Nepal 2006 Constitution (reviewed 2012)

Schedule 4. The Comprehensive Peace Accord concluded between the Government of Nepal and Communist Party of Nepal (Maoist) (Relating to clause (3) of Article 166)

Preamble

Respecting the people’s mandate expressed in favour of democracy, peace and progression through the historical struggles and people’s movements launched by the people of Nepal at various times since before 2007 (1951) till now;

Reaffirming the full commitment to the Twelve-point Understanding, Eight-point Agreement and Twenty-five-point Code of Conduct concluded between the Seven Political Parties and CPN (Maoist), Decisions of the Meeting of Top Leaders of Seven Political Parties and CPN (Maoist) held on 22 Kartik 2063 (8 November 2006) including all agreements, understandings and codes of conduct entered into between the Government of Nepal and CPN (Maoist) and the letter carrying similar perceptions sent to the United Nations;

Pledging to accomplish the progressive restructuring of the State in order to solve the existing problems of the country relating to class, caste, region and gender;

Reiterating the full commitment to competitive multi-party democratic system of governance, civil liberties, fundamental rights, human rights, full freedom of press, and concept of rule of law including democratic values and norms;

Remaining committed to the Universal Declaration of Human Rights, 1948, international humanitarian laws and basic principles and values relating to human rights;

Guaranteeing the basic right of the people of Nepal to take part in the election to the Constituent Assembly in a free, fair and fearless environment;

Putting democracy, peace, prosperity, progressive socioeconomic transformation and independence, integrity, sovereignty and prestige of the country in the center;

Expressing resolution to hold election to the Constituent Assembly in a free and fair manner no later than the month of Jestha of the year 2064 (14 June 2007);

Declaring the beginning of a new chapter of peaceful collaboration by ending, on the basis of political understanding reached between both parties, the armed conflict which has taken place in the country since 2052 (1996), in order to accomplish, through the Constituent Assembly, the guarantee of sovereignty of the People of Nepal, progressive political outlet, democratic restructuring of the State and social-economic-cultural transformation;

This Comprehensive Peace Accord has been concluded between the Government of Nepal and CPN (Maoist) with a commitment to transform the ceasefire reached between the Government of Nepal and CPN (Maoist) into sustainable peace.

1. Preliminary

1. This Agreement shall be cited as the “Comprehensive Peace Accord.” It shall be cited as the “Peace Accord” in short.
2. This Agreement shall come into force on this date through a public declaration by the Government side and the Maoist side.
3. Both sides shall give necessary directives to all the agencies under their control for the immediate implementation of, and compliance with, this Agreement, and shall implement it, and cause it to be implemented.
4. All the agreements, understandings, codes of conduct and decisions reached between the Seven’ Political Parties, the Government and the Maoist sides that are attached in the Annex shall also be considered to be an integral part of this Agreement.
5. Such understandings and agreements as may be required to be reached hereafter for the implementation of this Agreement shall also be considered to be an integral part of this Agreement.

2. Definitions

Unless the subject or the context otherwise requires, in this Agreement,

1. “Ceasefire” shall mean an act to negate any type of attack, kidnapping, disappearance, detention or imprisonment, mobilization and strengthening of armed forces, offensive and violent operation targeted against each other, and any activity spreading, inciting and instigating disruptive acts in the society.
2. “Interim Constitution” shall mean the Interim Constitution of Nepal, 2063 (2007) to be promulgated until a new constitution is framed and enforced by the Constituent Assembly.
3. “Interim Council of Ministers” shall mean the Interim Council of Ministers to be constituted pursuant to the Interim Constitution.
4. “Both parties” shall mean the party of the Government of • Nepal and the party of Communist Party of Nepal (Maoist).
5. “Laws in force” shall mean the Interim Constitution of Nepal, 2063 (2007) and Nepal laws in force that are not inconsistent with it.Provided that this definition shall not affect the legal provisions existed prior to the promulgation of the Interim Constitution, 2063 (2007).
6. “Verification” shall mean the preparation of true records after the verification of armies, combatants and arms by the United Nations.

3. Political-economic-social transformation and conflict management

Both parties agree to adopt the following policies and programs for the political, economic and social transformation and to positively manage the conflicts existing in the country:

1. To ensure progressive political, economic and social transformation on the basis of the Decisions of the Meeting of Top Leaders of Seven Political Parties and CPN (Maoist) held on 22 Kartik 2063 (8 November 2006) (As attached in Annex-6).
2. To constitute the Interim Legislature-Parliament based on the Interim Constitution; and the Interim Government is to hold election to the Constituent Assembly freely and fairly no later than the month of Jestha of the year 2064 (mid-June 2007); and to guarantee sovereignty inherent in the people of Nepal.
3. The King shall have no power relating to the governance of the country. The properties of the late King Birendra, late Queen Aishwarya and their families are to be brought under control of the Government of Nepal and held in a trust, to be used for the interests of the nation. All properties acquired by King Gyanendra in capacity of the King (such as palaces, forest parks and heritages of historical and archaeological importance situated in various places) are to be nationalized. The first meeting of the Constituent Assembly is to decide, by t simple majority, whether the institution of monarchy is to be retained or not.
4. To adopt a political system which is in full compliance with the universally accepted basic human rights, competitive multi-party democratic system, sovereignty inherent in the people and supremacy of the people, constitutional checks and balances, rule of law, social justice equality, independent judiciary periodic elections, monitoring by the civil society, complete press freedom, right of the people to information, transparency and accountability in the activities of political parties, public participation and concepts of impartial, efficient and fair bureaucracy, and maintain good governance while putting an end to corruption and impunity.
5. To end the existing centralized and unitary structure of the State so as to address the problems including those of women, Dalit, indigenous peoples, Madhesi, oppressed, excluded and minority communities and backward regions, and make an inclusive, democratic and progressive restructuring of the State, while at the same time doing away with discriminations based on class, caste, language, gender, culture, religion and region.
6. To set, through mutual understanding, a common minimum program on socio-economic transformation, doing away with all forms of feudalism and keep on implementing the program.
7. To pursue a policy of implementing a scientific land reforms program by doing away with the feudalistic land ownership.
8. To pursue a policy of protecting and promoting domestic industries and means and resources.
9. To pursue a policy of establishing the right of all citizens to education, health, housing, employment and food sovereignty.
10. To pursue a policy of providing socio-economic security including land to the landless squatters, bonded labors, tillers, Harawa-Charawa as well as the economically and socially backward classes.
11. To pursue a policy of taking strict action against and punishing those who amass illicit wealth through corruption while holding a public office of profit.
12. To build a common development concept for socio-economic transformation of the country and justice, and making the country prosperous and economically sound rapidly.
13. To pursue a policy of extensively increasing, income-generating opportunities by increasing investment in industry, trade, export promotion etc., while at the same time ensuring the professional ,rights of labors.

4. Management of armies and arms

With a view to holding the election to the Constituent Assembly in a peaceful, fair and free of fear environment and democratizing and restructuring the Army, to carry out the following acts in consonance with the Twelve-point Understanding, Eight-point Agreement, Twenty five- point Code of Conduct concluded in the past, the Five-point Letter sent to the United Nations, and the Decisions of the Meeting of Top Leaders held on 22nd Kartik (8 November):

Relating to the Maoist army

1. In accordance with the commitment expressed in the letter sent on behalf of the Government of Nepal and the CPN (Maoist) to the United Nations on 24 Shrwan 2063 (9 August 2006), the Maoist army combatants shall be confined within the following cantonment areas. The United Nations is to verify and monitor them.The main cantonments shall be placed in following locations:
   1. Kailali
   2. Surkhet
   3. Rolpa
   4. Nawalparasi
   5. Chitwan
   6. Sindhuli
   7. Ilam

   Three satellite cantonments shall be placed in the periphery of each of these main cantonments.

2. After confining the Maoist army combatants in the cantonments, all arms, other than the arms and ammunitions required for the security of the cantonments, are to be securely stored within the cantonments, to be sealed with a single-lock, and the concerned party is to hold the key. In the process of installing the lock, to assemble a device including a siren and register for the monitoring by the United Nations. While carrying out the necessary examination of the stored arms, the United Nations is to do so under the presence of the concerned party. Other detailed technical specifications in this respect including camera monitoring are to be prepared with the consent of the United Nations, the CPN (Maoist) and the Government of Nepal.
3. After the Maoist army combatants stay in the cantonments, the Government of Nepal is to provide food supplies and other necessary arrangements for them.
4. The Interim Council of Ministers is to form a special committee for the supervision, integration and rehabilitation of the Maoist combatants.
5. Security provisions are to be made for Maoist leaders through understanding with the Government.

Relating to the Nepal Army

1. In accordance with the commitment expressed in the letter sent to the United Nations, the Nepal Army shall remain in its barracks. That its arms are not to be used in favor of or against any side shall be guaranteed. The Nepal Army is to securely store arms in equal numbers to that of the Maoist army, to seal it with a single-lock; and the concerned party is to hold the key. In the process of installing the lock, to assemble a device including a siren and register for the monitoring by the United Nations. While carrying out the necessary examination of the stored arms, the United Nations is to do so under the presence of the concerned party. Other detailed technical specifications in this respect including camera monitoring are to be prepared with the consent of the United Nations, the Government of Nepal and the CPN (Maoist).
2. The Council of Ministers shall control, mobilize and manage the Nepal Army as per the new Army Am The Interim Council of Ministers is to prepare and implement the detailed action plan for the democratization of the Nepal Army, with political understanding and by taking suggestions from the concerned committee of the Interim Parliament Under this, to carry out activities like to assess the appropriate number of the Nepal Army, to train the army in democratic and human rights values, while developing democratic stricture, national and inclusive character.
3. The Nepal Army is to continue to perform functions including border security, security of the conservation areas, protected areas, banks, airports, power houses, telephone towers, central secretariats and security of VIPs.

5. Ceasefire

1. Termination of military action and armed mobilization:
   1. Both sides express their commitment to refrain from carrying out any of the following activities:
      1. Any type of arms and weapons targeted against each other in a direct or indirect way or any attack;
      2. Searching or seizing arms and weapons belonging to the other side, with or without weapons, at the place where the arms have been stored with the understanding of both parties;
      3. Hurting any person or subjecting any person to mental pressure;
      4. Laying ambushes targeted against each other;
      5. Committing murder and violent operations;
      6. Any act of kidnapping/arrest/ detention/ disappearance;
      7. Destroying any public/private/ governmental or military property;
      8. Making aerial attacks or bombardments;
      9. Planting mines and conducting sabotage;
      10. Conducting military espionage against each other.
   2. Both parties shall not recruit additional armed forces or conduct military activities against each other, including transporting weapons ammunitions and explosives. Provided that the security forces deployed by the Interim Government shall have authority to conduct routine patrol, explore in order prevent illegal trafficking of the weapons, explosives or raw materials used in assembling weapons at the international border and custom, points and seize them.
   3. No person or group shall move carrying illegal arms, ammunitions and explosives.
   4. Both parties shall assist each other to mark the landmines and booby-traps used during the time of armed conflict by providing necessary information about their sketches, maps and storage within 30 days and defuse and destroy the same within 60 days.
   5. Armies of both parties shall not be present with arms or in combat fatigue in any civil assembly or political assembly or public program.
   6. 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 people’s movement (Jana Andolan) and Peace Accord as well as the laws in force.
   7. Both parties shall issue circulars to their respective armed bodies and personnel to stop addressing any armed personnel of the other party as ‘enemy’ and to behave in similar manner.
   8. Both parties agree to establish an inventory of the government, public, private buildings, lands and other properties seized, locked up or not allowed to be used in the course of armed conflict and to return them back immediately.
2. Measures for normalization of situation:
   1. Collecting cash or goods and levying tax against one’s wishes and against the laws in force shall be prohibited.
   2. Both parties agree to make public the status of people in their custody and release all of them within 15 days.
   3. Both parties agree to make public, within 60 days after the signing of the Peace Accord the real names, surnames and addresses of the people disappeared by them and of those killed during the war and provide information thereof to the family members, as well.
   4. Both parties agree to constitute a national peace and rehabilitation commission and carry out works through it to maintain peace in the society and operate relief and rehabilitation works for the people victimized from and displaced as a result of the war/conflict, while normalizing the adverse situation emerged from the armed conflict.
   5. Both parties agree to constitute, with mutual understanding, a high level truth and reconciliation commission for finding out the truth about those who committed the gross violation of human rights and were involved in the crime against humanity in the course of armed conflict and for creating an environment of reconciliation in the society.
   6. Both parties pledge to abandon all types of war, attack, counter-attack, violence and counter-violence existing in the country, with a commitment to ensure democracy, peace and progressive transformation in the Nepalese society. It is also agreed that both parties shall assist each other in establishing peace and maintaining peace and security.
   7. Both parties guarantee to withdraw accusations, claims, complaints and sub judice cases made or filed against various persons on political grounds and immediately make public the status of detainees and release them at once.
   8. Both parties express commitment to allow without any political prejudice, the people displaced in the course of conflict to return back voluntarily to their respective ancestral or former residence, reconstruct the infrastructures destroyed, as a result of the hostilities and to rehabilitate and socialize the displaced persons with honor.
   9. Both parties agree to take individual and collective responsibility of resolving, also with the support of all political parties, civil society and local institutions, any problems arising in the said context, through mutual understanding, and creating an atmosphere conducive to the normalization of mutual relations and reconciliation.
   10. Both parties express commitment not to make any discrimination against nor to exert any kind of pressure on any member of the family on the ground that such member is affiliated with other party.
   11. Both parties agree to let employees of the Government of the Nepal and public agencies travel freely to any part of the country, to fulfill their duties and not to create any obstacles or obstruction while executing their work or not to let obstruction to arise and to facilitate their work.
   12. Both parties agree to allow the United Nations, international donors agencies and diplomatic missions based in Nepal, national or international non-governmental organizations, press, human rights activists, election observers and foreign tourists to travel unrestricted in the State of Nepal in accordance with law.
   13. Both parties are committed to operate publicity programs in a decent and respectable manner.

6. Cessation of hostilities

1. Based on the historic agreement reached between the Seven Political Parties and the CPN (Maoist) on 8 November 2006, we hereby declare the cessation of the armed hostilities having taken place since 2052 (1995), while giving permanency to the ongoing ceasefire between the Government and the Maoist.
2. The Decisions of the Meeting of Top Leaders Seven Political Parties and CPN (Maoist) held on 22 Kartik 2063 (8 November 2006) shall be the main policy basis for long-term peace.
3. After the confinement of the Nepal Army in the barracks and the Maoist Army combatants in the cantonments, holding, displaying the arms, intimidation and any type of use of violence and arms, in contravention of the understanding, agreement and law, shall be legally punishable.
4. Armies of both parties shall not be allowed to canvass, and be engaged in, for or against any side. Provided that they shall not be deprived of the right to vote.

7. Observance of human rights, fundamental rights al humanitarian law

Remaining committed to the Universal Declaration of Human rights, 1948, international humanitarian law and basic principles and values relating to human rights, both parties express their consent to the following matters:

1. Human rights
   1. Both parties reiterate their commitment to the respect for and protection of human rights and to international humanitarian law, and accept that no person shall be discriminated against on the ground of color, sex, language, religion, age, race, national or social origin, wealth disability, birth and other status, opinion or belief.
   2. Both parties agree to create an environment where the Nepalese people can enjoy their civil, political, economic, social and cultural rights, and are committed to make such an environment that such rights are not violated in any circumstances in the future.
   3. Both parties express the commitment that in accordance with law, impartial investigation shall be carried out in respect of, and action taken against, those persons who are responsible for obstruction in the enjoyment of the rights mentioned in this Peace Accord and ensure that impunity shall not be encouraged. In addition, they shall also ensure the right of the victims of conflict and torture and the right of the families of the disappeared persons to obtain relief.
   4. Both parties shall not do any act to torture, kidnap the general public and forcefully engage them in work, and shall also take necessary action to discourage such act.
   5. Based on the values and norms of secularism, both parties shall respect social, cultural and religious sensitivity, religious sites and the religious faith of individuals.
2. Right to life
   1. Both parties shall respect and protect the .basic right of a person to life. No person shall be deprived of this basic right; and no law shall be made which provides for the death penalty.
3. Personal dignity, freedom and movement
   1. Both parties respect and safeguard the right to personal dignity. In this respect, any person including a person who is deprived of freedom in accordance with law shall not be subjected to torture or any other cruel, inhuman or degrading treatment or punishment. The citizen’s right to privacy shall be respected in accordance with law.
   2. Both parties shall fully respect the right of person to freedom and security and shall not arbitrarily or illegally detain any person nor shall kidnap, or take any person in hostage. Both parties agree to make public the status of the persons who have been disappeared and held in captivity by them and provide information in this respect to their families, legal advisers and other authorized persons.
   3. Both parties shall respect and protect the right of every citizen to free movement and freedom to choose one’s place of, residence in accordance with legal norms, and express the commitment to respect the right of the persons displaced by the conflict and their families to return back to their homes or to settle in any other place of their choice.
4. Civil and political rights
   1. Both parties are committed to respect and, protect the freedom of every person to opinion, expression, form unions an-organizations and assemble peaceably and the right of every person against exploitation.
   2. Both parties respect the right of every citizen to take part directly or through representative of his or her choice in issues of public concern, to vote, to be elected and to equality in admission to public services.
   3. Both parties are committed to respect the right of every person to be informed.
5. Economic and social rights
   1. Both parties are committed to respect and protect the right of every person to livelihood by doing employment which he or she chooses or accepts freely.
   2. Both parties are committed to respect and guarantee the right of all people to food security and ensure that there shall be no interference in the use, transport and distribution of food items, food production and food grains.
   3. Both parties realize the fact that the right of every citizen to health must be respected and protected. Both parties shall not hinder drug supplies and aid and health related campaigns, and express commitment to do medical treatment and have rehabilitation of those who are injured in the course of conflicts.
   4. Realizing that the right of all to education must be guaranteed and respected, both parties are committed to maintain conducive educational environment in educational institutes. Both parties agree to ensure that the right to education shall not be violated. They agree to immediately stop acts to take possession of and use educational institutes and disappear or control or abduct teachers and students and not to put army barracks in such a manner as to affect schools and hospitals.
   5. Both parties agree that no private property of any person shall be expropriated or seized except in accordance with law.
   6. Both parties believe in encouraging to give continuity to production works without disturbing the industrial climate in the country, to respect the right to collective bargaining and social security in industrial enterprises, to pacifically resolve problems, if any, arising between the industrial enterprises and labors, and respect the right to work as prescribed by the International Labor Organization.
6. Rights of the women and the child
   1. Both parties fully agree to have special protection of the rights of the women and the child, to immediately prevent all forms of violence against women and children, including sexual exploitation and abuse as well as child labor and not to include or use children who are 18 years old or under in the armed forces. Children thus affected shall be immediately rescued, and necessary and appropriate assistance shall be provided for their rehabilitation.
7. Right to personal liberty
   1. Both parties agree to the freedom of opinion and ideology, freedom of speech and publication, freedom to assemble peaceably and without arms, freedom to make movement, freedom to practice or carry on any profession or occupation of one’s own choice, freedom to acquire, own and possess any property, freedom to take part in peaceful political activities, the right to be equal before the law, and to carry out, or cause to be carried out, harmonious justice system.

8. Settlement of differences, and implementation mechanism

1. Both parties agree to be so individually and collectively responsible as not to repeat mistakes made in the past and to keep on correcting such mistakes in gradual manner.
2. The National Peace and Rehabilitation Commission may set up any such mechanism as may be required to make the peace campaign successful. The composition and rules of procedure of the Commission shall be as determined by the Interim Council of Ministers.
3. Both parties are committed to settle all kinds of present and future mutual differences or problems through mutual dialogue, understanding, agreement and negotiation.
4. Both parties express commitment that the Interim Council of Ministers may constitute, and determine rules of procedure of, the National Peace and Rehabilitation Commission, the Truth and Reconciliation Commission, the High-level Recommendation Commission on State Restructuring as well as such other mechanisms as may be necessary for the implementation of this Peace Accord, the Interim Constitution and all decisions, agreements and understandings reached between the Seven Parties, the Government of Nepal and the CPN (Maoist).

9. Implementation and monitoring

Both parties agree to make the following arrangements for the implementation and monitoring of the agreements mentioned in this Agreement:

1. Both parties agree to give continuity to the monitoring of the human rights related provisions contained in this Agreement by the United Nations Office of the High Commissioner Human Rights, Nepal.
2. Both parties agree to have the management of arms and armies monitored by the United Nations Mission in Nepal in accordance with the five-point letter sent previously and the provisions contained in this Agreement and express the commitment to render assistance in this respect.
3. Both parties agree to have the election to the Constituent Assembly supervised by the United Nations.
4. The National Human Rights Commission shall also carry out tasks related to the monitoring of human rights as mentioned in this Agreement, in addition to its statutory functions and responsibilities. In the course of discharging its functions, the Commission may make necessary coordination with and seek assistance of national and international organizations on human rights.
5. Both parties agree to receive reports made by and provide such information as sought by all bodies mentioned above, and to implement, through agreements and discussions, any suggestions and recommendations made by such bodies.

10. Miscellaneous

1. Both parties agree not to operate any parallel structure or any structure in any form in any area of the State or Government mechanism in consonance with the letters of the Decision of November 8 and the spirit of this Agreement.
2. Both parties consent to sign any other complementary understandings, as necessary, for the implementation of this Agreement.
3. This Agreement may 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 amendment. Such amendment can be made with the consent of both parties after receiving such information. The provisions to be made by such an amendment shall not fall below the minimum standards of accepted international human rights and humanitarian law and the main essence of peace building.
4. If there arises any dispute in respect of any interpretation of this Agreement, the joint mechanism comprising both parties shall make interpretation on the basis of the Preamble and the documents included in the Appendices of this Agreement, and such interpretation shall be final.
5. The concept and situation of ‘two parties’ as mentioned in this Agreement shall ipso facto cease to exist after the constitution of the Interim Legislature-Parliament. Thereafter, the obligation to implement, or cause to be implemented, all responsibilities mentioned in this Agreement shall be as provided by the Interim Council of Ministers. It shall be the duty and responsibility of all political parties to extend cooperation in the observance and implementation of this Agreement.
6. We heartily appeal all to resolve their problems and demands through dialogue and negotiation and extend cooperation in holding the election to the Constituent Assembly and maintaining law and order, at a time when the entire country is focusing on the main campaign of the election to the Constituent Assembly.
7. We heartily appeal the political parties, civil society, professional communities, people’s class organizations, journalists, academicians and all the Nepalese people to actively participate in this historic campaign of building a new democratic Nepal and establishing sustainable peace through the election to the Constituent Assembly, by ending the armed conflicts.
8. We heartily urge all friendly countries and the United Nations as well as the international community to extend support to Nepal in this campaign of establishing absolute democracy and sustainable peace.

1. In realization of the responsibility towards the future of the country and the people, and with full commitment to this Comprehensive Peace Accord, we, on behalf of the Government of Nepal, and the Communist Party of Nepal (Maoist), sign this Comprehensive Peace Accord and hereby make it public.Sd. Prachnda Chairman Communist Party of Nepal (Maoist)

   Sd. Girija Prasad Koirala Prime Minister Government of Nepal

   Date of signature: 2063.8.5 (21 November 2006)