Agreement between the GoN and Samyukta Loktantrik Madheshi Morcha

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Country/entity
Nepal
Region
Asia and Pacific
Agreement name
Agreement between the GoN and Samyukta Loktantrik Madheshi Morcha
Date
28 Feb 2008
Agreement status
Multiparty signed/agreed
Interim arrangement
Yes
Agreement/conflict level
Intrastate/intrastate conflict ( Nepalese Insurgency (1996 - 2006) )
Stage
Framework/substantive - partial
Conflict nature
Government
Peace process
Nepal peace process
Parties
Sd.
Rajendra Mahato
National Chairperson
Sadbhavana Party

Sd.
Girija Prasad Koirala
Prime Minister
Government of Nepal

Sd.
Upendra Yadav
Central Coordinator
Madheshi Janadhikar Forum, Nepal

Sd.
Mahantha Thakur
Chairperson
Terai Madhesh Loktantrik Party
Third parties
-
Description
An agreement between the Government of Nepal and the Samyukta Loktantrik Madheshi Morcha where the Government agree to increased inclusion of Madheshis in governance institutions.

Agreement document
NP_080228_GoN and Samyukta Loktantrik Madheshi Morcha.pdf | Download PDF

Groups

Children/youth
No specific mention.
Disabled persons
Groups→Disabled persons→Other
Page 1, 1. The State shall declare those killed during the Madhesh Movement as martyrs, and shall provide appropriate compensation to those maimed and yet to receive compensation. Similarly, arrangements shall be made for those injured during the Movement to receive medical expenses and those martyred shall be given due recognition and their families shall be provided with relief at the rate of Rs 1 million, and those arrested shall be immediately released.
Elderly/age
No specific mention.
Migrant workers
No specific mention.
Racial/ethnic/national group
Groups→Racial/ethnic/national group→Rhetorical
Page 1, Untitled Preamble: Respecting the sentiments and aspirations of the Madheshi people of Nepal, expressed during the protests and movements that they have organised time and again for equal rights, this Agreement was signed between the Government of Nepal and the Samyukta Loktantrik Madheshi Morcha [United Democratic Madheshi Front] to ensure the establishment of federal democratic republic in Nepal for multiparty democratic system of governance, to guarantee equality, freedom and justice for all, and to end all forms of discrimination. This Agreement shall be implemented at once. The points of agreement are as follows:...
Groups→Racial/ethnic/national group→Substantive
Page 1, 4: The Government shall execute appointments, promotions and nominations in a manner that ensures inclusive and proportional participation of Madheshi people, Adivasi, Jananati, women, Dalits, backward regions and minority communities in all state bodies, including the security bodies.

Page 1, 5: Proportional, inclusive group entry of Madheshi people and other communities into the Nepal Army shall be ensured to impart national character to Nepal Army and to make it more inclusive.
Groups→Racial/ethnic/national group→Other
Page 1, 1: The State shall declare those killed during the Madhesh Movement as martyrs, and shall provide appropriate compensation to those maimed and yet to receive compensation. Similarly, arrangements shall be made for those injured during the Movement to receive medical expenses and those martyred shall be given due recognition and their families shall be provided with relief at the rate of Rs 1 million, and those arrested shall be immediately released.
Religious groups
No specific mention.
Indigenous people
No specific mention.
Other groups
No specific mention.
Refugees/displaced persons
No specific mention.
Social class
Groups→Social class→Substantive
Page 1, 4: The Government shall execute appointments, promotions and nominations in a manner that ensures inclusive and proportional participation of Madheshi people, Adivasi, Jananati, women, Dalits, backward regions and minority communities in all state bodies, including the security bodies.

Gender

Women, girls and gender
Page 1, 4: The Government shall execute appointments, promotions and nominations in a manner that ensures inclusive and proportional participation of Madheshi people, Adivasi, Jananati, women, Dalits, backward regions and minority communities in all state bodies, including the security bodies.
Men and boys
No specific mention.
LGBTI
No specific mention.
Family
Page 1, 1: The State shall declare those killed during the Madhesh Movement as martyrs, and shall provide appropriate compensation to those maimed and yet to receive compensation. Similarly, arrangements shall be made for those injured during the Movement to receive medical expenses and those martyred shall be given due recognition and their families shall be provided with relief at the rate of Rs 1 million, and those arrested shall be immediately released.

State definition

Nature of state (general)
No specific mention.
State configuration
Page 1, Untitled Preamble: Respecting the sentiments and aspirations of the Madheshi people of Nepal, expressed during the protests and movements that they have organised time and again for equal rights, this Agreement was signed between the Government of Nepal and the Samyukta Loktantrik Madheshi Morcha [United Democratic Madheshi Front] to ensure the establishment of federal democratic republic in Nepal for multiparty democratic system of governance, to guarantee equality, freedom and justice for all, and to end all forms of discrimination. This Agreement shall be implemented at once. The points of agreement are as follows:

Page 1, 2: Nepal shall become a federal democratic republic by accepting people’s aspiration for a federal structure with autonomous regions, including the Madheshi people’s aspiration for an autonomous Madhesh state. In the federal structure, power between the Centre and the states shall be divided clearly according to a list. The states shall be fully autonomous and shall enjoy full rights. The structure, full details of the lists of the Centre and the states and the division of power between them shall be determined by the Constituent Assembly, keeping Nepal’s sovereignty and integrity intact.
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)
Governance→Political institutions (new or reformed)→General references
Page 1, 3: The existing legal provision of 20 per cent in Sub-section 14 of Section 7 of the Election of Members to the Constituent Assembly Act 2064 shall be changed to 30 per cent.
Elections
Page 1, 3: The existing legal provision of 20 per cent in Sub-section 14 of Section 7 of the Election of Members to the Constituent Assembly Act 2064 shall be changed to 30 per cent.

Page 1, 6: The Government of Nepal and the United Democratic Madheshi Front together request all armed groups agitating in the Terai to begin negotiations for a peaceful political process and to find solutions to all outstanding problems through dialogue. The Government of Nepal shall take necessary steps to create an environment conducive to this purpose. We appeal everyone to help conduct the Constituent Assembly election on April 10 in an environment which is peaceful, non-violent, impartial, fair and free of fear.
Electoral commission
No specific mention.
Political parties reform
No specific mention.
Civil society
Page 1, 8: All protest programmes called by the United Democratic Madheshi Forum shall be immediately withdrawn.
Traditional/religious leaders
No specific mention.
Public administration
Page 1, 4: The Government shall execute appointments, promotions and nominations in a manner that ensures inclusive and proportional participation of Madheshi people, Adivasi, Jananati, women, Dalits, backward regions and minority communities in all state bodies, including the security bodies.
Constitution
Governance→Constitution→Constitutional reform/making
Page 1, 3: The existing legal provision of 20 per cent in Sub-section 14 of Section 7 of the Election of Members to the Constituent Assembly Act 2064 shall be changed to 30 per cent.

Power sharing

Political power sharing
No specific mention.
Territorial power sharing
Power sharing→Territorial power sharing→Federal or similar sub-divided government
Page 1, 2: Nepal shall become a federal democratic republic by accepting people’s aspiration for a federal structure with autonomous regions, including the Madheshi people’s aspiration for an autonomous Madhesh state. In the federal structure, power between the Centre and the states shall be divided clearly according to a list. The states shall be fully autonomous and shall enjoy full rights. The structure, full details of the lists of the Centre and the states and the division of power between them shall be determined by the Constituent Assembly, keeping Nepal’s sovereignty and integrity intact.
Economic power sharing
No specific mention.
Military power sharing
Power sharing→Military power sharing→Proportionality
Page 1, 5: Proportional, inclusive group entry of Madheshi people and other communities into the Nepal Army shall be ensured to impart national character to Nepal Army and to make it more inclusive.

Human rights and equality

Human rights/RoL general
Page 1, Untitled Preamble: Respecting the sentiments and aspirations of the Madheshi people of Nepal, expressed during the protests and movements that they have organised time and again for equal rights, this Agreement was signed between the Government of Nepal and the Samyukta Loktantrik Madheshi Morcha [United Democratic Madheshi Front] to ensure the establishment of federal democratic republic in Nepal for multiparty democratic system of governance, to guarantee equality, freedom and justice for all, and to end all forms of discrimination. This Agreement shall be implemented at once. The points of agreement are as follows:
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
Page 1, Untitled Preamble: Respecting the sentiments and aspirations of the Madheshi people of Nepal, expressed during the protests and movements that they have organised time and again for equal rights, this Agreement was signed between the Government of Nepal and the Samyukta Loktantrik Madheshi Morcha [United Democratic Madheshi Front] to ensure the establishment of federal democratic republic in Nepal for multiparty democratic system of governance, to guarantee equality, freedom and justice for all, and to end all forms of discrimination. This Agreement shall be implemented at once. The points of agreement are as follows:

Page 1, 2: Nepal shall become a federal democratic republic by accepting people’s aspiration for a federal structure with autonomous regions, including the Madheshi people’s aspiration for an autonomous Madhesh state. In the federal structure, power between the Centre and the states shall be divided clearly according to a list. The states shall be fully autonomous and shall enjoy full rights. The structure, full details of the lists of the Centre and the states and the division of power between them shall be determined by the Constituent Assembly, keeping Nepal’s sovereignty and integrity intact.
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 courts
No specific mention.
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
Page 1, 4: The Government shall execute appointments, promotions and nominations in a manner that ensures inclusive and proportional participation of Madheshi people, Adivasi, Jananati, women, Dalits, backward regions and minority communities in all state bodies, including the security bodies.

Page 1, 5: Proportional, inclusive group entry of Madheshi people and other communities into the Nepal Army shall be ensured to impart national character to Nepal Army and to make it more inclusive.
DDR
No specific mention.
Intelligence services
No specific mention.
Parastatal/rebel and opposition group forces
Page 1, 6: The Government of Nepal and the United Democratic Madheshi Front together request all armed groups agitating in the Terai to begin negotiations for a peaceful political process and to find solutions to all outstanding problems through dialogue. The Government of Nepal shall take necessary steps to create an environment conducive to this purpose. We appeal everyone to help conduct the Constituent Assembly election on April 10 in an environment which is peaceful, non-violent, impartial, fair and free of fear.
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
Page 1, 1: The State shall declare those killed during the Madhesh Movement as martyrs, and shall provide appropriate compensation to those maimed and yet to receive compensation. Similarly, arrangements shall be made for those injured during the Movement to receive medical expenses and those martyred shall be given due recognition and their families shall be provided with relief at the rate of Rs 1 million, and those arrested shall be immediately released.

Page 1, 7: The Government of Nepal shall immediately release all those who have been detained, withdraw cases filed against Madheshi leaders and party cadres of the Forum as well as of other parties, and immediately implement all other points of the 22-Point Agreement signed between the Government of Nepal and the Madheshi Janadhikar Forum on August 30, 2007.
Vetting
No specific mention.
Victims
Page 1, 1: The State shall declare those killed during the Madhesh Movement as martyrs, and shall provide appropriate compensation to those maimed and yet to receive compensation. Similarly, arrangements shall be made for those injured during the Movement to receive medical expenses and those martyred shall be given due recognition and their families shall be provided with relief at the rate of Rs 1 million, and those arrested shall be immediately released.
Missing persons
No specific mention.
Reparations
Transitional justice→Reparations→Material reparations
Page 1, 1: The State shall declare those killed during the Madhesh Movement as martyrs, and shall provide appropriate compensation to those maimed and yet to receive compensation. Similarly, arrangements shall be made for those injured during the Movement to receive medical expenses and those martyred shall be given due recognition and their families shall be provided with relief at the rate of Rs 1 million, and those arrested shall be immediately released.
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
Page 2, The Government of Nepal shall be responsible for the constitutional, legal, political and administrative aspects of the issues mentioned in this Agreement. The Government shall form a high-level monitoring committee, comprising, among others, members of the Front, to monitor the implementation of this agreement.
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 Samyukta Loktantrik Madheshi Morcha

Respecting the sentiments and aspirations of the Madheshi people of Nepal, expressed during the protests and movements that they have organised time and again for equal rights, this Agreement was signed between the Government of Nepal and the Samyukta Loktantrik Madheshi Morcha [United Democratic Madheshi Front] to ensure the establishment of federal democratic republic in Nepal for multiparty democratic system of governance, to guarantee equality, freedom and justice for all, and to end all forms of discrimination.

This Agreement shall be implemented at once.

The points of agreement are as follows:

1. The State shall declare those killed during the Madhesh Movement as martyrs, and shall provide appropriate compensation to those maimed and yet to receive compensation.

Similarly, arrangements shall be made for those injured during the Movement to receive medical expenses and those martyred shall be given due recognition and their families shall be provided with relief at the rate of Rs 1 million, and those arrested shall be immediately released.

2. Nepal shall become a federal democratic republic by accepting people’s aspiration for a federal structure with autonomous regions, including the Madheshi people’s aspiration for an autonomous Madhesh state.

In the federal structure, power between the Centre and the states shall be divided clearly according to a list.

The states shall be fully autonomous and shall enjoy full rights.

The structure, full details of the lists of the Centre and the states and the division of power between them shall be determined by the Constituent Assembly, keeping Nepal’s sovereignty and integrity intact.

3. The existing legal provision of 20 per cent in Sub-section 14 of Section 7 of the Election of Members to the Constituent Assembly Act 2064 shall be changed to 30 per cent.

4. The Government shall execute appointments, promotions and nominations in a manner that ensures inclusive and proportional participation of Madheshi people, Adivasi, Jananati, women, Dalits, backward regions and minority communities in all state bodies, including the security bodies.

5. Proportional, inclusive group entry of Madheshi people and other communities into the Nepal Army shall be ensured to impart national character to Nepal Army and to make it more inclusive.

6. The Government of Nepal and the United Democratic Madheshi Front together request all armed groups agitating in the Terai to begin negotiations for a peaceful political process and to find solutions to all outstanding problems through dialogue.

The Government of Nepal shall take necessary steps to create an environment conducive to this purpose.

We appeal everyone to help conduct the Constituent Assembly election on April 10 in an environment which is peaceful, non-violent, impartial, fair and free of fear.

7. The Government of Nepal shall immediately release all those who have been detained, withdraw cases filed against Madheshi leaders and party cadres of the Forum as well as of other parties, and immediately implement all other points of the 22-Point Agreement signed between the Government of Nepal and the Madheshi Janadhikar Forum on August 30, 2007.

8. All protest programmes called by the United Democratic Madheshi Forum shall be immediately withdrawn.

The Government of Nepal shall be responsible for the constitutional, legal, political and administrative aspects of the issues mentioned in this Agreement.

The Government shall form a high-level monitoring committee, comprising, among others, members of the Front, to monitor the implementation of this agreement.

Signatories to the Agreement:

Sd.

Rajendra Mahato

National Chairperson

Sadbhavana Party

Sd.

Girija Prasad Koirala

Prime Minister

Government of Nepal

Sd.

Upendra Yadav

Central Coordinator

Madheshi Janadhikar Forum, Nepal

Sd.

Mahantha Thakur

Chairperson

Terai Madhesh Loktantrik Party

February 28, 2008