Agreement between the GoN and Samyukta Janatrantrik Terai Mukti Morcha

  • Country/entity
    Nepal
  • Region
    Asia and Pacific
  • Agreement name
    Agreement between the GoN and Samyukta Janatrantrik Terai Mukti Morcha
  • Date
    26 Dec 2008
  • Agreement status
    Multiparty signed/agreed
  • Interim arrangement
    Yes
  • Agreement/conflict level
    Intrastate/local conflict ( Nepalese Insurgency (1996 - 2006) )
  • Stage
    Ceasefire/related
  • Conflict nature
    Government/territory
  • Peace process
    Nepal related-local processes
  • Parties
    On behalf of SJTMM
    Sd.
    Sanjaya Kumar Gupta ‘Kautilya’
    Coordinator

    On behalf of GoN Talks Team
    Sd.
    Janardhan Sharma ‘Prabhakar’
    Coordinator
  • Third parties
    -
  • Description
    An agreement in which the amyukta Janatrantrik Terai Mukti Morcha agree to suspend their violent activities and engage in dialogue with the Government of Nepal.


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)
    Page 1, Untitled Preamble: On December 26, 2008 in Janakpur, a dialogue was held in a cordial atmosphere between the Talks Teams of the GoN and the Samyukta Janatrantrik Terai Mukti Morcha [Joint Democratric Terai Liberation Front]. With the belief that the institutional development and strengthening of Nepal’s progressive transformation and of the federal democratic republic can take place only through a new people-centric constitution and embracing of the principles of sovereignty, integrity, national interest and national unity, an agreement was reached on the following points.
  • State configuration
    Page 1, Untitled Preamble: On December 26, 2008 in Janakpur, a dialogue was held in a cordial atmosphere between the Talks Teams of the GoN and the Samyukta Janatrantrik Terai Mukti Morcha [Joint Democratric Terai Liberation Front]. With the belief that the institutional development and strengthening of Nepal’s progressive transformation and of the federal democratic republic can take place only through a new people-centric constitution and embracing of the principles of sovereignty, integrity, national interest and national unity, an agreement was reached on the following points.
  • 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

    No specific mention.

  • 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
    Governance→Constitution→Constitutional reform/making
    Page 1, Untitled Preamble: On December 26, 2008 in Janakpur, a dialogue was held in a cordial atmosphere between the Talks Teams of the GoN and the Samyukta Janatrantrik Terai Mukti Morcha [Joint Democratric Terai Liberation Front]. With the belief that the institutional development and strengthening of Nepal’s progressive transformation and of the federal democratic republic can take place only through a new people-centric constitution and embracing of the principles of sovereignty, integrity, national interest and national unity, an agreement was reached on the following points.

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
    Page 1, Untitled Preamble: On December 26, 2008 in Janakpur, a dialogue was held in a cordial atmosphere between the Talks Teams of the GoN and the Samyukta Janatrantrik Terai Mukti Morcha [Joint Democratric Terai Liberation Front]. With the belief that the institutional development and strengthening of Nepal’s progressive transformation and of the federal democratic republic can take place only through a new people-centric constitution and embracing of the principles of sovereignty, integrity, national interest and national unity, an agreement was reached on the following points.
  • 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
    Page 1, 1: The GoN shall be responsible for the security of the members of the Talks Teams during the period of dialogue.
  • Ceasefire
    Security sector→Ceasefire→Ceasefire provision
    Page 1, 2: The Samyukta Janatrantrik Terai Mukti Morcha shall suspend its violent and aggressive activities and the GoN shall recognise the party leaders and activists as political actors.
  • Police

    No specific mention.

  • Armed forces

    No specific mention.

  • DDR

    No specific mention.

  • Intelligence services

    No specific mention.

  • Parastatal/rebel and opposition group forces
    Page 1, 2: The Samyukta Janatrantrik Terai Mukti Morcha shall suspend its violent and aggressive activities and the GoN shall recognise the party leaders and activists as political actors.

    Page 1, 4: Initiative shall be taken for bringing the other agitating political groups operating in the Terai to the negotiation table.

    Page 1, 5: The Samyukta Janatrantrik Terai Mukti Morcha shall furnish its list of demands at the next round of talks to be held in Kathmandu and the date of talks shall be fixed with mutual agreement. If necessary, mediators shall be appointed with the consent of both parties.
  • 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, 3: The Samyukta Janatrantrik Terai Mukti Morcha shall make available to the GoN a list of its people arrested in the course of agitation and of those against whom cases have been filed, and the GoN shall gradually release them after investigations.
  • 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.

  • 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 Janatrantrik Terai Mukti Morcha

On December 26, 2008 in Janakpur, a dialogue was held in a cordial atmosphere between the Talks Teams of the GoN and the Samyukta Janatrantrik Terai Mukti Morcha [Joint Democratric Terai Liberation Front].

With the belief that the institutional development and strengthening of Nepal’s progressive transformation and of the federal democratic republic can take place only through a new people-centric constitution and embracing of the principles of sovereignty, integrity, national interest and national unity, an agreement was reached on the following points.

1. The GoN shall be responsible for the security of the members of the Talks Teams during the period of dialogue.

2. The Samyukta Janatrantrik Terai Mukti Morcha shall suspend its violent and aggressive activities and the GoN shall recognise the party leaders and activists as political actors.

3. The Samyukta Janatrantrik Terai Mukti Morcha shall make available to the GoN a list of its people arrested in the course of agitation and of those against whom cases have been filed, and the GoN shall gradually release them after investigations.

4. Initiative shall be taken for bringing the other agitating political groups operating in the Terai to the negotiation table.

5. The Samyukta Janatrantrik Terai Mukti Morcha shall furnish its list of demands at the next round of talks to be held in Kathmandu and the date of talks shall be fixed with mutual agreement.

If necessary, mediators shall be appointed with the consent of both parties.

On behalf of SJTMM

Sd.

Sanjaya Kumar Gupta ‘Kautilya’

Coordinator

On behalf of GoN Talks Team

Sd.

Janardhan Sharma ‘Prabhakar’

Coordinator