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Agreement between the GoN and Chure Bhawar Pradesh Ekta Samaj, Nepal

  • Country/entity

    Nepal
  • Region

    Asia and Pacific
  • Agreement name

    Agreement between the GoN and Chure Bhawar Pradesh Ekta Samaj, Nepal
  • Date

    13 Sep 2007
  • Agreement status

    Multiparty signed/agreed
  • Interim arrangement

    Yes
  • Agreement/conflict level

    Intrastate/local conflict ( Nepalese Insurgency (1996 - 2006) )
  • Stage

    Framework/substantive - partial
  • Conflict nature

    Government/territory
  • Peace process

    Nepal related-local processes
  • Parties

    Sd. Kesab Prasad Mainali
    Chairperson
    Chure Bhawar Pradesh Ekta Samaj, Nepal

    Sd. Ram Chandra Poudel
    Coordinator
    GoN Talks Team
  • Third parties

    -
  • Description

    An agreement between the Government of Nepal and Chure Bhawar Pradesh Ekta Samaj based on their fourth round of talks and done in advance of the development of Nepal's constitution.


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
    Page 1, 4: The process of providing relief to the families of those killed in the attacks of various armed groups in the Terai shall be continued.

State definition

  • Nature of state (general)
    Page 1, 8: All parties shall remain active to maintain mutual harmony and develop mutual understanding between the peoples of Terai/ Madhesh and hill regions so that national unity and integrity can be strengthened.
  • State configuration
    Page 1, 6: While restructuring the state, autonomous federal system shall be established as determined by the Constituent Assembly such that Nepal’s sovereignty, national unity and integrity are strengthened.
  • 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 delimitation

    No specific mention.

  • Cross-border provision

    No specific mention.


Governance

  • Political institutions (new or reformed)

    No specific mention.

  • Elections
    Page 1, 9: Chure Bhawar Pradesh Ekta Samaj expresses its commitment to help conduct the upcoming Constituent Assembly election on November 22 in a free, fair and fear-free environment and withdraws all plans of the agitation.
  • 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.

  • Constitution

    No specific mention.


Power sharing

  • Political power sharing

    No specific mention.

  • Territorial power sharing

    No specific mention.

  • 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
    Page 1, 2: Arrangements shall be made immediately to provide [government] services to the people as [the lack of] security has made it difficult for the people to travel to [district] headquarters and utilise government services.
  • 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 courts

    No specific mention.

  • Prisons and detention

    No specific mention.

  • Traditional Laws

    No specific mention.


Socio-economic reconstruction

  • Development or socio-economic reconstruction
    Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
    Page 1, 7: Activities related to development, forestry and contract-based work of stone, sand, soil, gravel, etc. in Chure Bhawar region shall be carried out only after agreements have been reached with the local bodies.
  • National economic plan

    No specific mention.

  • Natural resources
    Page 1, 7: Activities related to development, forestry and contract-based work of stone, sand, soil, gravel, etc. in Chure Bhawar region shall be carried out only after agreements have been reached with the local bodies.
  • International funds

    No specific mention.

  • Business

    No specific mention.

  • Taxation

    No specific mention.

  • Banks

    No specific mention.


Land, property and environment

  • Land reform/rights
    Land, property and environment→Land reform/rights→Property return and restitution
    Page 1, 5: The responsibility of investigating incidents that took place during the movement in Chure Bhawar region has been handed over to the Commission formed to investigate Terai incidents. The Commission shall be provided with the necessary support to complete its work in time. On the basis of the report (presented by the Commission), appropriate action shall be taken against those responsible for damage to life and property in the region, and relief shall be provided to the people.
  • Pastoralist/nomadism rights

    No specific mention.

  • Cultural heritage

    No specific mention.

  • Environment
    Page 1, 7: Activities related to development, forestry and contract-based work of stone, sand, soil, gravel, etc. in Chure Bhawar region shall be carried out only after agreements have been reached with the local bodies.
  • Water or riparian rights or access

    No specific mention.


Security sector

  • Security Guarantees
    Page 1, 2: Arrangements shall be made immediately to provide [government] services to the people as [the lack of] security has made it difficult for the people to travel to [district] headquarters and utilise government services.
  • Ceasefire

    No specific mention.

  • Police
    Page 1, 3: The Government’s decision to provide Rs 1 million to the family of Mangal Bahadur Gurmachhan, who received martyrdom after being killed by the police during the movement of Chure Bhawar Pradesh Ekta Samaj, shall be implemented immediately. Suitable arrangements shall be made to provide medical treatment to those who were injured during the movement and still have not received treatment, including the Vice Chairperson of Chure Bhawar Pradesh Ekta Samaj.
  • Armed forces

    No specific mention.

  • DDR

    No specific mention.

  • Intelligence services

    No specific mention.

  • Parastatal/rebel and opposition group forces
    Page 1, 1: Necessary legal steps shall be taken to withdraw the cases against the nine activists of Chure Bhawar Pradesh Ekta Samaj, who were accused of murder and were arrested during the Chure Bhawar movement in Yagyabhumi VDC of Dhanusa district. Also, other cases registered during the movement and arrest warrants that were issued shall be cancelled.

    Page 1, 9: Chure Bhawar Pradesh Ekta Samaj expresses its commitment to help conduct the upcoming Constituent Assembly election on November 22 in a free, fair and fear-free environment and withdraws all plans of the agitation.
  • 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
    Transitional justice→Amnesty/pardon→Relief of other sanctions
    Page 1, 1: Necessary legal steps shall be taken to withdraw the cases against the nine activists of Chure Bhawar Pradesh Ekta Samaj, who were accused of murder and were arrested during the Chure Bhawar movement in Yagyabhumi VDC of Dhanusa district. Also, other cases registered during the movement and arrest warrants that were issued shall be cancelled.
  • Courts

    No specific mention.

  • Mechanism
    Page 1, 5: The responsibility of investigating incidents that took place during the movement in Chure Bhawar region has been handed over to the Commission formed to investigate Terai incidents. The Commission shall be provided with the necessary support to complete its work in time. On the basis of the report (presented by the Commission), appropriate action shall be taken against those responsible for damage to life and property in the region, and relief shall be provided to the people.
  • Prisoner release

    No specific mention.

  • Vetting

    No specific mention.

  • Victims
    Page 1, 3: The Government’s decision to provide Rs 1 million to the family of Mangal Bahadur Gurmachhan, who received martyrdom after being killed by the police during the movement of Chure Bhawar Pradesh Ekta Samaj, shall be implemented immediately. Suitable arrangements shall be made to provide medical treatment to those who were injured during the movement and still have not received treatment, including the Vice Chairperson of Chure Bhawar Pradesh Ekta Samaj.

    Page 1, 4: The process of providing relief to the families of those killed in the attacks of various armed groups in the Terai shall be continued.
  • Missing persons

    No specific mention.

  • Reparations
    Transitional justice→Reparations→Material reparations
    Page 1, 3: The Government’s decision to provide Rs 1 million to the family of Mangal Bahadur Gurmachhan, who received martyrdom after being killed by the police during the movement of Chure Bhawar Pradesh Ekta Samaj, shall be implemented immediately. Suitable arrangements shall be made to provide medical treatment to those who were injured during the movement and still have not received treatment, including the Vice Chairperson of Chure Bhawar Pradesh Ekta Samaj.
  • 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.

  • Source
    Asian Study Center for Peace & Conflict Transformation (2011), From Conflict to Peace in Nepal: Peace Agreements 2005-2010.

Agreement between the GoN and Chure Bhawar Pradesh Ekta Samaj, Nepal

The fourth round of talks between the Government Talks Team and Chure Bhawar Pradesh Ekta Samaj [Chure Bhawar Province Solidarity Society], Nepal was conducted on September 13, 2007 at the Ministry of Peace and Reconstruction in a cordial environment and the following agreements were reached:

1. Necessary legal steps shall be taken to withdraw the cases against the nine activists of Chure Bhawar Pradesh Ekta Samaj, who were accused of murder and were arrested during the Chure Bhawar movement in Yagyabhumi VDC of Dhanusa district.

Also, other cases registered during the movement and arrest warrants that were issued shall be cancelled.

2. Arrangements shall be made immediately to provide [government] services to the people as [the lack of] security has made it difficult for the people to travel to [district] headquarters and utilise government services.

3. The Government’s decision to provide Rs 1 million to the family of Mangal Bahadur Gurmachhan, who received martyrdom after being killed by the police during the movement of Chure Bhawar Pradesh Ekta Samaj, shall be implemented immediately.

Suitable arrangements shall be made to provide medical treatment to those who were injured during the movement and still have not received treatment, including the Vice Chairperson of Chure Bhawar Pradesh Ekta Samaj.

4. The process of providing relief to the families of those killed in the attacks of various armed groups in the Terai shall be continued.

5. The responsibility of investigating incidents that took place during the movement in Chure Bhawar region has been handed over to the Commission formed to investigate Terai incidents.

The Commission shall be provided with the necessary support to complete its work in time.

On the basis of the report (presented by the Commission), appropriate action shall be taken against those responsible for damage to life and property in the region, and relief shall be provided to the people.

6. While restructuring the state, autonomous federal system shall be established as determined by the Constituent Assembly such that Nepal’s sovereignty, national unity and integrity are strengthened.

7. Activities related to development, forestry and contract-based work of stone, sand, soil, gravel, etc.

in Chure Bhawar region shall be carried out only after agreements have been reached with the local bodies.

8. All parties shall remain active to maintain mutual harmony and develop mutual understanding between the peoples of Terai/ Madhesh and hill regions so that national unity and integrity can be strengthened.

9. Chure Bhawar Pradesh Ekta Samaj expresses its commitment to help conduct the upcoming Constituent Assembly election on November 22 in a free, fair and fear-free environment and withdraws all plans of the agitation.

Sd. Kesab Prasad Mainali

Chairperson

Chure Bhawar Pradesh Ekta Samaj, Nepal

Sd. Ram Chandra Poudel

Coordinator

GoN Talks Team

Date:

September 13, 2007