Agreement between the GoN and the Adivasi Tharu Community agitating in the Terai and Nepal Adivasi Janajati Mahsangha

• Country/entity

  Nepal
  
• Region

  Asia and Pacific
  
• Agreement name

  Agreement between the GoN and the Adivasi Tharu Community agitating in the Terai and Nepal Adivasi Janajati Mahsangha
• Date

  14 Mar 2009
• Agreement status

  Multiparty signed/agreed
• Interim arrangement

  Yes
• Agreement/conflict level

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

  Framework/substantive - partial
• Conflict nature

  Government
• Peace process

  Nepal related-local processes
• Parties

  Sd.
  Laxman Tharu
  Talks Team Coordinator
  Tharuhat Samyukta Sangharsha Samiti and Adivasi Sangha
  
  Sd.
  Baburam Chaudhary
  Talks Team Coordinator
  Nepal Loktantrik Tharu Sangha
  
  Sd.
  Rajkumar Lekhi
  Talks Team Coordinator
  General Secretary
  Tharu Kalyankari Sabha
  
  Sd.
  Pasang Sherpa
  Chairperson
  Nepal Adivasi Janajati Mahasangha
  
  Sd.
  Janardhan Sharma
  ‘Prabhakar’
  Talks Team Coordinator
  Minister
  Ministry of Peace and Reconstruction Government of Nepal
  
  Sd.
  Indrajeet Tharu
  Talks Team Coordinator
  General Secretary
  Tharu Rastriya Mukti Morcha Nepal
• Third parties

  -
• Description

  An agreement between the Governmet of Nepal, the Adivasi Tharu Community, and the Nepal Adivasi Janajati Mahsangha to amend the Interim Constitution

• Agreement document

  NP_090314_GoN and Adivasi Tharu.pdf | Download PDF

Local agreement properties

• Process type

  Formal structured process
  
• Rationale

  While there was no one primary institution, or procedure driving these agreements, it was formal. UN Nepal and Ministry of Peace and Reconstruction archives points out that all the governments between 2007- 2010, formed dialogue teams led/ coordinated by the Minister of Peace and Reconstruction, despite the Ministers changing along as per the shifts in the government coalition. A dialogue team was set up by the Maoist-led government, which won the elections in April 2008. This dialogue team was again led by the Minister for Peace and Reconstruction, Mr Janardhan Sharma. This team pursued dialogue with the team of Adivasi Tharu Community agitating in the Terai and Nepal Adivasi Janajati Mahsangha to reach this agreement.
• Is there a documented link to a national peace process?

  Yes
• Link to national process: articulated rationale

  The demands sought to strengthen the provisions on inclusion in the Constitution making process. This agreement sought to ensure that distinct identities of the varied marginalised groups were categorised in the constitutional and legal provisions. It also sought that the government remain committed to Inclusion related provisions in the Interim Constitution.
• Name of Locale

  Terai
• Nature Of Locale

  Region
• GPS Lat/Long (DD)

  27.470000, 84.613747
• Participant type

  Central state actor
  Local armed group
  
• Mediator, facilitator or similar

  No mention of mediator or similar

Local issues

Agreement between the GoN and the Adivasi Tharu Community agitating in the Terai and Nepal Adivasi Janajati Mahasangha

On March 14, 2009, in the presence of the Honourable Prime Minister, the following agreement was reached between the representatives of the Government of Nepal and the representatives of the indigenous Tharu communities agitating in the Terai and Nepal Adivasi Janajati Mahasangha [Nepal Federation of Indigenous Nationalities]:

1. The Government of Nepal is clear about the fact that all indigenous nationalities, Madheshis, Dalits, Muslims, minority communities in the country, including the indigenous Tharus of the Terai, have their own unique identities.

Thus, the prevalent constitutional and legal provisions that encumber and overshadow their independent identities shall be amended by following the necessary process.

2. Remaining committed to the provision of Clause (d1) of Article 33 of the Interim Constitution of Nepal 2063 that mentions ‘to enable Madheshi, Dalits, indigenous ethnic groups [Adivasi Janajati], women, labourers, farmers, the physically impaired, disadvantages classes and disadvantaged regions to participate in all organs of the State structure on the basis of proportional inclusion’, the Acts issued through ordinances, including the Police Act, the Armed Police Act, the Army Act, the Education Act, the Development Act, the Health Services Act and the Nepal Essential Services Act, shall be amended by following the necessary process.

3. The Government of Nepal shall declare Kamal Chaudhary, Bipin Chhetri, Ram Prasad Chaudhari and Prakash Chaudhari, who lost their lives during the movement of the indigenous Tharu communities, as martyrs and shall provide suitable financial assistance to their families.

4. The Government of Nepal shall bear entire medical expenses of the persons who sustained injuries and provide compensation to those who lost property in the course of the movement.

5. The Ministry of Home Affairs has been directed to immediately release the people arrested during the movement.

6. All agitation programmes launched by organisations, including the Tharu Kalyankari Sabha [Tharu Welfare Council], Tharuhat Samyukta Sangharsha Samiti [Tharuhat Joint Struggle Committee], Nepal Loktantrik Tharu Sangha [Nepal Democratic Tharu Association], Tharu Rastriya Mukti Morcha Nepal [Tharu National Liberation Front Nepal] and Nepal Adivasi Janajati Mahasangha [Nepal Federation of Indigenous Nationalities], are withdrawn effective from today.

Sd.

Laxman Tharu

Talks Team Coordinator

Tharuhat Samyukta Sangharsha Samiti and Adivasi Sangha

Sd.

Rajkumar Lekhi

Talks Team Coordinator

General Secretary

Tharu Kalyankari Sabha

Sd.

Janardhan Sharma

‘Prabhakar’

Talks Team Coordinator

Minister

Ministry of Peace and Reconstruction Government of Nepal

Sd.

Baburam Chaudhary

Talks Team Coordinator

Nepal Loktantrik Tharu Sangha

Sd.

Pasang Sherpa

Chairperson

Nepal Adivasi Janajati Mahasangha

Sd.

Indrajeet Tharu

Talks Team Coordinator

General Secretary

Tharu Rastriya Mukti Morcha Nepal