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FULL
TEXT OF SPA-MAOIST NOV.8 AGREEEMNT (ENG)
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. |