The Seven Point Agreement

  • Country/entity
    Nepal
  • Region
    Asia and Pacific
  • Agreement name
    The Seven Point Agreement
  • Date
    1 Nov 2011
  • 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
    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
  • Third parties
    -
  • Description
    A 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.


Groups

  • Children/youth
    Groups→Children/youth→Other
    Page 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 persons
    Groups→Disabled persons→Substantive
    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.
  • 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
    Groups→Refugees/displaced persons→Substantive
    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.
  • Social class
    Groups→Social class→Substantive
    Page 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.

  • Family
    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.

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 institutions
    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.
    ...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.

  • Constitution
    Governance→Constitution→Constitutional reform/making
    Page 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 sharing
    Power sharing→Military power sharing→Merger of forces
    Page 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 structures
    Page 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 reconstruction
    Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
    Page 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.

  • Business
    Page 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/rights
    Land, property and environment→Land reform/rights→Property return and restitution
    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.
    ... 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 rights
    Page 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 forces
    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.
  • DDR
    Security sector→DDR→DDR programmes
    Page 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 forces
    Page 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.

  • Mechanism
    Page 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.

  • Victims
    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.
  • Missing persons
    Page 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.
  • Reparations
    Transitional justice→Reparations→Material reparations
    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.

    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.
  • Reconciliation
    Page 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.

  • Source
    UN 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