Decisive Seven-point Deal Four Parties Reached

Siddhi B Ranjitkar

Four major political parties have reached a historical deal on the peace process and the constitution writing on November 1, 2011. Leaders of four parties such as UCPN-Maoist, NC, CPN-UML and UDMF have signed off the seven-point deal on completing the peace process and then the constitution writing. The four major points of the deal are (1) integration of PLA members, (2) setting up of commission on truth and reconciliation and commission on whereabouts of enforced disappearance, (3) enforcement of the previous agreements and (4) completion of a new constitution writing and formation of a consensus government. All the political leaders, civil society activists and the international community have welcomed the deal. Only the Vaidya group of the UCPN-Maoist has been deadly against the deal.

Following the deal the leaders of four political parties have reached, the peace process will be completed and the constitution writing; this is what most of Nepalis wishes for. The PLA members will be integrated into the directorate of the Nepal Army. The directorate comprises 65 percent of the security agency and 35 of the PLA members. The mandate of the directorate is to provide security to development projects, forest and industrial security and disaster management. The paramilitary structure of the Young Communist League (YCL) affiliated to the UCPN-Maoist will be ended. All the properties YCL has controlled will be returned to the rightful owners: individuals and institutions. The properties seized by the UCPN-Maoist during the conflict time will be returned to the owners: individuals and institutions. Compensations for the loss of incomes during the seizure of properties will be paid to the owners. We hope this will pave the way to complete the writing of a new constitution; and Nepal will enjoy peaceful and stable political environment in the coming days but all these things depend on how the political leaders manage the politics.

Another component of the peace process is the setting up of a commission on truth and reconciliation, and commission on investigation into enforced disappearance. Until and unless the victims of the conflict are compensated and the perpetrators of human rights violence are brought to justice, the peace process will not be completed. So, the two commissions in question are for doing justice to the victims and their families, and to complete the peace process.

The deal leaders of the four political parties have reached, says that judicious relief assistance will be provided to the families of the victims of the conflict, to the disabled, and displaced people and families, and the families of the properties destroyed during the armed conflict. Such relief assistance will certainly ease the pains of the victims of the conflict and contributes to complete the peace process.

The third most important point of the deal is the enforcement of the previous agreements the political parties have reached in the past. Enforcement of the previous agreement will create an environment conducive to building trust among the political parties. They will start trusting each other. Surely, in this case, crook politicians will lose the opportunity of getting into the power.

The fourth point is completing the crafting of a new constitution and forming a consensus government. This last point heavily depends on the enforcement of the first three points. So, it remains to be seen how the three major points will be enforced. If the three preceding points are enforced as mentioned in the seven-point deal the leaders of the four political parties have reached then there is no question about completing the crafting of a new constitution and forming a consensus government.

Speaking at the parliament on November 3, 2011, Chairman of UCPN-Maoist Prachanda has said that the people’s pressure has made it possible to reach the seven-point deal; it will reduce the transitional period; if the transitional period lengthens, it will hurt the revolutionary people that opt for better changes according to the news published in ‘gorkhapatra’ of November 4, 2011.

In a meeting held at the residence of Chairman of UCPN-Maoist Prachanda, commanders of PLA have come to the conclusion that the seven-point agreement is the milestone in the peace process; PLA commander Pasang has said that the statement of one of the Vice-chairmen of UCPN-Maoist Mohan Vaidya Kiran stating the PLA surrenders following the seven-point deal is the personal view; so, the PLA will strictly follow the decision of the UCPN-Maoist, and the PLA is ready to integrate, rehabilitate and take voluntary retirement following the seven-point deal, the news posted on ‘gorkhapatra’ of November 4, 2011 says.

In a press conference held on November 2, 2011, Vice-chairman of UCPN-Maoist Mohan Vaidya Kiran has said that he would fight against the seven-point deal leaders of the four political parties have reached in the party and if it would not bring a positive result then he would take the issue to the people in other words to the streets; he has charged that the deal is the plot to disarm the PLA, such a plot has started from the four-point deal his party has reached with the UDMF and the BIPPA Nepal has signed with India; however, he is for the honorable integration of the PLA and for a new constitution according to the news published in ‘gorkhapatra’ of November 3, 2011.

Speaking at an event held in his honor by Mechi Chamber of Commerce and Industries in Dhulabari of the Jhapa district on November 3, 2011, US envoy to Nepal Scott H DeLisi has said that he is very happy with the deal leaders of the four political parties have reached on November 1, 2011; and “the deal has increased hope that the peace process will reach its logical end and the statute will be drafted on time,” ‘The Himalayan Times’ of November 3, 2011 quotes the envoy

Speaking at the interaction program held by the Reporters’ Club in Kathmandu on November 2, 2011, general secretary of NC Krishna Prasad Sitaula has said that the objection of the Vaidya group of UCPN-Maoist to the deal the four political parties have reached will not adversely affect the enforcement of the deal, ‘The Rising Nepal’ of November 3, 2011 writes.  "I see no rationale to object to the agreement as it is only another promise to conclude the peace and constitution writing processes as per the spirit of the past agreements including the Comprehensive Peace Agreement and Interim Constitution. It does not contain any newer thing," ‘The Rising Nepal’ of November 3, 2011 quotes General Secretary Sitaula. "NC president Sushil Koirala, Maoist chairman Pushpa Kamal Dahal Prachanda and CPN-UML chairman Jhala Nath Khanal showed their guts to get the deal struck. Moreover, Prachanda dared to do so by defying the protest from his vice-chairman Baidhya," ‘The Rising Nepal’ of November 3, 2011 quotes General Secretary Sitaula. General Secretary Sitaula also has said that the peace process was stalled in the past due to the line of revolt the Maoists had taken; the current deal has been possible due to a shift in the Maoist party from revolt to peace.

The government of India has welcomed the seven-point agreement leaders of the four political parties have reached on November 1, 2011 in Nepal. In a statement issued in New Delhi on November 2, 2011, the Indian Ministry of External Affairs has said that the agreement provides a firm basis for successful conclusion of the remaining aspects of the peace process, ‘The Himalayan Time’ of November 2, 2011 reports. “We congratulate the people and the political parties in Nepal for their commitment to resolve outstanding issues in a spirit of consensus and for displaying enlightened leadership; India fully supports these efforts meant to pave the way for Nepal’s transition to a pluralistic and inclusive multiparty democracy,” ‘The Himalayan Times’ of November 2, 2011 quotes the statement.

On November 2, 2011, Secretary-General Ban Ki-moon welcomed the agreement reached among Nepal’s political parties on resolving the outstanding issues related to the integration and rehabilitation of Maoist combatants and the drafting of a new constitution. Mr. Ban welcomed the agreement in a statement issued by his spokesperson, adding that he is also encouraged by the decision to establish the transitional justice mechanisms that had been agreed on in the comprehensive peace accord that ended the conflict. “The Secretary-General commends Nepal’s political leaders for having worked in a spirit of compromise and consensus to reach this agreement,” said the statement. “He urges them to sustain this spirit of cooperation and to speedily implement the commitments they have made.” (Source: UN NEWS SERVICE, Un.org)

Nepal - Agreement for Maoist disarmament (November 3, 2011): France applauds the agreement reached on November 1st between Nepal’s political leaders regarding, in particular, the rehabilitation and reintegration of former Maoist combatants. This represents decisive progress towards completion of the peace process and consolidating the rule of law and democracy in Nepal. France, through its action within the United Nations and the European Union, stands by Nepal in its efforts. (Source: diplomatie.gouv.fr)

The EU mission including Norway and Switzerland in Kathmandu has welcomed the seven-point agreement the four political parties have reached on Tuesday, November 1, 2011, the state news agency called RSS has stated on November 2, 2011. In a joint statement issued on Wednesday, November 2, 2011, the EU mission said, "The signing of the seven-point agreement has resolved many of the long-outstanding issues in Nepal's peace process. We encourage the Nepal Government and all political parties to now give high priority to the implementation of the agreement, including the drafting of a new democratic and inclusive Constitution, which aims at ensuring lasting peace and stability in Nepal."

In a statement issued on November 2, 2011, the Federation of Nepal Chambers of Commerce and Industry (FNCCI) has welcomed the seven-point deal the four political parties reached on Tuesday, November 1, 2011. The apex body of the private sector has said that the consensus reached among the political parties will help draft the new constitution soon and have positive impact on economic activities. The FNCCI also has said that the "historic consensus" among the parties has sent positive message both nationally and internationally while it has also rekindled hope. (Source: nepalnews.com)

In a statement issued on November 2, 2011, the US State Department has welcomed the deal the four political parties has reached on November 1, 2011. “We commend all parties for their statesmanship and leadership in forging this consensus, which we believe is a crucial step towards ensuring a democratic, stable, and prosperous future for Nepal,” the statement quotes Victoria Nuland, spokesperson for the State Department. “We encourage all those involved to implement the agreement,” Nuland added, reiterating her country’s commitment to support the peace process. (Source: The Himalayan Times of November 2, 2011)

Japan has termed the deal historic. “The agreement is the clear embodiment of the constructive spirit of mutual understanding among political leaders and symbolizes a major breakthrough towards achieving the aspirations of the people of Nepal,” the Japanese Embassy said. The embassy urged all concerned for timely implementation of the deal as per the agreed schedule. (Source: The Himalayan Times of November 2, 2011)


Annex
The Seven Point Agreement:

The deal of political parties on the subjects including the peace process (Translation of the text of the seven-point deal published in ‘gorkhapatra’ of November 2, 2011 by Siddhi B Ranjitkar)
 
National consensus is necessary to complete the peace process and the new constitution. It is clear that we need to move on to the political process including the new constitution writing to take the peace process of Nepal to a logical conclusion. So, following the Comprehensive Peace Agreement, Interim Constitution of Nepal of 2007 and various other deals the political parties have reached at different times, and to immediately complete the remaining tasks of the peace process for moving ahead the constitution writing and for building the national consensus on the politics, we have reached the deal on the following subject matters:

1. Integration and rehabilitation of the Maoist combatants

a) Updating the records of the Maoist combatants residing at various cantonments.

b) The number of the Maoist combatants to be integrated will be 6,500 (six thousands five hundred) at the maximum. They will be integrated into a directorate of the Nepal Army. The directorate comprises 65 percent of the security agency and 35 percent of the Maoist combatants. The mandate of the directorate is to provide security to development-construction, forest security, industrial security and disaster management.

c) Combatants to be integrated have to individually meet the standard of the concerned security agency. However, norms on age, educational requirements and marital status will be relaxed. Concerning this matter, one level in the educational requirements set for a specific position of the security agency will be relaxed. Three years in the age and one level in the education will be waived for the entry into the rank set at the time of joining the Maoist combatants.

d) The rank of the Maoist combatants to be integrated will be set following the standard of the concerned security agency. Integration of the Maoist combatants into the officer rank of the security agency and into other ranks will be done so that it will not adversely affect the prevailing status of the security agency and the career development of current officers and other ranks. Service years of the Maoist combatants will be counted from the date mentioned in the certification of the UNMIN as the date of entry.

e) After completing the bridging course and the training given by the security agency, Maoist combatants will have the duty of the rank set by the security agency. Concerned security agency will provide the Maoist combatants with the bridging course and the training.

f) After the initiation of the integration process, all the weapons stored in containers at the cantonments will automatically come under the jurisdiction of the government.

2. Rehabilitation of Maoists combatants

a) Combatants to be rehabilitated will have the packages of education, training, or vocational training as alternatives. The packages will be of from Rs 600,000 to Rs 900,000 depending on the nature of training, education or vocational training and the time required for the courses.

b) Combatants that prefer cash to the packages, and take the voluntary retirement will be divided into the four categories depending on their ranks. Combatants of the highest category will receive Rs 800,000, the second highest Rs 700,000, the third highest Rs 600,000 and the fourth Rs 500,000. They will receive the cash in two installments in two fiscal years. The (Army Integration) Special Committee will make a formal decision on this matter at a meeting to be held within two days.

3. Group division

Concerning the division of the combatants to be integrated and to be rehabilitated, the (Army Integration) Special Committee will make a decision on the procedure of division within seven days and then the division will start off, and will be completed by Nov 23, 2011.

4. Formation of commissions as agreed on

a) Following the Comprehensive Peace Agreement, and the spirit of reconciliation, the bill on the formation of Truth and Reconciliation Commission and of Commission on Investigation into Enforced Disappearances will be submitted to the parliament and get it passed by the parliament building a consensus on this matter. These commissions will be formed within a month based on consensus.

b) Following the letter and spirit of the Comprehensive Peace Agreement and the Interim Constitution of 2007, the legal cases of the conflict period will be settled.

5. Relief assistance to the victims of the conflict

Judicious relief assistance without any prejudice will be provided to the families of those killed and disappeared, to the disabled, and displaced people and families, and the families of the properties destroyed due to the conflict during the armed conflict. Such relief assistance supposed to be provided after the Comprehensive Peace Agreement will be provided without prejudice to all concerned.

6. Enforcement of past agreements and building an environment conducive to trust

a) The UCPN-Maoist will make an institutional decision on returning the private and public properties seized by the party in the course of the armed conflict, and will return to the concerned people and institutions by Nov 23, 2011. Appropriate compensations for the loss of incomes due to the seizure of the properties will be provided to the concerned owners for the period of the seizure of properties.

b) The rights of the peasants will be guaranteed following the Comprehensive Peace Agreement, Interim Constitution of 2007, and scientific land reforms.

c) The paramilitary structure of the Young Communist League (YCL) affiliated to the UCPN-Maoist and its activities will be ended, and all the public and private properties taken control by the YCL will be returned to the concerned institutions and individuals by Nov 23, 2011.

d) Following the previous agreement, vehicles used by the UCPN-Maoist keeping the record at the Department of Transport Management will be properly registered following the rules and regulations by Nov 23, 2011. The government will seize the vehicles not registered accordingly. Vehicles used by the Maoist cantonments will come under the jurisdiction of the government of Nepal.

e) The local administration will be responsible for monitoring the enforcement of the agreement on returning the seized properties if found not enforced the local administration will enforce it. The political parties will cooperate with the local administration on this mater.

7. Constitution crafting and national consensus government
 
a) Dialogue among the political parties will continue to take the peace process and the constitution writing to the logical conclusion. To this end, a high level political mechanism will be set up.

b) The crafting of a new constitution will be intensified. The Constituent Assembly will form a team of experts in state restructuring without delay building a consensus on it, and take the recommendations on the state restructuring. Drafting of a new constitution will be initiated within a month.

c) The process of forming a national consensus government will follow the progress in the peace process and the constitution writing.

Signed by


Prachanda        Sushil Koirala        Jhalanath Khanal    Bijya Gacchedar
Chairman of        President of NC    Chairman of CPN-UML    UDMF   
UCPN-Maoist

Date: November 1, 2011        Kartik 15, 2068