25-Point Ceasefire Code of Conduct Agreed between the Government of Nepal and SPN (Maoist)

  • Country/entity
    Nepal
  • Region
    Asia and Pacific
  • Agreement name
    25-Point Ceasefire Code of Conduct Agreed between the Government of Nepal and SPN (Maoist)
  • Date
    25 May 2006
  • Agreement status
    Multiparty signed/agreed
  • Interim arrangement
    Yes
  • Agreement/conflict level
    Intrastate/intrastate conflict ( Nepalese Insurgency (1996 - 2006) )
  • Stage
    Ceasefire/related
  • Conflict nature
    Government
  • Peace process
    Nepal peace process
  • Parties
    On behalf of the CPN (Maoist) Coordinator: Krishna Bahadur Mahara
    On behalf of the Govt. of Nepal Coordinator: KrishnaPrasad Sitaula
  • Third parties
    -
  • Description
    A 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.


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 persons
    Groups→Refugees/displaced persons→Rhetorical
    Page 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.

  • Family
    page 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.

  • Elections
    Page 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 society
    Page 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.

  • Constitution
    Governance→Constitution→Constitutional reform/making
    Page 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 general
    page 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 rights
    Human rights and equality→Civil and political rights→Freedom of movement
    Page 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 association
    Page 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 part
    page 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 religion
    Page 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 rights
    Human rights and equality→Socio-economic rights→Health
    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.
    Human rights and equality→Socio-economic rights→Adequate standard of living
    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.

Rights related issues

  • Citizenship
    Rights related issues→Citizenship→Citizen, general
    Page 2, Release and Rehabilitation, para 17: To disclose, as soon as possible, the whereabouts of the citizens who have been disappeared thereof.
  • Democracy
    Page 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 communication
    Rights related issues→Media and communication→Media roles
    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;...

    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/access
    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.

    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 reconstruction
    Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
    Page 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 Guarantees
    Page 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.
  • Ceasefire
    Security sector→Ceasefire→Ceasefire provision
    Code 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 forces
    Page 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 services
    Page 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.

  • Corruption
    Page 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/pardon
    Transitional justice→Amnesty/pardon→Amnesty/pardon proper
    Page 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 release
    Page 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 persons
    Page 2, Release and Rehabilitation, para 17: To disclose, as soon as possible, the whereabouts of the citizens who have been disappeared thereof.
  • Reparations
    Transitional justice→Reparations→Material reparations
    Page 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/similar
    Page 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 mechanism
    page 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.

  • Source
    Government 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