Agreement between the GoN and Samyukta Muslim Rastriya Sangharsha Samiti

  • Country/entity
    Nepal
  • Region
    Asia and Pacific
  • Agreement name
    Agreement between the GoN and Samyukta Muslim Rastriya Sangharsha Samiti
  • Date
    16 Mar 2009
  • Agreement status
    Multiparty signed/agreed
  • Interim arrangement
    Yes
  • Agreement/conflict level
    Intrastate/local conflict ( Nepalese Insurgency (1996 - 2006) )
  • Stage
    Pre-negotiation/process
  • Conflict nature
    Government
  • Peace process
    Nepal related-local processes
  • Parties
    On behalf of Samyukta Muslim Rastriya Sangharsha Samiti Talks Team
    Sd.
    Athar Hussein Faruki
    Coordinator of the Talks Team

    Sd.
    Taj Mohammed Miyan
    Coordinator, Kendriya Sangharsha Samiti (Central Struggle Committee)

    On behalf of GoN Talks Team
    Sd.
    Janardhan Sharma ‘Prabhakar’
    Coordinator of the Talks Team and Minister for Peace and Reconstruction
  • Third parties
    -
  • Description
    An agreement between the Government of Nepal and the Samyukta Muslim Rastriya Sangharsha Samiti to amend the Interim Constitution.

Local agreement properties

  • Process type
    Formal structured process
  • Rationale
    A dialogue team was set up by the Maoist-led government, which won the elections in April 2008. This dialogue team was again led/ coordinated by the Minister for Peace and Reconstruction, Mr Janardhan Sharma. This team pursued dialogue with the team of Samyukta Muslim Rastriya Sangharsha Samiti to reach this agreement.
  • Is there a documented link to a national peace process?
    Yes
  • Link to national process: articulated rationale
    The agreement sought to ensure that the unique identity of Muslims was not overshadowed when discussing provisions for various marginalised groups in Nepal, and that this uniqueness is reflected in the constitutional and legal provisions. It also sought formation of National Muslim Commission.
  • Name of Locale
    Tarai
  • Nature Of Locale
    Region
  • GPS Lat/Long (DD)
    27.010864, 83.985924
  • Participant type
    Central state actor
    Local community/civilian group(s)/civil society organisations
  • Mediator, facilitator or similar
    No mention of mediator or similar

Local issues

  • Ritual/prayer and process (including use of scripture)

    No specific mention.

  • Grievance List
    [Summary] (1) Muslims, as well as other disadvantaged communities, are not included in government and administrative structures (2) Muslim holidays not recognized as public holidays
  • Cattle rustling/banditry

    No specific mention.

  • Social cover

    No specific mention.

Agreement between the GoN and Samyukta Muslim Rastriya Sangharsha Samiti

Today, March 16, 2009, the Government Talks Team formed by the Government of Nepal and the Talks Team of the Samyukta Muslim Rastriya Sangharsha Samiti [Joint Muslim National Struggle Committee] reached an agreement as follows:

1. The Government of Nepal is clear that all Adivasi, Janajati , Madheshi, Tharu, Dalit and minority communities of the country, including Muslims, have their own distinct identity.

Hence, the existing constitutional and legal provisions that jeopardize or shadow their independent identity shall be amended by following the necessary procedure.

2. Expressing commitment to Clause (d1) of Article 33 of the Interim Constitution of Nepal 2007, which states ‘to enable Madheshi, Dalits, Adivasi Janajati [indigenous nationalities], 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 Government of Nepal shall take necessary initiative to ensure political, economic, social, cultural and educational rights of all Adivasi, Janajati , Madheshi, Tharu, Dalit and minority communities of the country, including Muslims.

3. The National Muslim Commission shall be constituted as soon as possible by conforming necessary procedures to carry out acts, including uplift and development of various sector in relation to the Nepalese Muslim community, formation of a permanent Hajj Committee and Madarasha Board.

4. The Government of Nepal shall positively consider the request for declaring the birthday of Hajarat Muhammad Sallallahu Alaihi Wa Sallam and Muharram festivals public holidays.

5. The report of the national census conducted in B.S. 2058 (2002), as per the policy of the Government of Nepal to carry out national census every ten years, has already been made public.

The Government is committed to carrying out census in a manner that separate numerical and other particulars of all Adivasi, Janajati, Madheshi, Tharu, Dalit, minority communities of the country, including Muslim, are clearly reflected.

6. Expressing commitment on behalf of the entire Muslim community of Nepal to conclude the peace process of the country and to draft a people-oriented Constitution, the Joint Muslim National Struggle Committee has called off all declared programmes of struggle.

On behalf of Samyukta Muslim Rastriya Sangharsha Samiti Talks Team

Sd.

Athar Hussein Faruki

Coordinator of the Talks Team

On behalf of GoN Talks Team

Sd.

Janardhan Sharma ‘Prabhakar’

Coordinator of the Talks Team and Minister for Peace and Reconstruction

Sd.

Taj Mohammed Miyan

Coordinator, Kendriya Sangharsha Samiti (Central Struggle Committee)