Agreement between the GoN and Kirant Janawadi Workers Party

  • Country/entity
    Nepal
  • Region
    Asia and Pacific
  • Agreement name
    Agreement between the GoN and Kirant Janawadi Workers Party
  • Date
    18 Jan 2009
  • Agreement status
    Multiparty signed/agreed
  • Interim arrangement
    Yes
  • Agreement/conflict level
    Intrastate/local conflict ( Nepalese Insurgency (1996 - 2006) )
  • Stage
    Ceasefire/related
  • Conflict nature
    Government
  • Peace process
    Nepal related-local processes
  • Parties
    On behalf of Kirant Janawadi Workers Party Sd.
    Anant Kranti
    Coordinator

    On behalf of GoN Talks Team
    Sd.
    Janardhan Sharma ‘Prabhakar’
    Coordinator
  • Third parties
    -
  • Description
    An agreement in the Government of Nepal agree to consider the demands of the Kirant Janawadi Workers Party in the next round of talks and the Kirant Janawadi Workers Party agree to suspend violent activities in order to participate in the negotiations.


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
    Groups→Indigenous people→Substantive
    Page 1, 4: The GoN has already ratified ILO Convention 169. In the course of its implementation, the acts and laws shall be amended, as necessary.
  • 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: A dialogue was held in a cordial atmosphere between the Talks Team of the Government of Nepal (GoN) and the Talks Team of the Kirant Janawadi Workers Party on January 18, 2009 in Dharan. With the belief that the institutional development, strengthening of Nepal’s progressive transformation and federal democratic republic can take place only through a new people-centric constitution, and embracing the principles of sovereignty, integrity, national interest and national unity, an agreement was reached on the following points.
  • State configuration
    Page 1, Untitled Preamble: A dialogue was held in a cordial atmosphere between the Talks Team of the Government of Nepal (GoN) and the Talks Team of the Kirant Janawadi Workers Party on January 18, 2009 in Dharan. With the belief that the institutional development, strengthening of Nepal’s progressive transformation and federal democratic republic can take place only through a new people-centric constitution, and embracing 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: A dialogue was held in a cordial atmosphere between the Talks Team of the Government of Nepal (GoN) and the Talks Team of the Kirant Janawadi Workers Party on January 18, 2009 in Dharan. With the belief that the institutional development, strengthening of Nepal’s progressive transformation and federal democratic republic can take place only through a new people-centric constitution, and embracing 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
    Page 1, 4: The GoN has already ratified ILO Convention 169. In the course of its implementation, the acts and laws shall be amended, as necessary.
  • 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: A dialogue was held in a cordial atmosphere between the Talks Team of the Government of Nepal (GoN) and the Talks Team of the Kirant Janawadi Workers Party on January 18, 2009 in Dharan. With the belief that the institutional development, strengthening of Nepal’s progressive transformation and federal democratic republic can take place only through a new people-centric constitution, and embracing 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 committee during the period of dialogue.
  • Ceasefire
    Security sector→Ceasefire→Ceasefire provision
    Page 1, 2: The Kirant Janawadi Workers Party shall suspend its violent activities and shall not engage in any unlawful activities. In addition, the GoN shall treat 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 Kirant Janawadi Workers Party shall suspend its violent activities and shall not engage in any unlawful activities. In addition, the GoN shall treat the party leaders and activists as political actors.

    Page 1, 3: The Kirant Janawadi Workers Party shall make available to the GoN a list of the people imprisoned in the course of agitation, and the GoN shall immediately release them after investigations.

    Page 1, 5: Many of the demands put forth on the negotiation table by the Kirant Janawadi Workers Party shall be reconsidered and the GoN shall categorize the demands, carry out additional studies and homework, and discuss them in the next round of talks. The date of the next round of talks shall be decided on mutual understanding.
  • 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 Kirant Janawadi Workers Party shall make available to the GoN a list of the people imprisoned in the course of agitation, and the GoN shall immediately 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 Kirant Janawadi Workers Party

A dialogue was held in a cordial atmosphere between the Talks Team of the Government of Nepal (GoN) and the Talks Team of the Kirant Janawadi Workers Party on January 18, 2009 in Dharan.

With the belief that the institutional development, strengthening of Nepal’s progressive transformation and federal democratic republic can take place only through a new people-centric constitution, and embracing 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 committee during the period of dialogue.

2. The Kirant Janawadi Workers Party shall suspend its violent activities and shall not engage in any unlawful activities.

In addition, the GoN shall treat the party leaders and activists as political actors.

3. The Kirant Janawadi Workers Party shall make available to the GoN a list of the people imprisoned in the course of agitation, and the GoN shall immediately release them after investigations.

4. The GoN has already ratified ILO Convention 169.

In the course of its implementation, the acts and laws shall be amended, as necessary.

5. Many of the demands put forth on the negotiation table by the Kirant Janawadi Workers Party shall be reconsidered and the GoN shall categorize the demands, carry out additional studies and homework, and discuss them in the next round of talks.

The date of the next round of talks shall be decided on mutual understanding.

On behalf of Kirant Janawadi Workers Party

Sd. Anant Kranti, Coordinator

On behalf of GoN Talks Team

Sd. Janardhan Sharma ‘Prabhakar’, Coordinator