Agreement between the GoN and Tamsaling Samyukta Sangharsha Samiti, Nepal

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Country/entity
Nepal
Region
Asia and Pacific
Agreement name
Agreement between the GoN and Tamsaling Samyukta Sangharsha Samiti, Nepal
Date
11 Apr 2009
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
Peace process
Nepal related-local processes
Parties
On behalf of GoN Talks Team: Janardhan Sharma 'Prabhakar', Talks Coordinator and
Minister, Peace and Reconstruction

On behalf of TSSS, Nepal Talks Team:
Suryaman Dong Tamang, Tamang National Liberation Front

Bir Bahadur Lama Tamang, Democratic Tamang Association

Dilman Pakhrin Tamang. Nepal Tamang Association

Parsuram Tamang, Tamsaling National Party

Furnyamgel Moktan Tamang, Autonomous Tamang Association (Unified)

Dup Wangdel Moktan Tamang, Tamang Huel Council

Tek Bahadur Tamang, Tamang Liberation Organization

Dhan Prasad Tamang, Nepal Tamang Ghedung

Kumar Yonjon Tamang, General Secretary

Kaman Singh Lama, Advisor
Third parties
-
Description
An agreement between the Government of Nepal and Tamsaling Samyukta Sangharsha Samiti on a series of inclusion issues for minority groups.

Agreement document
NP_090411_GoN and Tamsaling Samyukta Sangharsha Samiti.pdf | Download PDF

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
Groups→Racial/ethnic/national group→Substantive
Page 1, 9: As stipulated in Nepal’s Interim Constitution 2007, the State Restructuring Committee shall be formed as soon as possible with the representation of oppressed ethnic groups, Adivasi, Janajati, classes, and regions, among others.
Groups→Racial/ethnic/national group→Other
[Summary: Although the agreement refers to the Tamang ethnic group, as a listed indigenous nationality officially recognized in Nepal, they have been coded under Indigenous Peoples]
Religious groups
Groups→Religious groups→Rhetorical
Page 1, 3: Respecting the aspirations of the Tamsaling Sangharsha Samiti and the core spirit of secularism as enshrined in Nepal’s Interim Constitution 2007, an amendment proposal shall be submitted by building political consensus, including on national animal.
Indigenous people
Groups→Indigenous people→Rhetorical
Page 2, 18: Acknowledging the oppression, discrimination and exclusion of the Tamang ethnic group by the State in the past, the Government expresses its commitment to take initiative for the utmost development of the Tamang ethnic group. The GoN assesses the struggle waged by the Tamang community, an oppressed Adivasi, against the long-standing oppression, especially the People’s War and its role in the People’s Movement, in a favourable manner.
Groups→Indigenous people→Anti-discrimination
Page 1, 2: Ending cultural discrimination, all castes and ethnic groups shall determine a common cultural policy with the participation of the parties concerned to continue and grant recognition to own cultures.
Groups→Indigenous people→Substantive
Page 1, 4: The Government is committed to implementing Article 33 (d1) of Nepal’s Interim Constitution 2007 in the context of the Tamang ethnic group as well.

Page 1, 5: Ending the ethnic humiliation of the Tamang ethnic group at the Pipa Goswara [Office of Attendants] of the past and the current Logistics Battalion, the policy of making the national army of Nepal inclusive by creating diverse battalions shall be effectively put into practice.

Page 1, 7: In the context of the Government of Nepal having ratified the International Labour Organization Convention no. 169 and Nepal being a state party to the United Nations Universal Declaration on Indigenous Nationalities 2007, the Government shall codify necessary laws to ensure the ownership of local communities on the natural resources, rivers and streams, and minerals by indigenous nationalities.

Page 1, 9: As stipulated in Nepal’s Interim Constitution 2007, the State Restructuring Committee shall be formed as soon as possible with the representation of oppressed ethnic groups, Adivasi, Janajati, classes, and regions, among others.

Page 1, 10: A Development Regional Committee shall be formed with the participation of the Tamang community for further development and conservation of cultural heritage and tourist destinations such as Swoyambhu and Namo Buddha.

Page 2, 13: A model development programme implementation cost shall be allocated in the budget and programme for the forthcoming year for the uplift and development of all oppressed communities, including Tamang.

Page 2, 14: A special programme on employment shall be implemented in the forthcoming year, keeping in mind the oppressed communities that have been left far behind, including Tamang, and the programme shall be gradually accomplished.

Page 2, 12: The Government shall take initiative to establish the traditional knowledge, biodiversity, intellectual property of Adivasi Janajati.
Other groups
No specific mention.
Refugees/displaced persons
No specific mention.
Social class
Groups→Social class→Rhetorical
Page 1, 2: Ending cultural discrimination, all castes and ethnic groups shall determine a common cultural policy with the participation of the parties concerned to continue and grant recognition to own cultures.
Groups→Social class→Substantive
Page 1, 9: As stipulated in Nepal’s Interim Constitution 2007, the State Restructuring Committee shall be formed as soon as possible with the representation of oppressed ethnic groups, Adivasi, Janajati, classes, and regions, among others.

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 2, 16: The programmes to build nationalistic sentiments among people shall be carried forward with special priority.
State configuration
Page 1, Untitled Preamble: The first round of talks between the Government Talks Team formed by the Government of Nepal (GoN) and the Talks Team of the Tamsaling Samyukta Sangharsha Samiti, Nepal [Tamsaling Joint Struggle Committee, Nepal] to discuss the 26-Point demands presented by the said Samiti was held on April 11, 2009 and an agreement in support of the federal democratic republic and a new people-centric constitution was reached as follows.

Page 1, 9: As stipulated in Nepal’s Interim Constitution 2007, the State Restructuring Committee shall be formed as soon as possible with the representation of oppressed ethnic groups, Adivasi, Janajati, classes, and regions, among others.
Self determination
No specific mention.
Referendum
No specific mention.
State symbols
Page 1, 3: Respecting the aspirations of the Tamsaling Sangharsha Samiti and the core spirit of secularism as enshrined in Nepal’s Interim Constitution 2007, an amendment proposal shall be submitted by building political consensus, including on national animal.
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, 1: The Government shall present Points 1, 2, 4, 5, 6, 11, 16 and 17 that belong to the jurisdiction of the Constituent Assembly as recommendation, along with its affirmative commitment, to the Constitution Drafting Committee.
Elections
No specific mention.
Electoral commission
No specific mention.
Political parties reform
No specific mention.
Civil society
Page 2, 19: The Tamsaling Samyukta Sangharsha Samiti, Nepal withdraws the shutdown programme called for April 12, 2009.
Traditional/religious leaders
No specific mention.
Public administration
No specific mention.
Constitution
Governance→Constitution→Constitution affirmation/renewal
Page 1, 4: The Government is committed to implementing Article 33 (d1) of Nepal’s Interim Constitution 2007 in the context of the Tamang ethnic group as well.
Governance→Constitution→Constitutional reform/making
Page 1, 1: The Government shall present Points 1, 2, 4, 5, 6, 11, 16 and 17 that belong to the jurisdiction of the Constituent Assembly as recommendation, along with its affirmative commitment, to the Constitution Drafting Committee.

Page 1, 3: Respecting the aspirations of the Tamsaling Sangharsha Samiti and the core spirit of secularism as enshrined in Nepal’s Interim Constitution 2007, an amendment proposal shall be submitted by building political consensus, including on national animal.

Power sharing

Political power sharing
No specific mention.
Territorial power sharing
No specific mention.
Economic power sharing
No specific mention.
Military power sharing
Power sharing→Military power sharing→Proportionality
Page 1, 5: Ending the ethnic humiliation of the Tamang ethnic group at the Pipa Goswara [Office of Attendants] of the past and the current Logistics Battalion, the policy of making the national army of Nepal inclusive by creating diverse battalions shall be effectively put into practice.

Human rights and equality

Human rights/RoL general
No specific mention.
Bill of rights/similar
No specific mention.
Treaty incorporation
Page 1, 7: In the context of the Government of Nepal having ratified the International Labour Organization Convention no. 169 and Nepal being a state party to the United Nations Universal Declaration on Indigenous Nationalities 2007, the Government shall codify necessary laws to ensure the ownership of local communities on the natural resources, rivers and streams, and minerals by indigenous nationalities.
Civil and political rights
No specific mention.
Socio-economic rights
Human rights and equality→Socio-economic rights→Work
Page 1, 8: Notwithstanding the fact that education, health and employment are mentioned as fundamental rights of the people in the Interim Constitution 2007, and considering their non-implementation, laws shall be framed and implemented in this regard.
Human rights and equality→Socio-economic rights→Health
Page 1, 8: Notwithstanding the fact that education, health and employment are mentioned as fundamental rights of the people in the Interim Constitution 2007, and considering their non-implementation, laws shall be framed and implemented in this regard.
Human rights and equality→Socio-economic rights→Education
Page 1, 8: Notwithstanding the fact that education, health and employment are mentioned as fundamental rights of the people in the Interim Constitution 2007, and considering their non-implementation, laws shall be framed and implemented in this regard.

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 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, 6: Initiative shall be taken for christening the traditional habitats of Adivasi Janajati in their own languages. The Government has a clear policy of imparting education in mother tongue and additional provision shall be made for its implementation in the budget for the next fiscal year.

Page 1, 10: A Development Regional Committee shall be formed with the participation of the Tamang community for further development and conservation of cultural heritage and tourist destinations such as Swoyambhu and Namo Buddha.

Page 2, 13: A model development programme implementation cost shall be allocated in the budget and programme for the forthcoming year for the uplift and development of all oppressed communities, including Tamang.

Page 2, 14: A special programme on employment shall be implemented in the forthcoming year, keeping in mind the oppressed communities that have been left far behind, including Tamang, and the programme shall be gradually accomplished.

Page 2, 15: The construction of the Tamsaling Ring Road has already started and shall be continued over the next year with priority.
National economic plan
No specific mention.
Natural resources
Page 1, 7: In the context of the Government of Nepal having ratified the International Labour Organization Convention no. 169 and Nepal being a state party to the United Nations Universal Declaration on Indigenous Nationalities 2007, the Government shall codify necessary laws to ensure the ownership of local communities on the natural resources, rivers and streams, and minerals by indigenous nationalities.
International funds
No specific mention.
Business
Page 1, 10: A Development Regional Committee shall be formed with the participation of the Tamang community for further development and conservation of cultural heritage and tourist destinations such as Swoyambhu and Namo Buddha.
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
Land, property and environment→Cultural heritage→Tangible
Page 1, 10: A Development Regional Committee shall be formed with the participation of the Tamang community for further development and conservation of cultural heritage and tourist destinations such as Swoyambhu and Namo Buddha.
Land, property and environment→Cultural heritage→Intangible
Page 1, 6: Initiative shall be taken for christening the traditional habitats of Adivasi Janajati in their own languages. The Government has a clear policy of imparting education in mother tongue and additional provision shall be made for its implementation in the budget for the next fiscal year.
Land, property and environment→Cultural heritage→Promotion
Page 1, 2: Ending cultural discrimination, all castes and ethnic groups shall determine a common cultural policy with the participation of the parties concerned to continue and grant recognition to own cultures.

Page 2, 11: The State shall determine a policy for the conservation and promotion of both tangible and non-tangible cultural heritage.

Page 2, 12: The Government shall take initiative to establish the traditional knowledge, biodiversity, intellectual property of Adivasi Janajati.
Environment
No specific mention.
Water or riparian rights or access
Page 1, 7: In the context of the Government of Nepal having ratified the International Labour Organization Convention no. 169 and Nepal being a state party to the United Nations Universal Declaration on Indigenous Nationalities 2007, the Government shall codify necessary laws to ensure the ownership of local communities on the natural resources, rivers and streams, and minerals by indigenous nationalities.

Security sector

Security Guarantees
No specific mention.
Ceasefire
No specific mention.
Police
No specific mention.
Armed forces
Page 1, 5: Ending the ethnic humiliation of the Tamang ethnic group at the Pipa Goswara [Office of Attendants] of the past and the current Logistics Battalion, the policy of making the national army of Nepal inclusive by creating diverse battalions shall be effectively put into practice.
DDR
No specific mention.
Intelligence services
No specific mention.
Parastatal/rebel and opposition group forces
Page 2, 19: The Tamsaling Samyukta Sangharsha Samiti, Nepal withdraws the shutdown programme called for April 12, 2009.
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
Page 2, 17: A five-member monitoring committee shall be formed within a week to assist and 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 Tamsaling Samyukta Sangharsha Samiti, Nepal

The first round of talks between the Government Talks Team formed by the Government of Nepal (GoN) and the Talks Team of the Tamsaling Samyukta Sangharsha Samiti, Nepal [Tamsaling Joint Struggle Committee, Nepal] to discuss the 26-Point demands presented by the said Samiti was held on April 11, 2009 and an agreement in support of the federal democratic republic and a new people-centric constitution was reached as follows.

1. The Government shall present Points 1, 2, 4, 5, 6, 11, 16 and 17 that belong to the jurisdiction of the Constituent Assembly as recommendation, along with its affirmative commitment, to the Constitution Drafting Committee.

2. Ending cultural discrimination, all castes and ethnic groups shall determine a common cultural policy with the participation of the parties concerned to continue and grant recognition to own cultures.

3. Respecting the aspirations of the Tamsaling Sangharsha Samiti and the core spirit of secularism as enshrined in Nepal’s Interim Constitution 2007, an amendment proposal shall be submitted by building political consensus, including on national animal.

4. The Government is committed to implementing Article 33 (d1) of Nepal’s Interim Constitution 2007 in the context of the Tamang ethnic group as well.

5. Ending the ethnic humiliation of the Tamang ethnic group at the Pipa Goswara [Office of Attendants] of the past and the current Logistics Battalion, the policy of making the national army of Nepal inclusive by creating diverse battalions shall be effectively put into practice.

6. Initiative shall be taken for christening the traditional habitats of Adivasi Janajati in their own languages.

The Government has a clear policy of imparting education in mother tongue and additional provision shall be made for its implementation in the budget for the next fiscal year.

7. In the context of the Government of Nepal having ratified the International Labour Organization Convention no.

169 and Nepal being a state party to the United Nations Universal Declaration on Indigenous Nationalities 2007, the Government shall codify necessary laws to ensure the ownership of local communities on the natural resources, rivers and streams, and minerals by indigenous nationalities.

8. Notwithstanding the fact that education, health and employment are mentioned as fundamental rights of the people in the Interim Constitution 2007, and considering their non-implementation, laws shall be framed and implemented in this regard.

9. As stipulated in Nepal’s Interim Constitution 2007, the State Restructuring Committee shall be formed as soon as possible with the representation of oppressed ethnic groups, Adivasi, Janajati, classes, and regions, among others.

10. A Development Regional Committee shall be formed with the participation of the Tamang community for further development and conservation of cultural heritage and tourist destinations such as Swoyambhu and Namo Buddha.

11. The State shall determine a policy for the conservation and promotion of both tangible and non-tangible cultural heritage.

12. The Government shall take initiative to establish the traditional knowledge, biodiversity, intellectual property of Adivasi Janajati.

13. A model development programme implementation cost shall be allocated in the budget and programme for the forthcoming year for the uplift and development of all oppressed communities, including Tamang.

14. A special programme on employment shall be implemented in the forthcoming year, keeping in mind the oppressed communities that have been left far behind, including Tamang, and the programme shall be gradually accomplished.

15. The construction of the Tamsaling Ring Road has already started and shall be continued over the next year with priority.

16. The programmes to build nationalistic sentiments among people shall be carried forward with special priority.

17. A five-member monitoring committee shall be formed within a week to assist and monitor the implementation of this Agreement.

18. Acknowledging the oppression, discrimination and exclusion of the Tamang ethnic group by the State in the past, the Government expresses its commitment to take initiative for the utmost development of the Tamang ethnic group.

The GoN assesses the struggle waged by the Tamang community, an oppressed Adivasi, against the long-standing oppression, especially the People’s War and its role in the People’s Movement, in a favourable manner.

19. The Tamsaling Samyukta Sangharsha Samiti, Nepal withdraws the shutdown programme called for April 12, 2009.

On behalf of GoN Talks Team:

Janardhan Sharma 'Prabhakar', Talks Coordinator and

Minister, Peace and Reconstruction

On behalf of TSSS, Nepal Talks Team:

Suryaman Dong Tamang, Tamang National Liberation Front

Bir Bahadur Lama Tamang, Democratic Tamang Association

Dilman Pakhrin Tamang.

Nepal Tamang Association

Parsuram Tamang, Tamsaling National Party

Furnyamgel Moktan Tamang, Autonomous Tamang Association (Unified)

Dup Wangdel Moktan Tamang, Tamang Huel Council

Tek Bahadur Tamang, Tamang Liberation Organization

Dhan Prasad Tamang, Nepal Tamang Ghedung

Kumar Yonjon Tamang, General Secretary

Kaman Singh Lama, Advisor