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9-Point Agreement between the Maoists and the CPN (UNML)

  • Country/entity

    Nepal
  • Region

    Asia and Pacific
  • Agreement name

    9-Point Agreement between the Maoists and the CPN (UNML)
  • Date

    12 Apr 2009
  • Agreement status

    Multiparty signed/agreed
  • Interim arrangement

    Yes
  • Agreement/conflict level

    Intrastate/intrastate conflict ( Nepalese Insurgency (1996 - 2006) )
  • Stage

    Implementation/renegotiation
  • Conflict nature

    Government
  • Peace process

    Nepal peace process
  • Parties

    Pushpa Kamal Dahal ‘Prachanda’ Chairman, UCPN Maoist
    Jhala Nath Khanal Chairperson, CPN UML
  • Third parties

    -
  • Description

    An agreement between the UCPN (M) and the CPN (UML) to end a stalemate in the Constituent Assembly


Groups

  • Children/youth
    Groups→Children/youth→Other
    Page 1, 1:
    ...(c) [The parties] request the Government of Nepal to officially declare Prachanda Thaiba a martyr, provide financial assistance to his family and bear educational expenses of his children.
  • 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
    Page 1, 1:
    ...(c) [The parties] request the Government of Nepal to officially declare Prachanda Thaiba a martyr, provide financial assistance to his family and bear educational expenses of his children.
    (d) [The parties] request the Government of Nepal to provide financial support to the family of Raj Bahadur Malla who was murdered in Surkhet. Immediate investigations shall be carried out into the incidents that took place in various parts of the country, including Surkhet, Dhankuta, Parbat, Kailali, Sankhuwasabha, Lamjung and Baitadi.

State definition

  • Nature of state (general)
    Page 2, 8. Both the parties make a special appeal to all parties, other forces concerned and the general people to focus on taking the peace process to its logical conclusion to establish sustainable peace [in the country], and drafting a new constitution within a definite timeframe for the purpose of democratic and progressive restructuring of the state and society through a progressive constitution since these are the nation’s major historic responsibilities at this moment.
  • State configuration

    No specific mention.

  • 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:
    (a) The pacts between the two parties that remained non- implemented while the parties were in the Government shall be implemented without any delay.
    (b) The memorandum submitted by the CPN (UML) with regard to running the government shall be discussed in the mechanisms of both parties.

    Page 1, 4:
    (a) The political mechanism between the two parties shall be run regularly and systematically. Solutions shall be pursued by holding timely discussions in the mechanism regarding the important decisions about functioning of the government and about resolution of the controversial bilateral issues or incidents.

    Page 2, 5: A high-level1 of the parties involved in the government shall be held regularly. Consensus of the high-level mechanism [of the political parties] shall be maintained on all important decision of the government.

    Page 2, 6: Keeping at core the aim of maintaining national consensus on the decisions on the issues of national importance, a regular consultation process with the coalition partners and the main opposition party as well as other parties shall be initiated.
  • Elections

    No specific mention.

  • Electoral commission

    No specific mention.

  • Political parties reform

    No specific mention.

  • Civil society
    Page 2, 9: With this agreement, the CPN (UML) has withdrawn all [announced] protest programmes.
  • Traditional/religious leaders

    No specific mention.

  • Public administration

    No specific mention.

  • Constitution
    Governance→Constitution→Constitutional reform/making
    Page 1, Untitled Preamble: A serious discussion has taken place between the Unified Communist Party of Nepal-Maoist (UCPN-M) and the Communist Party of Nepal (UML) regarding the solution to the deadlock that has surfaced between the two parties. Concluding that an end to the stalemate between the political parties is indispensable for drafting a new constitution and for the success of the peace process, understanding has been reached as follows:

    Page 2, 8. Both the parties make a special appeal to all parties, other forces concerned and the general people to focus on taking the peace process to its logical conclusion to establish sustainable peace [in the country], and drafting a new constitution within a definite timeframe for the purpose of democratic and progressive restructuring of the state and society through a progressive constitution since these are the nation’s major historic responsibilities at this moment.

Power sharing

  • Political power sharing
    Power sharing→Political power sharing→General
    State level
    Summary: A form of consultation that provides an element of power sharing is provided for, see below.
    Power sharing→Political power sharing→Executive coalition
    State level
    Page 2, 5: A high-level mechanism of the parties involved in the government shall be held regularly. Consensus of the high-level mechanism [of the political parties] shall be maintained on all important decision of the government.

    Page 2, 6: Keeping at core the aim of maintaining national consensus on the decisions on the issues of national importance, a regular consultation process with the coalition partners and the main opposition party as well as other parties shall be initiated.
  • 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
    Page 1, 2: Both the UCPN (M) and the CPN (UML) express strong commitment to strictly curb impunity and anarchy in the nation as well as to enforcing rule of law in the country. We request the Government to take serious and effective action with regard to these issues and make an appeal to all parties to provide positive support.
  • 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 2, 8. Both the parties make a special appeal to all parties, other forces concerned and the general people to focus on taking the peace process to its logical conclusion to establish sustainable peace [in the country], and drafting a new constitution within a definite timeframe for the purpose of democratic and progressive restructuring of the state and society through a progressive constitution since these are the nation’s major historic responsibilities at this moment.
  • 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
    Page 1, 1: (a) The UCPN (M) expresses its regret over the Butwal incident. The UCPN (M) requests the Government to take active initiative for arresting Sujit BK, accused in the incident, and book him under the law, and also urges the entire Party line of command to support this task.
    The UCPN (M) acknowledges its weakness in not being able to exercise due caution with regard to the possibility of Sujit BK’s escape, accused in the murder of Butwal’s Prachanda Thaiba during the implementation of the party’s directive [issued for his] surrender to the Police, and also in the consequent failure to ensure the handover of the accused to the Police.
  • Armed forces

    No specific mention.

  • DDR

    No specific mention.

  • Intelligence services

    No specific mention.

  • Parastatal/rebel and opposition group forces
    Page 1, 1: (a) The UCPN (M) expresses its regret over the Butwal incident. The UCPN (M) requests the Government to take active initiative for arresting Sujit BK, accused in the incident, and book him under the law, and also urges the entire Party line of command to support this task.
    The UCPN (M) acknowledges its weakness in not being able to exercise due caution with regard to the possibility of Sujit BK’s escape, accused in the murder of Butwal’s Prachanda Thaiba during the implementation of the party’s directive [issued for his] surrender to the Police, and also in the consequent failure to ensure the handover of the accused to the Police.
    (b) Carrying out attacks, arson and vandalism in the district party office of the UCPN (M) as well as torching houses and vehicles of the central leaders of the UCPN (M) the day after Thaiba’s murder were [indeed] very wrong and sad acts. Similarly, the acts of arson and vandalism carried out in the regional office of the CPN (UML) were also very wrong and sad incidents. Both the parties direct their cadres not to indulge in any kind of provocative action with the intension of vengeance, and express commitment to initiate necessary actions against everyone who make mistakes.

    Page 1, 2: Both the UCPN (M) and the CPN (UML) express strong commitment to strictly curb impunity and anarchy in the nation as well as to enforcing rule of law in the country. We request the Government to take serious and effective action with regard to these issues and make an appeal to all parties to provide positive support.

    Page 1, 3:
    (a) The pacts between the two parties that remained non- implemented while the parties were in the Government shall be implemented without any delay.

    Page 2, 9: With this agreement, the CPN (UML) has withdrawn all [announced] protest programmes.
  • 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
    Transitional justice→Courts→National courts
    Page 1, 1: (a) The UCPN (M) expresses its regret over the Butwal incident. The UCPN (M) requests the Government to take active initiative for arresting Sujit BK, accused in the incident, and book him under the law, and also urges the entire Party line of command to support this task.
    The UCPN (M) acknowledges its weakness in not being able to exercise due caution with regard to the possibility of Sujit BK’s escape, accused in the murder of Butwal’s Prachanda Thaiba during the implementation of the party’s directive [issued for his] surrender to the Police, and also in the consequent failure to ensure the handover of the accused to the Police.
  • Mechanism
    Page 1, 1:
    ...(d) [The parties] request the Government of Nepal to provide financial support to the family of Raj Bahadur Malla who was murdered in Surkhet. Immediate investigations shall be carried out into the incidents that took place in various parts of the country, including Surkhet, Dhankuta, Parbat, Kailali, Sankhuwasabha, Lamjung and Baitadi.
  • Prisoner release

    No specific mention.

  • Vetting

    No specific mention.

  • Victims
    Page 1, 1:
    ...(c) [The parties] request the Government of Nepal to officially declare Prachanda Thaiba a martyr, provide financial assistance to his family and bear educational expenses of his children.
    (d) [The parties] request the Government of Nepal to provide financial support to the family of Raj Bahadur Malla who was murdered in Surkhet. Immediate investigations shall be carried out into the incidents that took place in various parts of the country, including Surkhet, Dhankuta, Parbat, Kailali, Sankhuwasabha, Lamjung and Baitadi.

    Page 2, 7: The Government shall be requested to form a taskforce to define and identify martyrs and to provide them due respect.
  • Missing persons

    No specific mention.

  • Reparations
    Transitional justice→Reparations→Material reparations
    Page 1, 1:
    ...(c) [The parties] request the Government of Nepal to officially declare Prachanda Thaiba a martyr, provide financial assistance to his family and bear educational expenses of his children.
    (d) [The parties] request the Government of Nepal to provide financial support to the family of Raj Bahadur Malla who was murdered in Surkhet. Immediate investigations shall be carried out into the incidents that took place in various parts of the country, including Surkhet, Dhankuta, Parbat, Kailali, Sankhuwasabha, Lamjung and Baitadi.
  • 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, 4:
    ...(b) A mechanism comprising district-level representatives of both parties shall be formed to prevent any physical attacks or any unwanted and untoward incidents, and to resolve them immediately by investigating at local level if such incidents take place.
    (c) If sensitive incidents of serious nature take place between the two parties, an investigation team at central level shall be formed to reach a concrete decision about the solution through immediate investigation.
  • Related cases

    No specific mention.

  • Source
    Asian Study Center for Peace & Conflict Transformation (2011), From Conflict to Peace in Nepal: Peace Agreements 2005-2010.

9-Point Agreement between the Maoists and the CPN (UML)

A serious discussion has taken place between the Unified Communist Party of Nepal-Maoist (UCPN-M) and the Communist Party of Nepal (UML) regarding the solution to the deadlock that has surfaced between the two parties.

Concluding that an end to the stalemate between the political parties is indispensable for drafting a new constitution and for the success of the peace process, understanding has been reached as follows:

1. ( a) The UCPN (M) expresses its regret over the Butwal incident.

The UCPN (M) requests the Government to take active initiative for arresting Sujit BK, accused in the incident, and book him under the law, and also urges the entire Party line of command to support this task.

The UCPN (M) acknowledges its weakness in not being able to exercise due caution with regard to the possibility of Sujit BK’s escape, accused in the murder of Butwal’s Prachanda Thaiba during the implementation of the party’s directive [issued for his] surrender to the Police, and also in the consequent failure to ensure the handover of the accused to the Police.

(b) Carrying out attacks, arson and vandalism in the district party office of the UCPN (M) as well as torching houses and vehicles of the central leaders of the UCPN (M) the day after Thaiba’s murder were [indeed] very wrong and sad acts.

Similarly, the acts of arson and vandalism carried out in the regional office of the CPN (UML) were also very wrong and sad incidents.

Both the parties direct their cadres not to indulge in any kind of provocative action with the intension of vengeance, and express commitment to initiate necessary actions against everyone who make mistakes.

(c) [The parties] request the Government of Nepal to officially declare Prachanda Thaiba a martyr, provide financial assistance to his family and bear educational expenses of his children.

(d) [The parties] request the Government of Nepal to provide financial support to the family of Raj Bahadur Malla who was murdered in Surkhet.

Immediate investigations shall be carried out into the incidents that took place in various parts of the country, including Surkhet, Dhankuta, Parbat, Kailali, Sankhuwasabha, Lamjung and Baitadi.

2. Both the UCPN (M) and the CPN (UML) express strong commitment to strictly curb impunity and anarchy in the nation as well as to enforcing rule of law in the country.

We request the Government to take serious and effective action with regard to these issues and make an appeal to all parties to provide positive support.

3. ( a) The pacts between the two parties that remained non- implemented while the parties were in the Government shall be implemented without any delay.

(b) The memorandum submitted by the CPN (UML) with regard to running the government shall be discussed in the mechanisms of both parties.

4. ( a) The political mechanism between the two parties shall be run regularly and systematically.

Solutions shall be pursued by holding timely discussions in the mechanism regarding the important decisions about functioning of the government and about resolution of the controversial bilateral issues or incidents.

(b) A mechanism comprising district-level representatives of both parties shall be formed to prevent any physical attacks or any unwanted and untoward incidents, and to resolve them immediately by investigating at local level if such incidents take place.

(c) If sensitive incidents of serious nature take place between the two parties, an investigation team at central level shall be formed to reach a concrete decision about the solution through immediate investigation.

5. A high-level1 of the parties involved in the government shall be held regularly.

Consensus of the high-level mechanism [of the political parties] shall be maintained on all important decision of the government.

6. Keeping at core the aim of maintaining national consensus on the decisions on the issues of national importance, a regular consultation process with the coalition partners and the main opposition party as well as other parties shall be initiated.

7. The Government shall be requested to form a taskforce to define and identify martyrs and to provide them due respect.

8. Both the parties make a special appeal to all parties, other forces concerned and the general people to focus on taking the peace process to its logical conclusion to establish sustainable peace [in the country], and drafting a new constitution within a definite timeframe for the purpose of democratic and progressive restructuring of the state and society through a progressive constitution since these are the nation’s major historic responsibilities at this moment.

9. With this agreement, the CPN (UML) has withdrawn all [announced] protest programmes.

Pushpa Kamal Dahal ‘Prachanda’ Chairman, UCPN Maoist

Jhala Nath Khanal Chairperson, CPN UML

1 It may mean a ‘high-level’ meeting or the meeting of the high-level task force. [

Ed.]