The Seven Point Agreement
- Country/entityNepal
- RegionAsia and Pacific
- Agreement nameThe Seven Point Agreement
- Date1 Nov 2011
- Agreement statusMultiparty signed/agreed
- Interim arrangementYes
- Agreement/conflict levelIntrastate/intrastate conflict ()
- StageImplementation/renegotiation
- Conflict natureGovernment
- Peace processNepal peace process
- PartiesSigned by:
Pushpa Kamal Dahal (Prachanda), Chairman, UCPN (Maoist)
Sushil Koirala, President , Nepali Congress
Jhala Nath Khanal, Chairman, CPN (UML)
Bijay Kumar Gachchhadar, On behalf of United Democratic Madhesi Front - Third parties-
- DescriptionA short agreement outlining provisions for the integration and rehabilitation of Maoist combatants; the establishment of a TRC and a commission to investigate forced disappearances; relief packages for conflict victims; implementation of past agreements; and drafting the constitution.
- Agreement document
Groups
- Children/youthGroups→Children/youth→OtherPage 3, 6. Implementation of past agreements and trust-building:...c) The paramilitary structure of the YCL [Youth Communist League] would be dismantled, while all the public and private properties seized by the YCL would be returned to the rightful organizations and individuals by Nov 23.
- Disabled personsGroups→Disabled persons→SubstantivePage 2, 5. Relief packages for conflict victims
Relief packages would be made available without discrimination to the kin of those killed and disappeared, maimed, displaced and those whose properties were damaged in the armed conflict. The relief packages to be distributed after the signing of the Comprehensive Peace Agreement would be provided equally and without discrimination. - 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 personsGroups→Refugees/displaced persons→SubstantivePage 2, 5. Relief packages for conflict victims: Relief packages would be made available without discrimination to the kin of those killed and disappeared, maimed, displaced and those whose properties were damaged in the armed conflict. The relief packages to be distributed after the signing of the Comprehensive Peace Agreement would be provided equally and without discrimination.
- Social classGroups→Social class→SubstantivePage 2, 6. Implementation of past agreements and trust-building:
...b) The rights of the peasants would be guaranteed as per the letter and spirit of the Comprehensive Peace Agreement, Interim Constitution 2007, and scientific land reforms.
Gender
- Women, girls and gender
No specific mention.
- Men and boys
No specific mention.
- LGBTI
No specific mention.
- FamilyPage 2, 5. Relief packages for conflict victims: Relief packages would be made available without discrimination to the kin of those killed and disappeared, maimed, displaced and those whose properties were damaged in the armed conflict. The relief packages to be distributed after the signing of the Comprehensive Peace Agreement would be provided equally and without discrimination.
State definition
- Nature of state (general)Page 3, 7. Constitution-drafting and national consensus government:
...b) The process of writing the new constitution will be accelerated. In order to make recommendations on state restructuring, a team of experts will be formed immediately on the basis of consensus in Constituent Assembly and the process of formulating a draft of the new constitution will be initiated within a month. - 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)→Temporary new institutionsPage 3, 7. Constitution-drafting and national consensus government:
a) In order to take the ongoing peace process to a logical end and to complete the task of writing a constitution, the ongoing dialogues among the political parties will be continued. For that, a high level political mechanism will be formed.
...c) In line with the progress made in the peace process and constitution writing, the process of formulating a national consensus government will move forward. - 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.
- ConstitutionGovernance→Constitution→Constitutional reform/makingPage 1, Untitled preamble: National consensus is a must in order to take the peace process to a logical conclusion and to complete the task of drafting the new constitution.
Therefore, as per the Comprehensive Peace Agreement (CPA) 2006 and various other understandings reached between the political parties at different times, the following understanding has been reached to complete the remaining task of constitution-drafting and move forward on the basis of national consensus.
Page 3, 7. Constitution-drafting and national consensus government:
a) In order to take the ongoing peace process to a logical end and to complete the task of writing a constitution, the ongoing dialogues among the political parties will be continued. For that, a high level political mechanism will be formed.
b) The process of writing the new constitution will be accelerated. In order to make recommendations on state restructuring, a team of experts will be formed immediately on the basis of consensus in Constituent Assembly and the process of formulating a draft of the new constitution will be initiated within a month.
c) In line with the progress made in the peace process and constitution writing, the process of formulating a national consensus government will move forward.
Power sharing
- Political power sharing
No specific mention.
- Territorial power sharing
No specific mention.
- Economic power sharing
No specific mention.
- Military power sharingPower sharing→Military power sharing→Merger of forcesPage 1, 1. Integration and rehabilitation of the Maoist combatants:
a) Existing records of the Maoist combatants residing in cantonments will be updated.
b) The number of the Maoist combatants to be integrated will be 6,500 at the maximum. Integration will be done under a directorate of Nepal Army and 65 percent of the personnel of the directorate will come from Nepal Army while remaining 35 percent from the Maoist combatants. The directorate will have the mandate of carrying out development related activities, forest conservation, industrial security and crisis management.
c) Combatants of the Maoist army opting for integration will have to meet the standard norms of the security agency on an individual basis. However, the existing recruitment policy on age bar, educational requirements and marital status will be made flexible. In this regard, one level in the educational requirements fixed for a specific post of the security agency will be relaxed. Similarly, age bar has also been relaxed up to three years of the maximum age set for entry into the security agency.
d) The rank harmonization of the Maoist army opting for integration will be done as per the standard of the security agency. Integration of the Maoist combatants into the security agency will be done in such a way that it does not bring any negative consequences in the career development of existing officers and other ranks.
e) Maoist combatants opting for integration will get responsibilities in the security agency after completing bridge course and training.
f) All the weapons stored in cantonments will automatically come under the government's ownership once the process of integration begins.Power sharing→Military power sharing→Joint command structuresPage 1, 1. Integration and rehabilitation of the Maoist combatants:
...
d) The rank harmonization of the Maoist army opting for integration will be done as per the standard of the security agency. Integration of the Maoist combatants into the security agency will be done in such a way that it does not bring any negative consequences in the career development of existing officers and other ranks.
...
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
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 reconstructionSocio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic developmentPage 1, 1. Integration and rehabilitation of the Maoist combatants:
b) The number of the Maoist combatants to be integrated will be 6,500 at the maximum. Integration will be done under a directorate of Nepal Army and 65 percent of the personnel of the directorate will come from Nepal Army while remaining 35 percent from the Maoist combatants. The directorate will have the mandate of carrying out development related activities, forest conservation, industrial security and crisis management. - National economic plan
No specific mention.
- Natural resources
No specific mention.
- International funds
No specific mention.
- BusinessPage 1, 1. Integration and rehabilitation of the Maoist combatants:
b) The number of the Maoist combatants to be integrated will be 6,500 at the maximum. Integration will be done under a directorate of Nepal Army and 65 percent of the personnel of the directorate will come from Nepal Army while remaining 35 percent from the Maoist combatants. The directorate will have the mandate of carrying out development related activities, forest conservation, industrial security and crisis management. - Taxation
No specific mention.
- Banks
No specific mention.
Land, property and environment
- Land reform/rightsLand, property and environment→Land reform/rights→Property return and restitutionPage 2, 6. Implementation of past agreements and trust-building:
a) The UCPN (Maoist) would take an official decision to return the private and public properties seized by the party during the armed conflict to the rightful owners for their use by Nov 23. Due compensations would be paid to the owners for the loss caused by the seizure of properties.
... c) The paramilitary structure of the YCL would be dismantled, while all the public and private properties seized by the YCL would be returned to the rightful organizations and individuals by Nov 23.
...e) The local administration would monitor - and enforce if necessary -- the implementation of the agreement on returning the seized properties to the rightful owners. The political parties should cooperate with the government for its implementation.Land, property and environment→Land reform/rights→Other land rightsPage 2, 6. Implementation of past agreements and trust-building:
… b) The rights of the peasants would be guaranteed as per the letter and spirit of the Comprehensive Peace Agreement, Interim Constitution 2007, and scientific land reforms. - 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
No specific mention.
- Armed forcesSections 1 and 3 of this agreement cover integration of Maoist combatants into the Nepal Army. See Military Power Sharing and DDR for further details.
- DDRSecurity sector→DDR→DDR programmesPage 1, 1. Integration and rehabilitation of the Maoist combatants
a) Existing records of the Maoist combatants residing in cantonments will be updated.
b) The number of the Maoist combatants to be integrated will be 6,500 at the maximum. Integration will be done under a directorate of Nepal Army and 65 percent of the personnel of the directorate will come from Nepal Army while remaining 35 percent from the Maoist combatants. The directorate will have the mandate of carrying out development related activities, forest conservation, industrial security and crisis management.
c) Combatants of the Maoist army opting for integration will have to meet the standard norms of the security agency on an individual basis. However, the existing recruitment policy on age bar, educational requirements and marital status will be made flexible. In this regard, one level in the educational requirements fixed for a specific post of the security agency will be relaxed. Similarly, age bar has also been relaxed up to three years of the maximum age set for entry into the security agency.
d) The rank harmonization of the Maoist army opting for integration will be done as per the standard of the security agency. Integration of the Maoist combatants into the security agency will be done in such a way that it does not bring any negative consequences in the career development of existing officers and other ranks.
e) Maoist combatants opting for integration will get responsibilities in the security agency after completing bridge course and training.
f) All the weapons stored in cantonments will automatically come under the government's ownership once the process of integration begins.
Page 2, 2. Rehabilitation of Maoist combatants
a) An alternative package of education, training and vocational opportunity will be provided to combatants opting for rehabilitation. Depending on the nature and timeframe, the cost of the package will vary from Rs 600,000 to Rs 900,000.
b) Depending upon their responsibilities, the combatants opting for voluntary retirement and cash instead of the package will be categorized into four levels and those falling in the highest category will get Rs 800,000 while remaining three levels in the descending order will get Rs 700,000, Rs 600,000 and Rs 500,000 respectively. The amount will be made available in two installments in two fiscal years. A formal decision to this effect will be made at a meeting of the Special Committee within two days.
Page 2, 3. Regrouping:
The task of regrouping the combatants opting for integration and those for rehabilitation will begin after the Special Committee takes a procedural decision in this regard within seven days and this will be completed by Nov 23. - Intelligence services
No specific mention.
- Parastatal/rebel and opposition group forcesPage 3, 6. Implementation of past agreements and trust-building:...c) The paramilitary structure of the YCL would be dismantled, while all the public and private properties seized by the YCL would be returned to the rightful organizations and individuals by Nov 23.
~
Sections 1 and 3 of this agreement cover integration of Maoist combatants into the Nepal Army. See Military Power Sharing and DDR for further details. - 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.
- MechanismPage 2, 4. Formation of commissions as per previous agreement: a) As per the CPA, the bill on the Truth and Reconciliation Commission (TRC) and the Commission to Investigate Forced Disappearances would be endorsed by the legislature parliament after building consensus in the spirit of reconciliation. These commissions would be formed within a month.
b) The legal cases of the conflict period would be looked into as per the letter and spirit of the Comprehensive Peace Agreement and the Interim Constitution, 2007. - Prisoner release
No specific mention.
- Vetting
No specific mention.
- VictimsPage 2, 5. Relief packages for conflict victims: Relief packages would be made available without discrimination to the kin of those killed and disappeared, maimed, displaced and those whose properties were damaged in the armed conflict. The relief packages to be distributed after the signing of the Comprehensive Peace Agreement would be provided equally and without discrimination.
- Missing personsPage 2, 4. Formation of commissions as per previous agreement: a) As per the CPA, the bill on the Truth and Reconciliation Commission (TRC) and the Commission to Investigate Forced Disappearances would be endorsed by the legislature parliament after building consensus in the spirit of reconciliation. These commissions would be formed within a month.
Page 2, 5. Relief packages for conflict victims: Relief packages would be made available without discrimination to the kin of those killed and disappeared, maimed, displaced and those whose properties were damaged in the armed conflict. The relief packages to be distributed after the signing of the Comprehensive Peace Agreement would be provided equally and without discrimination. - ReparationsTransitional justice→Reparations→Material reparationsPage 2, 5. Relief packages for conflict victims: Relief packages would be made available without discrimination to the kin of those killed and disappeared, maimed, displaced and those whose properties were damaged in the armed conflict. The relief packages to be distributed after the signing of the Comprehensive Peace Agreement would be provided equally and without discrimination.
Page 2, 6. Implementation of past agreements and trust-building: a) The UCPN (Maoist) would take an official decision to return the private and public properties seized by the party during the armed conflict to the rightful owners for their use by Nov 23. Due compensations would be paid to the owners for the loss caused by the seizure of properties. - ReconciliationPage 2, 4. Formation of commissions as per previous agreement: a) As per the CPA, the bill on the Truth and Reconciliation Commission (TRC) and the Commission to Investigate Forced Disappearances would be endorsed by the legislature parliament after building consensus in the spirit of reconciliation. These commissions would be formed within a month.
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.
- SourceUN Peacemaker: http://peacemaker.un.org/
Link to agreeement: http://peacemaker.un.org/nepal-sevenpoint2011
The Seven Point Agreement
1 November 2011
National consensus is a must in order to take the peace process to a logical conclusion and to complete the task of drafting the new constitution.
Therefore, as per the Comprehensive Peace Agreement (CPA) 2006 and various other understandings reached between the political parties at different times, the following understanding has been reached to complete the remaining task of constitution-drafting and move forward on the basis of national consensus.
1. Integration and rehabilitation of the Maoist combatants
a) Existing records of the Maoist combatants residing in cantonments will be updated.
b) The number of the Maoist combatants to be integrated will be 6,500 at the maximum.
Integration will be done under a directorate of Nepal Army and 65 percent of the personnel of the directorate will come from Nepal Army while remaining 35 percent from the Maoist combatants.
The directorate will have the mandate of carrying out development related activities, forest conservation, industrial security and crisis management.
c) Combatants of the Maoist army opting for integration will have to meet the standard norms of the security agency on an individual basis.
However, the existing recruitment policy on age bar, educational requirements and marital status will be made flexible.
In this regard, one level in the educational requirements fixed for a specific post of the security agency will be relaxed.
Similarly, age bar has also been relaxed up to three years of the maximum age set for entry into the security agency.
d) The rank harmonization of the Maoist army opting for integration will be done as per the standard of the security agency.
Integration of the Maoist combatants into the security agency will be done in such a way that it does not bring any negative consequences in the career development of existing officers and other ranks.
e) Maoist combatants opting for integration will get responsibilities in the security agency after completing bridge course and training.
f) All the weapons stored in cantonments will automatically come under the government's ownership once the process of integration begins.
2. Rehabilitation of Maoist combatants
a) An alternative package of education, training and vocational opportunity will be provided to combatants opting for rehabilitation.
Depending on the nature and timeframe, the cost of the package will vary from Rs 600,000 to Rs 900,000.
b) Depending upon their responsibilities, the combatants opting for voluntary retirement and cash instead of the package will be categorized into four levels and those falling in the highest category will get Rs 800,000 while remaining three levels in the descending order will get Rs
700,000, Rs 600,000 and Rs 500,000 respectively.
The amount will be made available in two installments in two fiscal years.
A formal decision to this effect will be made at a meeting of the Special Committee within two days.
3. Regrouping
The task of regrouping the combatants opting for integration and those for rehabilitation will begin after the Special Committee takes a procedural decision in this regard within seven days and this will be completed by Nov 23.
4. Formation of commissions as per previous agreement
a) As per the CPA, the bill on the Truth and Reconciliation Commission (TRC) and the Commission to Investigate Forced Disappearances would be endorsed by the legislature parliament after building consensus in the spirit of reconciliation.
These commissions would be
formed within a month.
b) The legal cases of the conflict period would be looked into as per the letter and spirit of the Comprehensive Peace Agreement and the Interim Constitution, 2007.
5. Relief packages for conflict victims
Relief packages would be made available without discrimination to the kin of those killed and disappeared, maimed, displaced and those whose properties were damaged in the armed conflict.
The relief packages to be distributed after the signing of the Comprehensive Peace Agreement would be provided equally and without discrimination.
6. Implementation of past agreements and trust-building
a) The UCPN (Maoist) would take an official decision to return the private and public properties seized by the party during the armed conflict to the rightful owners for their use by Nov 23.
Due compensations would be paid to the owners for the loss caused by the seizure of properties.
b) The rights of the peasants would be guaranteed as per the letter and spirit of the Comprehensive Peace Agreement, Interim Constitution 2007, and scientific land reforms.
c) The paramilitary structure of the YCL would be dismantled, while all the public and private properties seized by the YCL would be returned to the rightful organizations and individuals by Nov 23.
d) Vehicles used by the Maoists and recorded at the Transport Management Department as per the earlier agreement would be regulated as per the existing rules and regulations by Nov 23.
Unregistered vehicles would be seized.
e) The local administration would monitor - and enforce if necessary -- the implementation of the agreement on returning the seized properties to the rightful owners.
The political parties should cooperate with the government for its implementation.
7. Constitution-drafting and national consensus government
a) In order to take the ongoing peace process to a logical end and to complete the task of writing a constitution, the ongoing dialogues among the political parties will be continued.
For that, a high level political mechanism will be formed.
b) The process of writing the new constitution will be accelerated.
In order to make recommendations on state restructuring, a team of experts will be formed immediately on the basis of consensus in Constituent Assembly and the process of formulating a draft of the new constitution will be initiated within a month.
c) In line with the progress made in the peace process and constitution writing, the process of formulating a national consensus government will move forward.
Signed by:
Pushpa Kamal Dahal (Prachanda), Chairman, UCPN (Maoist)
Sushil Koirala, President, Nepali Congress
Jhala Nath Khanal, Chairman, CPN (UML)
Bijay Kumar Gachchhadar, On behalf of United Democratic Madhesi Front