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Agreement between the GoN and Tamsaling Samyukta Sangharsha Samiti, Nepal

  • 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.


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