit/formation,
date of entry into service and will provide
the basis for a complete list of personnel.
Maoist combatants will be registered regardless
if they are in possession of weapons or
not. If with weapon, the type and condition
of weapon will be specified. The total number
of weapons will be categorized by unit/formation.
Only those individuals who were members
of the Maoist army before 25 May 2006 will
be eligible for cantonment. The parties
will agree as to how this pre-existing service
is to be confirmed in consultation with
the UN.
As part of this registration, all Maoist
army combatants will present their Maoist
army identity card to be marked by the UN.
The process for marking the cards will be
determined. This registration card will
be the basis for any assistance received
by Maoist army members. Unregistered persons
will not be eligible for assistance or permitted
to remain in cantonments.
Only those Maoist army combatants who have
been properly registered at cantonment sites
will be eligible for possible integration
into the security forces fulfilling the
standard norms. Any discharged personnel
will be ineligible for possible integration.
Those who are eligible for integration into
the security forces will be determined by
a special committee as agreed in the Comprehensive
Peace Accord. This integration process will
be determined in subsequent agreement with
the parties.
Upon registration Maoist army combatants,
if found to be born after 25 May 1988, will
be honourably and automatically discharged.
Discharged Maoist army combatants must:
release all weapons, uniforms and other
military gear; and, agree not to return
to cantonment sites unless mutually agreed
by UN monitors in consultation with the
parties. The assistance packages to be provided
to voluntarily discharged personnel will
be agreed by the parties in advance of cantonment.
The Interim Council of Ministers will form
a special committee to supervise, integrate
and rehabilitate the Maoist army combatants.
4.2
Barracking of the Nepal Army
4.2.1
General regulations
In
accordance with the commitment expressed
in the letter sent to the United Nations,
the Nepal Army shall remain in its barracks
and its arms are not to be used in favour
of or against any side. UN monitors will
have access to any and all NA barracks for
purposes of monitoring whether Nepal Army
forces or weapons are being used for or
against any party. Upon visiting any Nepal
Army barracks for inspection, the site commander
will be duly notified, and UN inspections
will relate only to matters regarding the
disposition of forces and weapons.
The
Council of Ministers will control, mobilise
and manage the Nepal Army as per the Army
Act of 2006 (Sainik Ain 2063) or its successor
legislation. The Interim Council of Ministers
to prepare and implement the detailed action
plan of the Nepal Army's democratization
by taking suggestions from the concerned
committee of the Interim Parliament/legislature.
Under this to carry out activities like
assessing the appropriate number of the
Nepal Army, to train the army in democratic
and human rights values while developing
democratic structure, national and inclusive
character.
4.2.2 Commander responsibilities
The
normal NA chain of command, control, communication
and information will be utilised to monitor
the NA deployment to barracks. The commanders
shall provide the following information
in detail to the UN Mission:
(8)
Command structure for the unit and sub-units
plotted on a map;
(9)
Names of commanders down to company level;
(10)
Communication system;
(11)
Order of battle/military structure, organisation,
deployment and number of troops;
(12)
Minefields, landmines, unexploded ordnance,
standard explosives, improvised explosive
devices and exact location of such items;
and,
(6)
Other information required by the UN for
proper monitoring of the disposition of
arms and armies.
The
NA will respect the security, freedom of
movement and well-being of UN and associated
staff, goods and services, and provide information
in cooperation with the UN Mission according
to Section 2.
The
UN Mission shall monitor these commitments
through daily presence in selected NA barracks,
field visits and regular inspections.
4.2.3
Weapons storage and control
The
Nepal Army will remain within the barracks
as per the commitment expressed in the letter
sent to the UN to ensure that their arms
are not used for or against any party. The
Nepal Army to store arms in equal numbers
to that of the Maoist army, to seal it with
a single-lock and give the key to the concerned
party. In the process of installing the
lock, to assemble a mechanism including
a siren and register for the monitoring
by the UN. While carrying out the necessary
examination of the stored arms, the UN will
do so under the presence of the concerned
party. The barrack where NA arms will be
monitored under the conditions spelled out
in section 4.1.2 will be identified and
agreed by the parties. The arms will be
stored in storage containers.
4.2.4
Deployment and Concentration of Forces –
NA permitted activities
In
accordance with the spirit of the Comprehensive
Peace Accord, continuity will be given to
functions of the Nepal Army including border
security, security of the conservation areas,
protected areas, banks, airports, power
houses, telephone towers, central secretariat
and security of VIPs. A detailed list of
these institutions and installations will
be kept by the NA, along with the number
and types of forces assigned to such duties.
The list of such institutions and installations
will be kept by the NA under seal, and this
information will be made available to UN
monitors when deemed necessary in a case-by-case
basis.
Permitted
NA activities include:
1.
Routine military activities within the barracks
and regular training in barracks and camps.
The JMCC will be notified 48 hours in advance
before undertaking limited live fire exercises
at designated live firing ranges.
2.
Participation in official ceremonies, parades,
etc. as directed by the Government.
3.
Provision of Border Security as directed
by the Government.
4.
Relief of troops on a one-to-one basis,
including transport as mentioned.
5.
Regular maintenance and replacement of non-lethal
equipment, including transport as mentioned.
Maintenance and replacement of lethal weapons
will take place only with the determination
of the interim government or agreement by
both parties.
6.
Execution of development and construction
tasks as directed by the civilian authorities,
on central, regional and local levels.
7.
Provision of support in relief work in times
of natural and other disasters as directed
by the Government.
8.
Participation in Peacekeeping Operations
called for by the United Nations, and all
preparations, transport, training, transfer
of equipment, etc. connected to this.
9.
Provision of security for VVIPs and VIPs.
10.
Provision of security of vital installations
as directed by the Government.
11.
Provision of security of transportation
of Nepal Rastra Bank funds.
For
all of the above activities the rules regarding
notification of troop, air movements and
exercises spelled out in section 5.2 apply.
5
Compliance with the Agreement
5.1
Prohibited Activities
In
the spirit of the Comprehensive Peace Accord,
and in light of this agreement, after the
placement of the Nepal Army in the barracks
and the Maoist Army combatants in cantonment,
the parties shall scrupulously refrain from
the following activities:
1.
Holding and carrying arms is in violation
of the law. Displaying arms, intimidation
and any type of use of violence is prohibited,
and use of arms is legally punishable.
2.
Any type of arms and weapons targeted against
each other in a direct or indirect way or
any act of attack.
3.
Harming or intimidating any person, including
internally displaced persons, humanitarian
and development workers and other non-combatants,
and any seizure of their equipment and property.
4.
Ambushes, murder or violent operations.
5.
Kidnapping, unlawful detention or imprisonment,
disappearances;
6.
All offensive military flights in and over
Nepal.
7.
Damaging or seizing public/private/government,
military or UN property and all attacks
on UN personnel and installations.
8.
Planting mines or improvised explosive devices,
conducting sabotage or military espionage.
9.
Recruiting additional armed forces or conducting
military activities against each other,
including transporting weapons, ammunitions
and explosives (unless mutually agreed by
the parties and notified in advance according
to the terms of this agreement.)
10.
Collecting cash or goods and services or
levying tax against one's wishes and against
the existing law.
11.
Any actions that impede or delay the provision
of humanitarian assistance or protection
to civilians.
12.
Any restrictions on the safe, free and unimpeded
movement of humanitarian or development
agencies undertaking activities approved
by the interim government or its successor.
13.
All acts and forms of gender-based violence.
14.
Any restrictions on the free movement of
people and goods.
15.
All activities that obstruct the efforts
of the UN Mission and amount to a failure
to cooperate with the UN Mission, including
the prohibition of the UN Mission patrols
and flights over any location.
16.
Any attempt by a party to disguise its equipment,
personnel or activities as those of the
UN Mission, other United Nations agencies,
the International Committee of the Red Cross/Crescent
or any other similar organisation.
17.
Any attempt to redeploy military forces
and equipment or occupation of any positions
out of their respective deployment positions
without the consent of the Joint Monitoring
Coordination Committee.
18.
The use of children who are 18 years old
and under in the armed forces.
19.
All hostile propaganda and incitement to
military action.
The
parties shall also refrain from all activities
that are prohibited elsewhere in this agreement.
5.2
Permitted activities
The
key principle that shall underpin permitted
activities for both sides shall be to alleviate
the effects of the armed conflict on civilians
and the war-affected areas and to galvanise
popular support for peace. Permitted activities
for both sides will be conducted as per
the decisions of the interim government.
Troop, air movements and exercises have
to be properly notified and approved by
the Joint Monitoring Coordination Committee
at least 48-hours in advance.
Permitted
activities include:
(1)
De-mining and decommissioning of military
hazards;
(2)
Development activities to include improvement
and opening of roads, rehabilitation of
bridges and passages and airstrips according
to the decisions of the interim government;
(3)
Humanitarian relief;
(4)
Socioeconomic activities such as assisting
free movement of people, goods and services;
(5)
Free movement of unarmed soldiers in plain
civilian clothes who are on granted leave,
medical referrals, or visiting families
– no more than 12 percent of the total retained
force at a given cantonment or barracks
will be on authorised leave at any given
time unless mutually agreed by the parties;
(6)
Supply of non-lethal items to military units,
food, water, medicine, petrol, oil and lubricants,
stationary, uniforms etc; and,
(7)
Medical evacuation.
5.3
Violations
The
following acts shall constitute violations
of the agreement:
(1)
Any act that contravenes this agreement;
(2)
Unauthorised troop movements;
(3)
Unauthorised recruitment, conscription or
mobilisation;
(4)
Unauthorised replenishment of military equipment;
(5)
Violation of human rights, humanitarian
law or obstruction of freedom of movement
of people, goods and services;
(6)
Espionage, sabotage, air surveillance and
acts of subversion; and,
(7)
Military flights, or military flights utilising
civilian aircraft, over cantonment sites
without 48-hour notification to the parties
and the UN mission, except in emergency
situations or medical evacuations.
6
The United Nations Mission
6.1
The Joint Monitoring Coordination Committee
The
Joint Monitoring Coordination Committee
(JMCC), the chairman of which will be appointed
by the UN mission and the delegates from
the parties determined by the parties themselves.
The nine-member JMCC shall be composed of
representatives from the UN, NA and Maoist
Army. The neutral Chairman will be appointed
by the United Nations. There will be two
Vice-Chairmen, one each from the Maoist
Army and the NA. The remaining six members
will be two UN, two NA and two Maoist army,
all as selected by the parties.
The
JMCC shall reach its decisions by consensus.
In the event of a deadlock, the representative
of the UN Secretary-General shall have final
authority for reporting on the compliance
of the parties with this agreement to the
Secretary-General and to the interim government
for resolution. The Chairman shall report
regularly to the representative of the Secretary-General
and to the designated representatives of
the parties regarding the activities of
the JMCC.
The
JMCC shall serve three main functions:
(1)
To assist the parties in implementing this
agreement. The JMCC shall be the central
coordinating body for monitoring arms and
armies in accordance with the terms of this
agreement.
(2)
To serve as a dispute resolution mechanism.
The JMCC shall resolve all disputes and
military or operational difficulties, complaints,
questions or problems regarding implementation
of this agreement.
(3)
To assist in confidence building. The JMCC
shall work to gain the trust and confidence
of the parties and promote the overall goals
of this agreement among the people in Nepal.
In
order to achieve these goals, the JMCC shall
operate according to the following basic
principles:
(1)
Resolve all problems and disputes at the
lowest level possible, i.e. delegation of
authority to the JMTs;
(2)
Promote joint problem-solving and build
trust and confidence through active efforts
to appropriately investigate and report
on all incidents of concern to the parties;
and,
(3)
Build on lessons learned in the process.
The
Joint Monitoring Teams (JMTs), will assist
the Joint Monitoring Coordination Committee
at the local level and through site visits.
The JMTs will comprise one international
monitor as the team leader and one monitor
from Nepal Army and one monitor from the
Maoist Army. The number of JMTs and their
deployment will be determined by the chair
of the JMCC in consultations with that body.
The
tasks of the JMTs will include:
(1)
Village and community visits and liaison
with the civilian community;
(2)
Cooperation with other UN-agencies, and
liaison with international organisations
and non-governmental organisations;
(3)
Assistance to the parties in creating a
favorable operational environment for the
conduct of the ceasefire by information
sharing and defusing local tension;
(4)
A pro-active concept for initiation of conflict
management at the local level; and,
(5)
Investigation of complaints linked to possible
alleged violations of the agreement, reference
paragraph 5.1, and to recommend measures
to ensure compliance.
7
Miscellaneous
This agreement can be revised at any time
with the consent of both parties. Both parties
agree to provide to each other prior written
information if they wish to make any change.
The amendments can be made to the agreement
with the consent of both parties after receiving
the information. The provisions to be made
by such an amendment will not fall below
the minimum standards of accepted international
human rights and humanitarian laws.
Both parties consent to sign any complementary
understandings, as necessary, for the implementation
of the present agreement.
This agreement will be signed by both parties
in Nepali and English. The United Nations
will witness the English language version
of this agreement and, accordingly, the
English-language version of this agreement
will be considered as authoritative in matters
of dispute.
The spirit of the Comprehensive Peace Accord
shall guide the interpretation and implementation
of this agreement by all the parties.
Done in Kathmandu, Nepal on the 28th day
of November, 2006 (12 Mangsir 2063 BS)
___________________
___________________
Krishna B. Mahara Krishna P. Sitaula
Coordinator Coordinator
Negotiating team Negotiating team
CPN (Maoist) Government of Nepal
__________________
Witnessed by
Ian Martin
Personal Representative of the Secretary-General
United Nations
Preamble
In
keeping with the letters to the United Nations
(UN) Secretary-General of 9 August and the
Comprehensive Peace Accord of 21 November
2006;
Guaranteeing
the fundamental right of the Nepali people
to take part in the constituent assembly
elections in a free and fair environment
without fear;
Declaring the beginning of a new chapter
of peaceful democratic interaction by ending
the armed conflict taking place in the country
since 1996, based on the Comprehensive Peace
Accord between the two parties in order
to accomplish, through the constituent assembly,
certainty of sovereignty of the Nepali people,
progressive political outlet, democratic
restructuring of the state, and social-economic-cultural
transformation; and,
Affirming
the will to fully observe the terms of this
bilateral agreement witnessed by the United
Nations:
The
parties agree to seek UN assistance in monitoring
the management of the arms and armies of
both sides by the deployment of qualified
UN civilian personnel to monitor, according
to international norms, the confinement
of Maoist army combatants and their weapons
within designated cantonment areas and monitor
the Nepal Army (NA) to ensure that it remains
in its barracks and its weapons are not
used against any side.
8
Modalities of the Agreement
8.1
Principles
Neither
of the parties shall engage in movement
or redeployment of forces resulting in tactical
or strategic advantage.
Any
claims or reports of violations of this
agreement will be reported to UN monitors,
substantiated or not substantiated, and
subsequently reported to the parties through
the appropriate representative of the UN
Mission in Nepal.
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 them.
Both
parties agree to allow the United Nations,
international donor agencies and diplomatic
missions based in Nepal, national and international
non-governmental organizations, press, human
rights activists, election observers and
foreign tourists to travel unrestricted
according to law in the state of Nepal.
The parties will respect the security, freedom
of movement and well-being of UN Mission
and associated staff, goods and services
in all parts of Nepal.
The parties shall immediately take all necessary
measures to cooperate with efforts aimed
at controlling illicit trafficking of arms
and the infiltration of armed groups.
Both
parties fully agree to not include or use
children who are 18 years old and under
in the armed forces. Children thus affected
would be immediately rescued and necessary
and appropriate assistance will be provided
for their rehabilitation.
8.2
Definitions
The
following definitions are accepted:
(9)
Cantonment (Maoist army) is a temporarily
designated and clearly defined geographical
area for encampment and provision of services
for the Maoist combatant units including
weapons, ammunition and equipment. The cantonments
are provided for all echelons of the Maoist
army.
(10)
Barracking (NA) is the deployment of Nepal
Army units to barracks, including weapons,
ammunition and equipment. No units below
a company level will be independently deployed
unless for activities specified elsewhere
in this agreement or otherwise mutually
agreed by the parties.
(11)
Secure arms storage areas are either military
barracks with regular armoury stores used
for storage of weapons, munitions and explosives,
or storage containers established in special
perimeters at cantonment sites controlled
and guarded by the responsible unit.
(12)
"The parties" refers to the party
of Government of Nepal (including the Nepal
Army) and the party of the Communist Party
of Nepal (Maoist), (including the Maoist
Army.)
(13)
UN Monitoring refers to all efforts by the
United Nations to determine relative compliance
with the terms spelled out in this agreement
and to report to all the parties and others
concerned its findings.
(14)
The Joint Monitoring Coordination Committee
(JMCC) is the monitoring, reporting and
coordinating body chaired by the UN with
membership of the parties. The JMCC is responsible
for supervising compliance by the parties
to this agreement.
(15)
Joint Monitoring Teams (JMTs) are the bodies
which will assist in monitoring the cessation
of hostilities. The Joint Monitoring Teams
will be active at the regional and local
level and in mobile teams. Each team will
be comprised of one UN monitor serving as
team leader, one monitor from Nepal Army
and one monitor from the Maoist Army. Joint
Monitoring Teams will not be used for weapons
storage inspections. Inspections at Maoist
army cantonments will take place with a
UN monitoring team and a representative
of the Maoist army. Inspections at Nepal
Army barracks will take place with a UN
monitoring team and a Nepal Army representative.
(16)
Maoist army combatants: For purposes of
this agreement this will include regular
active duty members of the Maoist army who
joined service before 25 May 2006, who are
not minors and who are able to demonstrate
their service, including by CPN(M) identity
card and other means agreed by the parties.
8.3
Promotion
The
parties shall promote awareness of this
agreement, and adherence to its provisions,
among their commanders, members and affiliated
groups.
The
parties, Government of Nepal, Nepal Army
(NA), CPN(M) and the Maoist army, shall
design, in cooperation with the UN Mission,
an awareness programme to ensure that local
communities and the parties’ commanders,
members and affiliated groups understand
the mandate of the UN Mission and all of
the obligations of the parties spelled out
in this agreement. The information programmes
shall include the use of meetings and print
and electronic media in local languages.
8.4
Phases
This
agreement shall come into force upon signing.
These phases shall occur in the following
sequence:
(5)
Reporting and verification;
(6) Redeployment and concentration of forces;
(7)
Maoist army cantonment, NA barracking and
arms control; and,
(8)
Full compliance with the agreement.
A
full and practical timeline will be established
by the parties for all of these activities
to take place in consultation with the UN.
9
Reporting and verification
The
parties will report detailed information
about their troops and this information
will be treated with appropriate confidentiality
by the United Nations. The parties will
provide maps and sketches showing current
dispositions, including:
(7)
Order of battle/military structure, organisation,
deployment and number of troops;
(8)
Minefields, landmines, unexploded ordnance,
standard explosives, improvised explosive
devices and exact location of such items;
(9)
All necessary information about roads, tracks,
trails and passages related to encampments;
(10)
Information regarding armed or unarmed groups
working along with the parties, the Nepal
Army (NA) and the Maoist army, including
their responsibilities; and,
(11)
Other information required by the UN for
proper monitoring of the disposition of
arms and armies.
The
UN Mission shall check this information
immediately after monitors are deployed.
10
Redeployment and concentration of forces
Comprehensive
plans, timelines and routes for the redeployment
and concentration of forces will be provided
by both the NA and Maoist army to the UN
Mission.
The
redeployment and concentration of all combatants
in Nepal -- with the NA in barracks and
the Maoist army moving in to cantonment
sites -- shall be carried out in consultation
with the UN. The redeployment and cantonment
of forces will be monitored by the UN monitors
after they are deployed.
Both
sides express an understanding to create
a record of government, public and private
buildings, land and other properties and
return them immediately.
The
parties will withdraw all military and paramilitary
checkpoints (unless explicitly permitted
in this agreement) to promote and guarantee
free movement and create an environment
free of fear and intimidation.
The
Nepal Police and Armed Police Force shall
continue the task of maintaining law and
order and conduct criminal investigations
as per the spirit and sentiment of the Jana
Andolan and peace accord as well as the
prevailing law. Both parties agree not to
operate parallel | 
