Nov 10, 2006

Cover Story

Midnight Achievement

Like most other historic achievements, the Seven Party Alliance (SPA) government and the Maoists’ much-awaited agreement was also signed at midnight at around 1 am on Wednesday. The deal, which is divided in six major categories, paves the way for peaceful resolution of the 11-year-old conflict in the country, which took the precious lives of nearly 15,000 Nepalese. The SPA government and the Maoists have signed agreement on all major contentious issues including that of the fate of monarchy, interim arrangement and modalities of Constituent Assembly. The leaders have agreed to form an interim government including the Maoists on December 1 under the leadership of current Prime Minister Girija Prasad Koirala. For Nepalese people who had been yearning for formal agreement between the SPA and the Maoists, the deal has come as a welcome relief. Their hopes and expectations of a beautiful, peaceful and prosperous Nepal can be built only if the agreement is fully adhered to by all its signatories

By SANJAYA DHAKAL

When they emerged out of Baluwatar after 18-hour-long talkathon, the haggard-looking leaders nonetheless were beaming with excitement and pleasure.

The face of Krishna Sitaula, the Home Minister and the coordinator of government talks team, was particularly reflective. Tired and worn-out, Situala – who has been castigated by his fellow parliamentarians for failing to maintain law and order in the country – was trying to hide his fatigue when he forced a smile in his unshaven face when a band of media persons shot a volley of queries regarding the newly signed deal.

“The deal is truly historic. It will usher in the era of peace and democracy,” said Sitaula. Perhaps, in response to the recent barrage of criticisms against him, Sitaula added that “within 15 days from Wednesday, all combatants of Maoists will have gone into cantonments.”

After seven months since they started the peace negotiations, the leaders finally had something to show to the people. “We have entered into a new era,” said Arjun Narsingh KC, the central member of Nepali Congress (NC). KC was among a few leaders who had been actively involved in the drafting and consultation process of the historic deal.

The Deal

Divided into six major categories and numerous points within them, the deal is signed by the leaders of both the SPA and the Maoists.

The six major categories include: 1) On Implementation of Past Agreements; 2) On Arms Management; 3) On Issues Related with Interim Constitution (interim statute, monarchy, interim legislature, interim government, judiciary, constitutional organs, local bodies, citizenship, CA elections, State structure, and socio-economic transformation issues); 4) Rehabilitation of Conflict Victims; 5) Miscellaneous; and 6) Time Schedule.

The agreement has been signed by Maoist chairman Prachanda on behalf of his party. Likewise, on behalf of SPA, Prime Minister and president of Nepali Congress (NC) Girija Prasad Koirala, UML general secretary Madhav Kumar Nepal, NC (Democratic) president Sher Bahadur Deuba, People’s Front president and deputy Prime Minister Amik Sherchan, general secretary of Nepal Sadbhavana Party (NSP-Anandidevi) Bharat Bimal Yadav, president of Nepal Workers and Peasants Party (NWPP) Narayan Man Bijukchhe, Leftist Front leader CP Mainali have signed the agreement.

On Monarchy

The agreement states that the fate of monarchy will be determined by the first meeting of the Constituent Assembly (CA). This was an issue of contention among the SPA and the Maoists. Even within the SPA, parties like UML had stood steadfast on their position that monarchy’s fate must be decided through referendum.

However, the leaders finally agreed to settle this issue through the first meeting of CA by simple majority. The UML has written a note of dissent on this matter.

The agreement states that the King will have no right whatsoever in the governance of the country.

Likewise, the properties of late King Birendra, late Queen Aishwarya and their families will be put under a trust of Nepal government and will be used for welfare purposes. The ancestral property of current King Gyanendra such as various palaces, forests and national parks, heritage of historic significance will be nationalized.

On the Management of Arms

Like the media reports that have been reporting about the understanding reached between Prachanda and PM Koirala, the agreement states after the government and the Maoists sign a Comprehensive Peace Agreement on November 16, the Maoist army would be sent to cantonments on November 21.

The agreement lists seven big cantonments will be set up each in Kailali, Surkhet, Rolpa, Palpa, Ilam, Kavre and Sindhuli districts and there will be 21 smaller camps – three in each district to be located around the periphery of big cantonments.

The arms of the Maoist army – except those required to provide security to the camps - will be separated and put under single lock system; its key given to Maoists and the cantonments will be monitored by the United Nations through Closed Circuit Television (CCTV) and siren alarm, which will be set off if there is any unauthorized tampering of the lock.

The UN will start verifying arms, record and monitor it from November 16 itself. Similar quantity of arms of Nepali Army (NA) would also be put under single lock system. 

The agreement states that NA will be operated as per new Military Act by the Council of Ministers. The interim government will democratize and reform NA as per the recommendations of interim legislature. The NA will be trained on human rights and made inclusive.

The NA, however, will continue to operate in regular activities such as providing border security, providing security to distinguished persons, providing security to national parks and wildlife reserves, telephone towers, power plants, airports, banks and so on.

Interim Arrangement

The agreement states that the interim constitution will be promulgated on November 26 after finalizing the previous draft of the interim statute submitted by drafting committee. It will be promulgated by the House of Representatives, which would then be dissolved. An interim legislature will replace the House of Representatives, which would then endorse the interim constitution.

The agreement adds that the interim legislature will have 330 members – Nepali Congress (75 seats), Unified Marxist Leninist (73 seats), and Maoists (73 seats). In fact, 209 sitting MPs of the House of Representatives and National Assembly will be nominated by their respective parties to the interim legislature. These will not include pro-regression parliamentarians. Apart from them, the Maoists will nominate 73 members and 48 members will be chosen from civil society, professional organizations and various party organizations.

The interim government will be led by current Prime Minister and president of Nepali Congress (NC) Girija Prasad Koirala. It will be formed on December 1 including the Maoists.

CA Elections

The agreement states that the CA election would be held within mid-June 2007. The CA elections would be held on the basis of mixed proportional procedure.

There will be 425 members of CA – 205 will be elected directly on the basis of existing electoral constituencies. Another 204 members will be nominated by various parties on the basis of their proportional strength seen during direct elections. The Prime Minister will nominate 16 remaining members of the CA.

The age for voting rights eligibility has been fixed at 18 years. Although some parties had pressed for bringing this down to 16 years, the agreement was reached in the existing age of eligibility that is at 18 years.

On this point also, the UML has written its Note of Dissent. It has stated that the party believes that election to CA should have been held on fully proportional representation system.

Miscellany

Likewise, the agreement states that 1990 will be the cut-off year for providing citizenship.

It calls for restructuring of the state to end all kinds of discriminations based on class, ethnicity, lingual, gender, cultural, religious and so on. It has agreed to form a high level committee to recommend restructuring of the state to ensure inclusion, democracy and progress.

The agreement also talks about directive principles of socio-economic transformation and management of victims of conflict.

A high-level joint monitoring committee will be formed to monitor the implementation of all agreements. The government could punish anyone who violates ceasefire code of conduct, agreements, deals and works against the law.

On the issue of republic, socio-economic transformation, referendum and electoral system, the political parties will be free to advance their viewpoints during the CA elections.

Welcome Deal 

Following the formal signing of the far-reaching deal, leaders of political parties and Maoists have hailed it as historic. They claimed that the deal will ensure full democracy and establish peace in the country.

“Our party has now entered into a new political environment,” said Barsha Man Pun aka Ananta, a central leader of the Maoist party and a commander of special central command of its People’s Liberation Army.

Ram Chandra Poudel, general secretary of NC, “A great historic agreement has been signed. This will end the 11-year-old conflict.” Madhav Kumar Nepal , general secretary of the Unified Marxist Leninist (UML), whose party has added Note of Dissent on two points of the agreement, reacted thus: “This agreement will further strengthen the unity of political parties. Dissensions are natural in a democracy.”

Another senior UML leader Jhal Nath Khanal said his party, despite the note of dissent, would fully support the agreement because it aims to free the country of conflict. “We firmly support the agreement and we would be firm in its implementation as well,” he said, adding that had the deal also agreed upon holding referendum to decide the fate of monarchy and holding CA elections fully on the basis of Proportional Representation electoral procedure, “wider participation of people could have been ensured.”