The 16 Point Agreement
Export agreement coding (PDF)- Country/entityNepal
- RegionAsia and Pacific
- Agreement nameThe 16 Point Agreement
- Date8 Jun 2015
- Agreement statusMultiparty signed/agreed
- Interim arrangementYes
- Agreement/conflict levelIntrastate/intrastate conflict ( )
- StageImplementation/renegotiation
- Conflict natureGovernment
- Peace processNepal peace process
- PartiesSushil Koirala, Prime Minister and President, Nepali Congress
KP Sharma Oli, Chairman, CPN-UML
Pushpa Kamal Dahal, Chairman, UCPN (Maoist)
Bijay Kumar Gachhadar, Chairman, Madhesi Janadhikar Forum-Loktantrik - Third parties-
- DescriptionA short agreement agreeing details of the parliament and electoral system, the forms of government, the federal division of the country, the judicial system, and local government elections.
- Agreement document
Groups
- Children/youth
No specific mention.
- Disabled persons
No specific mention.
- Elderly/age
No specific mention.
- Migrant workers
No specific mention.
- Racial/ethnic/national group
No specific mention.
- Religious groups
No specific mention.
- Indigenous people
No specific mention.
- Other groups
No specific mention.
- Refugees/displaced persons
No specific mention.
- Social class
No specific mention.
Gender
- Women, girls and gender
No specific mention.
- Men and boys
No specific mention.
- LGBTI
No specific mention.
- Family
No specific mention.
State definition
- Nature of state (general)
No specific mention.
- State configurationPage 1, 1. The Federal Democratic Republic of Nepal will have eight provinces based on five criteria of identity and four criteria of capability.
Page 1, 2. Two-thirds majority of provincial assemblies will name the provinces.
Page 1, 3. The Nepal government will form a federal commission to recommend on demarcation of federal provinces. The commission will have a tenure of six months. The Legislature-Parliament will take a final decision on the demarcation with a two-thirds majority after the recommendation of the commission.
Page 1, Forms of Government: 7. To run the state affairs, a federal democratic republic multiparty parliamentary system of governance will be adopted. The leader of the party having a clear majority or having support of other parties in Parliament will become the executive prime minister.
Page 1, Forms of Government: 8. There will be a constitutional President in Nepal. An electoral college of the federal legislature parliament and provincial assemblies will elect the President.
(The UCPN (Maoist) has its differences on the parliamentary system of governance and the constitutional president. Despite this, the party agrees to taking forward the constitution writing process.) - Self determination
No specific mention.
- Referendum
No specific mention.
- State symbols
No specific mention.
- Independence/secession
No specific mention.
- Accession/unification
No specific mention.
- Border delimitationPage 1, 3. The Nepal government will form a federal commission to recommend on demarcation of federal provinces. The commission will have a tenure of six months. The Legislature-Parliament will take a final decision on the demarcation with a two-thirds majority after the recommendation of the commission.
- Cross-border provision
No specific mention.
Governance
- Political institutions (new or reformed)Governance→Political institutions (new or reformed)→New political institutions (indefinite)Page 1, 2. Two-thirds majority of provincial assemblies will name the provinces.
Page 1, Parliament and Electoral System: 4. There will be a bicameral parliament comprising federal legislature parliament and the upper house. Provincial parliaments will be unicameral.
Page 1, Parliament and Electoral System: 5. Mixed electoral system will be adopted for parliamentary election. There will be 275 members in Parliament. There will be 165 constituencies based on geography and population. A total of 165 lower house members will be elected through first-past-the-post (FPTP) system. The rest—110–will be elected through the proportional representation system.
Page 1, Parliament and Electoral System: The upper house will have 45 members–40 of the members will be elected equally from each federal province. The remaining five will be nominated by President on the recommendation of the Council of Ministers.
Page 1, Forms of Government: 7. To run the state affairs, a federal democratic republic multiparty parliamentary system of governance will be adopted. The leader of the party having a clear majority or having support of other parties in Parliament will become the executive prime minister.
Page 1, Forms of Government: 8. There will be a constitutional President in Nepal. An electoral college of the federal legislature parliament and provincial assemblies will elect the President.
(The UCPN (Maoist) has its differences on the parliamentary system of governance and the constitutional president. Despite this, the party agrees to taking forward the constitution writing process.)
Page 1, Forms of Government: 9. After the promulgation of the new constitution, the election of the President, Vice President, Prime Minister, Speaker and Deputy Speaker will be held by the transformed Legislature-Parliament as per the Interim Constitution-2007.
Page 2, Local Body Election: 16. The election of local bodies will be held as soon as possible to strengthen the representation and participation of the people.Governance→Political institutions (new or reformed)→Temporary new institutionsPage 1, 3. The Nepal government will form a federal commission to recommend on demarcation of federal provinces. The commission will have a tenure of six months. The Legislature-Parliament will take a final decision on the demarcation with a two-thirds majority after the recommendation of the commission.
Page 2, Forms of Government: 10. Until the next election of the House of Representatives, the transformed Legislature-Parliament will hold the election of the Prime Minister, vote of confidence, no confidence motion and Cabinet formation as per the Interim Constitution-2007. The impeachment of the President, Vice President, Prime Minister, Speaker, Deputy Speaker will be in accordance with the Interim Constitution-2007. - ElectionsPage 1, Parliament and Electoral System: 5. Mixed electoral system will be adopted for parliamentary election. There will be 275 members in Parliament. There will be 165 constituencies based on geography and population. A total of 165 lower house members will be elected through first-past-the-post (FPTP) system. The rest—110–will be elected through the proportional representation system.
Page 2, Local Body Election: 16. The election of local bodies will be held as soon as possible to strengthen the representation and participation of the people. - Electoral commission
No specific mention.
- Political parties reform
No specific mention.
- Civil society
No specific mention.
- Traditional/religious leaders
No specific mention.
- Public administration
No specific mention.
- ConstitutionGovernance→Constitution→Constitutional reform/makingPage 1, Forms of Government: 8. There will be a constitutional President in Nepal. An electoral college of the federal legislature parliament and provincial assemblies will elect the President.
(The UCPN (Maoist) has its differences on the parliamentary system of governance and the constitutional president. Despite this, the party agrees to taking forward the constitution writing process.)
Page 2, Judicial System: 12. The Supreme Court will be the court of record. It will be authorised to make final interpretation of the constitution.
Page 2, Judicial System: 13. A Constitutional Court will be formed in order to settle disputes on the jurisdictions between the provinces and the Centre, between provinces, between provinces and local bodies, and election-related disputes of the House of Representatives, National Assembly and provincial assemblies. The Constitutional Court shall have the final decision on these issues. The court will be chaired by the Chief Justice of the Supreme Court and will comprise two senior-most justices, and two legal experts who are qualified for the post of Supreme Court Justice. The tenure of the Constitutional Court will be 10 years from the promulgation of the new constitution.
Page 2, Judicial System: 15. The constitution writing process will be taken forward based on the spirit of this fundamental agreement on federalism, forms of government, electoral system, and judicial system.
Power sharing
- Political power sharing
No specific mention.
- Territorial power sharingPower sharing→Territorial power sharing→Federal or similar sub-divided governmentPage 1, 1. The Federal Democratic Republic of Nepal will have eight provinces based on five criteria of identity and four criteria of capability.
Page 1, 2. Two-thirds majority of provincial assemblies will name the provinces.
Page 1, Parliament and Electoral System: 4. There will be a bicameral parliament comprising federal legislature parliament and the upper house. Provincial parliaments will be unicameral. - Economic power sharing
No specific mention.
- Military power sharing
No specific mention.
Human rights and equality
- Human rights/RoL general
No specific mention.
- Bill of rights/similar
No specific mention.
- Treaty incorporation
No specific mention.
- Civil and political rights
No specific mention.
- Socio-economic rights
No specific mention.
Rights related issues
- Citizenship
No specific mention.
- Democracy
No specific mention.
- Detention procedures
No specific mention.
- Media and communication
No specific mention.
- Mobility/access
No specific mention.
- Protection measures
No specific mention.
- Other
No specific mention.
Rights institutions
- NHRI
No specific mention.
- Regional or international human rights institutions
No specific mention.
Justice sector reform
- Criminal justice and emergency law
No specific mention.
- State of emergency provisions
No specific mention.
- Judiciary and courtsPage 2, Judicial System: 11. An independent, impartial and efficient judicial system will be formed as per the concept of independent judiciary.
Page 2, Judicial System: 12. The Supreme Court will be the court of record. It will be authorised to make final interpretation of the constitution.
Page 2, Judicial System: 13. A Constitutional Court will be formed in order to settle disputes on the jurisdictions between the provinces and the Centre, between provinces, between provinces and local bodies, and election-related disputes of the House of Representatives, National Assembly and provincial assemblies. The Constitutional Court shall have the final decision on these issues. The court will be chaired by the Chief Justice of the Supreme Court and will comprise two senior-most justices, and two legal experts who are qualified for the post of Supreme Court Justice. The tenure of the Constitutional Court will be 10 years from the promulgation of the new constitution.
Page 2, Judicial System: 14. The provision on the formation of the Judicial Council will be as determined by the Interim Constitution-2007. - Prisons and detention
No specific mention.
- Traditional Laws
No specific mention.
Socio-economic reconstruction
- Development or socio-economic reconstruction
No specific mention.
- National economic plan
No specific mention.
- Natural resources
No specific mention.
- International funds
No specific mention.
- Business
No specific mention.
- Taxation
No specific mention.
- Banks
No specific mention.
Land, property and environment
- Land reform/rights
No specific mention.
- Pastoralist/nomadism rights
No specific mention.
- Cultural heritage
No specific mention.
- Environment
No specific mention.
- Water or riparian rights or access
No specific mention.
Security sector
- Security Guarantees
No specific mention.
- Ceasefire
No specific mention.
- Police
No specific mention.
- Armed forces
No specific mention.
- DDR
No specific mention.
- Intelligence services
No specific mention.
- Parastatal/rebel and opposition group forcesPage 1, Forms of Government: 8. There will be a constitutional President in Nepal. An electoral college of the federal legislature parliament and provincial assemblies will elect the President.
(The UCPN (Maoist) has its differences on the parliamentary system of governance and the constitutional president. Despite this, the party agrees to taking forward the constitution writing process.) - Withdrawal of foreign forces
No specific mention.
- Corruption
No specific mention.
- Crime/organised crime
No specific mention.
- Drugs
No specific mention.
- Terrorism
No specific mention.
Transitional justice
- Transitional justice general
No specific mention.
- Amnesty/pardon
No specific mention.
- Courts
No specific mention.
- Mechanism
No specific mention.
- Prisoner release
No specific mention.
- Vetting
No specific mention.
- Victims
No specific mention.
- Missing persons
No specific mention.
- Reparations
No specific mention.
- Reconciliation
No specific mention.
Implementation
- UN signatory
No specific mention.
- Other international signatory
No specific mention.
- Referendum for agreement
No specific mention.
- International mission/force/similar
No specific mention.
- Enforcement mechanism
No specific mention.
- Related cases
No specific mention.
- SourceNP News Portal: http://www.npnewsportal.com/the-16-point-agreement-full-text/ (unofficial translation)
The 16-point agreement
1. The Federal Democratic Republic of Nepal will have eight provinces based on five criteria of identity and four criteria of capability.
2. Two-thirds majority of provincial assemblies will name the provinces.
3. The Nepal government will form a federal commission to recommend on demarcation of federal provinces.
The commission will have a tenure of six months.
The Legislature-Parliament will take a final decision on the demarcation with a two-thirds majority after the recommendation of the commission.
Parliament and Electoral System
4. There will be a bicameral parliament comprising federal legislature parliament and the upper house.
Provincial parliaments will be unicameral.
5. Mixed electoral system will be adopted for parliamentary election.
There will be 275 members in Parliament.
There will be 165 constituencies based on geography and population.
A total of 165 lower house members will be elected through first-past-the-post (FPTP) system.
The rest—110–will be elected through the proportional representation system.
6. The upper house will have 45 members–40 of the members will be elected equally from each federal province.
The remaining five will be nominated by President on the recommendation of the Council of Ministers.
Forms of Government
7. To run the state affairs, a federal democratic republic multiparty parliamentary system of governance will be adopted.
The leader of the party having a clear majority or having support of other parties in Parliament will become the executive prime minister.
8. There will be a constitutional President in Nepal.
An electoral college of the federal legislature parliament and provincial assemblies will elect the President. (
The UCPN (Maoist) has its differences on the parliamentary system of governance and the constitutional president.
Despite this, the party agrees to taking forward the constitution writing process.)
9. After the promulgation of the new constitution, the election of the President, Vice President, Prime Minister, Speaker and Deputy Speaker will be held by the transformed Legislature-Parliament as per the Interim Constitution-2007.
10. Until the next election of the House of Representatives, the transformed Legislature-Parliament will hold the election of the Prime Minister, vote of confidence, no confidence motion and Cabinet formation as per the Interim Constitution-2007.
The impeachment of the President, Vice President, Prime Minister, Speaker, Deputy Speaker will be in accordance with the Interim Constitution-2007.
Judicial System
11. An independent, impartial and efficient judicial system will be formed as per the concept of independent judiciary.
12. The Supreme Court will be the court of record.
It will be authorised to make final interpretation of the constitution.
13. A Constitutional Court will be formed in order to settle disputes on the jurisdictions between the provinces and the Centre, between provinces, between provinces and local bodies, and election-related disputes of the House of Representatives, National Assembly and provincial assemblies.
The Constitutional Court shall have the final decision on these issues.
The court will be chaired by the Chief Justice of the Supreme Court and will comprise two senior-most justices, and two legal experts who are qualified for the post of Supreme Court Justice.
The tenure of the Constitutional Court will be 10 years from the promulgation of the new constitution.
14. The provision on the formation of the Judicial Council will be as determined by the Interim Constitution-2007.
15. The constitution writing process will be taken forward based on the spirit of this fundamental agreement on federalism, forms of government, electoral system, and judicial system.
Local Body Election
16. The election of local bodies will be held as soon as possible to strengthen the representation and participation of the people.
Sushil Koirala, Prime Minister and President, Nepali Congress
KP Sharma Oli, Chairman, CPN-UML
Pushpa Kamal Dahal, Chairman, UCPN (Maoist)
Bijay Kumar Gachhadar, Chairman, Madhesi Janadhikar Forum-Loktantrik