25-Point Ceasefire Code of Conduct Agreed between the Government of Nepal and SPN (Maoist)
- Country/entityNepal
- RegionAsia and Pacific
- Agreement name25-Point Ceasefire Code of Conduct Agreed between the Government of Nepal and SPN (Maoist)
- Date25 May 2006
- Agreement statusMultiparty signed/agreed
- Interim arrangementYes
- Agreement/conflict levelIntrastate/intrastate conflict ()
- StageCeasefire/related
- Conflict natureGovernment
- Peace processNepal peace process
- PartiesOn behalf of the CPN (Maoist) Coordinator: Krishna Bahadur Mahara
On behalf of the Govt. of Nepal Coordinator: KrishnaPrasad Sitaula - Third parties-
- DescriptionA ceasefire code of conduct establishing rules for the two parties in which they agree to guarantee a fearless civilian life by avoiding engaging in any hostile military activity. They undertake to create a peaceful environment, refrain from using any hostile language, halt collecting any form of levy and to facilitate the functioning of essential services to the people. They also agree to release all prisoners, engage in further talks and to request for internationalPage monitoring of the ceasefire agreement.
- Agreement document
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
No specific mention.
- Religious groups
No specific mention.
- Indigenous people
No specific mention.
- Other groups
No specific mention.
- Refugees/displaced personsGroups→Refugees/displaced persons→RhetoricalPage 3, Release and Rehabilitation, para 18: To assist to the displaced persons to return to their respective houses and on the act of peaceful, comfortable and dignifiedly rehabilitation thereof.
- Social class
No specific mention.
Gender
- Women, girls and gender
No specific mention.
- Men and boys
No specific mention.
- LGBTI
No specific mention.
- Familypage 3, Release and Rehabilitation, para 19: To return the properties that are seized, locked up or prohibited to use during the conflict, of the leaders and the workers of political parties and public -in- general, to the concerned persons or families and to allow them to consume. To resolve the problems through the mutual agreement, this may arise while returning the properties
State definition
- Nature of state (general)Page 1, preamble: ...Expressing commitment towards democratic values and norms, including a competitive multi-party system of governance, civil liberties, fundamental rights, human rights, press freedom and the concept of the rule of law;
Guaranteeing the fundamental rights of the Nepali people to participate in the process of framing a constitution through participating in the election of constitution assembly without being influenced by any fear, threats, or violence; and
Placing in centre the democracy, peace, prosperity, and progressive social change, and the independence, sovereignty, and dignity of the country;... - 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)
No specific mention.
- ElectionsPage 1, preamble: Guaranteeing the fundamental rights of the Nepali people to participate in the process of framing a constitution through participating in the election of constitution assembly without being influenced by any fear, threats, or violence;...
- Electoral commission
No specific mention.
- Political parties reform
No specific mention.
- Civil societyPage 2, Creating an environment of trust among the people, para 7: Not to make any hindrance and give any mental and physical pressure from either side to the workers of political parties and members of social organizations or individuals to disseminate their opinion, to conduct meetings and assemblies, to conduct the act of extending organizations through movement around any part of the country.
Page 3, Facilitating in the Negotiations, para 20: No hurdle or of any obstruction shall be created in the movement and activities of individuals of both the parties involving in the negotiations. - Traditional/religious leaders
No specific mention.
- Public administration
No specific mention.
- ConstitutionGovernance→Constitution→Constitutional reform/makingPage 1, preamble: Guaranteeing the fundamental rights of the Nepali people to participate in the process of framing a constitution through participating in the election of constitution assembly without being influenced by any fear, threats, or violence;...
Power sharing
- Political power sharing
No specific mention.
- 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 generalpage 1, preamble;...Remaining committed towards the Universal Declaration of Human Rights 1948, and the basic principles and norms concerning international humanitarian law and human rights;...
...Expressing commitment towards democratic values and norms, including a competitive multi-party system of governance, civil liberties, fundamental rights, human rights, press freedom and the concept of the rule of law;
Guaranteeing the fundamental rights of the Nepali people to participate in the process of framing a constitution through participating in the election of constitution assembly without being influenced by any fear, threats, or violence; and - Bill of rights/similar
No specific mention.
- Treaty incorporation
No specific mention.
- Civil and political rightsHuman rights and equality→Civil and political rights→Freedom of movementPage 2, Creating an environment of trust among the people, para 7: Not to make any hindrance and give any mental and physical pressure from either side to the workers of political parties and members of social organizations or individuals to disseminate their opinion, to conduct meetings and assemblies, to conduct the act of extending organizations through movement around any part of the country.Human rights and equality→Civil and political rights→Freedom of associationPage 3, Creating an environment of trust among the people, para 7: Not to make any hindrance and give any mental and physical pressure from either side to the workers of political parties and members of social organizations or individuals to disseminate their opinion, to conduct meetings and assemblies, to conduct the act of extending organizations through movement around any part of the country.
Page 2, On basic services to the people, the development and construction, para 8: No programs like general strike and transport strike shall be organized during the period of ceasefire. However, peaceful assemblies and processions may be organized.Human rights and equality→Civil and political rights→Vote and take partpage 1, preamble: ...Guaranteeing the fundamental rights of the Nepali people to participate in the process of framing a constitution through participating in the election of constitution assembly without being influenced by any fear, threats, or violence;...Human rights and equality→Civil and political rights→Thought, opinion, conscience and religionPage 2, Creating an environment of trust among the people, para 7: Not to make any hindrance and give any mental and physical pressure from either side to the workers of political parties and members of social organizations or individuals to disseminate their opinion, to conduct meetings and assemblies, to conduct the act of extending organizations through movement around any part of the country. - Socio-economic rightsHuman rights and equality→Socio-economic rights→HealthPage 2, On basic services to the people, the development and construction, para 11: No restriction imposed nor hindrance created transport food, medicines, development and construction materials and goods for daily consumption.Human rights and equality→Socio-economic rights→Adequate standard of livingPage 2, On basic services to the people, the development and construction, para 11: No restriction imposed nor hindrance created transport food, medicines, development and construction materials and goods for daily consumption.
Rights related issues
- CitizenshipRights related issues→Citizenship→Citizen, generalPage 2, Release and Rehabilitation, para 17: To disclose, as soon as possible, the whereabouts of the citizens who have been disappeared thereof.
- DemocracyPage 1, Preamble: Respecting the popular mandate expressed through the historic people’s movement in favor of full democracy, progress and peace;...Expressing commitment towards democratic values and norms, including a competitive multi-party system of governance, civil liberties, fundamental rights, human rights, press freedom and the concept of the rule of law;...Placing in centre the democracy, peace, prosperity, and progressive social change, and the independence, sovereignty, and dignity of the country...
- Detention procedures
No specific mention.
- Media and communicationRights related issues→Media and communication→Media rolesPage 1, preamble: ...Expressing commitment towards democratic values and norms, including a competitive multi-party system of governance, civil liberties, fundamental rights, human rights, press freedom and the concept of the rule of law;...
Page 2, Support from media for the peace talks:
13. To circulate information in favor of ceasefire, code of conduct, and while conducting to peace process and political dissemination use cultured and dignified language.
14. No one shall express one's statement through media in a manner of having adverse impact to the negotiations and the peace process. - Mobility/accessPage 2, On basic services to the people, the development and construction, para 8: No programs like general strike and transport strike shall be organized during the period of ceasefire. However, peaceful assemblies and
processions may be organized.
Page 2, On basic services to the people, the development and construction, para 9: To allow the essential services and facilities to the people to be operated without any restriction.
Page 2, On basic services to the people, the development and construction, para 11: No restriction imposed nor hindrance created transport food, medicines, development and construction materials and goods for daily consumption. - 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 2, On basic services to the people, the development and construction, para 10: Not to create any hindrance in peacefully carrying out the regular development works and other works for the interest of the people.
Page 2, Operation of educational institutions, Hospitals and industrial enterprises, para 12: To create an environment for the smooth operation of schools, colleges, universities, hospitals, health centers and industrial enterprises from both the sides. - 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 GuaranteesPage 2, Ensuring a fearless civic life, para 3: Not to attack or commit disruptive acts in each other’s military or security units, not to carry out actions like laying down land mines or setting up ambushes, not to recruit new people in their respective armies and not to spy.
- CeasefireSecurity sector→Ceasefire→Ceasefire provisionCode of conduct for ceasefire commenced on 26/05/2006. Ceasefire is presumed to be permanent.
The whole agreement provides for a ceasefire and its modalities. - Police
No specific mention.
- Armed forcesPage 1, Ensuring a fearless civic life, para 2: Both the parties shall not mobilize, demonstrate or use their armed forces in a manner that may spread fear amongst the people -in-general.
Page 1, Ensuring a fearless civic life, para 3: Not to attack or commit disruptive acts in each other’s military or security units, not to carry out actions like laying down land mines or setting up ambushes, not to recruit new people in their respective armies and not to spy.
Page 1, Ensuring a fearless civic life, para 5: Regarding the issue of management of arms and armies, the discussion and understanding will be continued on the basis of mutual consent.
Page 1, Creating an environment of trust among the people, para 6: Both the parties will not participate in public meetings, conference or any other political activities in combat dresses or in possession of arms. - DDR
No specific mention.
- Intelligence servicesPage 2,Ensuring a fearless civic life, para 3: Not to attack or commit disruptive acts in each other’s military or security units, not to carry out actions like laying down land mines or setting up ambushes, not to recruit new people in their respective armies and not to spy.
- Parastatal/rebel and opposition group forces
No specific mention.
- Withdrawal of foreign forces
No specific mention.
- CorruptionPage 2, Not to collect donation and financial support forcefully, para 15: Not to collect or mobilize donation or financial support, in cash or in kinds or services against one’s will.
- Crime/organised crime
No specific mention.
- Drugs
No specific mention.
- Terrorism
No specific mention.
Transitional justice
- Transitional justice general
No specific mention.
- Amnesty/pardonTransitional justice→Amnesty/pardon→Amnesty/pardon properPage 2, Release and Rehabilitation, para 16: To withdraw the accusation, prosecution and cases induced against various individuals by both the parties and release the detainees gradually.
- Courts
No specific mention.
- Mechanism
No specific mention.
- Prisoner releasePage 2, Release and Rehabilitation, para 16: To withdraw the accusation, prosecution and cases induced against various individuals by both the parties and release the detainees gradually.
- Vetting
No specific mention.
- Victims
No specific mention.
- Missing personsPage 2, Release and Rehabilitation, para 17: To disclose, as soon as possible, the whereabouts of the citizens who have been disappeared thereof.
- ReparationsTransitional justice→Reparations→Material reparationsPage 3, Release and Rehabilitation, para 19: To return the properties that are seized, locked up or prohibited to use during the conflict, of the leaders and the workers of political parties and public -in- general, to the concerned persons or families and to allow them to consume. To resolve the problems through the mutual agreement, this may arise while returning the properties
- 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/similarPage 3, Monitoring, para 21: Monitor of ceasefire by national and international monitoring teams shall be caused to be done on the basis of mutual agreement between both the parties.
- Enforcement mechanismpage 3, Monitoring, para 21: Monitor of ceasefire by national and international monitoring teams shall be caused to be done on the basis of mutual agreement between both the parties.
Page 3, Miscellaneous, para 22: If any dispute arises in the interpretation of this code of conduct, the problem shall be resolved through the agreement of both the parties. - Related cases
No specific mention.
- SourceGovernment of Nepal Peace Secretariat: http://www.ncf.org.np/upload/files/775_en_cover%20and%20con.pdf
The Code of Conduct for Ceasefire agreed between the Government of Nepal and the CPN (Maoist) on 25 May 2006 at Gokarna
Preamble
Respecting the popular mandate expressed through the historic people’s movement in favor of full democracy, progress and peace;
Remaining committed towards the Universal Declaration of Human Rights 1948, and the basic principles and norms concerning international
humanitarian law and human rights;
Expressing commitment to fully comply with the 12 points understanding reached between the seven political parties and the CPN (Maoists);
Expressing commitment towards democratic values and norms, including a competitive multi-party system of governance, civil liberties, fundamental rights, human rights, press freedom and the concept of the rule of law;
Guaranteeing the fundamental rights of the Nepali people to participate in the process of framing a constitution through participating in the election of constitution assembly without being influenced by any fear, threats, or violence;
and
Placing in centre the democracy, peace, prosperity, and progressive social change, and the independence, sovereignty, and dignity of the country;
Code of Conduct as follow has been issued as per the desire of the Nepali people in order to transform the ceasefire between the Government of Nepal and the CPN (Maoists) into a permanent peace and resolve the problem peacefully through negotiations.
Ensuring a fearless civic life
1. Not to make any public statement or do any other activities which may provoke each other.
2. Both the parties shall not mobilize, demonstrate or use their armed forces in a manner that may spread fear amongst the people -in general.
3. Not to attack or commit disruptive acts in each other’s military or security units, not to carry out actions like laying down land mines or setting up ambushes, not to recruit new people in their respective armies and not to spy.
4. Extend mutual cooperation from both parties in order to maintain peace and order.
5. Regarding the issue of management of arms and armies, the discussion and understanding will be continued on the basis of mutual consent.
Creating an environment of trust among the people
6. Both the parties will not participate in public meetings, conference or any other political activities in combat dresses or in possession of arms.
7. Not to make any hindrance and give any mental and physical pressure from either side to the workers of political parties and members of social organizations or individuals to disseminate their opinion, to conduct meetings and assemblies, to conduct the act of extending organizations through movement around any part of the country.
On basic services to the people, the development and construction
8. No programs like general strike and transport strike shall be organized during the period of ceasefire.
However, peaceful assemblies and processions may be organized.
9. To allow the essential services and facilities to the people to be operated without any restriction.
10. Not to create any hindrance in peacefully carrying out the regular development works and other works for the interest of the people.
11. No restriction imposed nor hindrance created transport food, medicines, development and construction materials and goods for daily consumption.
Operation of educational institutions, Hospitals and industrial enterprises
12. To create an environment for the smooth operation of schools, colleges, universities, hospitals, health centers and industrial enterprises from both the sides.
Support from media for the peace talks
13. To circulate information in favor of ceasefire, code of conduct, and while conducting to peace process and political dissemination use cultured and dignified language.
14. No one shall express one's statement through media in a manner of having adverse impact to the negotiations and the peace process.
Not to collect donation and financial support forcefully
15. Not to collect or mobilize donation or financial support, in cash or in kinds or services against one’s will.
Release and rehabilitation
16. To withdraw the accusation, prosecution and cases induced against various individuals by both the parties and release the detainees gradually.
17. To disclose, as soon as possible, the whereabouts of the citizens who have been disappeared thereof.
18. To assist to the displaced persons to return to their respective houses and on the act of peaceful, comfortable and dignifiedly rehabilitation
thereof.
19. To return the properties that are seized, locked up or prohibited to use during the conflict, of the leaders and the workers of political parties
and public -in- general, to the concerned persons or families and to allow them to consume.
To resolve the problems through the mutual
agreement, this may arise while returning the properties
20. Facilitating in the Negotiations
No hurdle or of any obstruction shall be created in the movement and activities of individuals of both the parties involving in the negotiations.
Monitoring
21. Monitor of ceasefire by national and international monitoring teams shall be caused to be done on the basis of mutual agreement between both the parties.
Miscellaneous
22. If any dispute arises in the interpretation of this code of conduct, the problem shall be resolved through the agreement of both the parties.
23. Alternation or amendments in the code of conduct may be made through the agreement of both the parties in accordance with the spirit of the preamble.
24. This code of conduct shall commence immediate after its signature.
25. This code of conduct shall be made in public after its signature.
On behalf of the CPN (Maoist)
Coordinator:
Krishna Bahadur Mahara
On behalf of the Govt.
of Nepal
Coordinator:
Krishna Prasad Sitaula