WE, THE SOVEREIGNTY AND STATE AUTHORITY INHERENT PEOPLE OF NEPAL,
WE, THE SOVEREIGNTY AND STATE AUTHORITY INHERENT PEOPLE OF NEPAL,
Respecting the people's mandate expressed in favour of democracy, peace and progression through historical struggles and people's movements launched by the people of Nepal at various times since before 2007 (1951) to till the date;
Pledging to accomplish the progressive restructuring of the State in order to solve the problems existing in the country relating to class, ethnicity, region and gender;
Expressing our full commitment to democratic values and norms including the competitive multi-party democratic system of governance, civil liberties, fundamental rights, human rights, adult franchise, periodic elections, complete freedom of the press, independent judiciary and concepts of the rule of law;
Guarantee the basic rights of the people of Nepal to make a constitution for them on their own and to take part in a free and fair election to the Constituent Assembly in an environment without fear;
Putting democracy, peace, prosperity, progressive socio-economic transformation and sovereignty, integrity independence and prestige of the country in the center;
Declaring Nepal as a federal, democratic republican state upon duly abolishing the monarchy;
HEREBY DECLARE, with a view to institutionalizing the achievements made through the revolutions and movements till now, the promulgation of this Interim Constitution of Nepal 2063 (2007), which has been made through a political understanding and to be in force until a new constitution is framed by the Constituent Assembly.
The sovereignty and the state authority of Nepal shall be vested in the people of Nepal.
Having multiethnic, multilingual, multireligious and multicultural characteristics with common aspirations and being united by a bond of allegiance to national independence, integrity, national interest and prosperity of Nepal, all the Nepalese people collectively constitute the nation.
The National flag of Nepal, as handed down by tradition, consists of two juxta-posed triangular figures with a crimson-coloured base and deep blue borders, there being a white emblem of the crescent moon with eight rays visible out of sixteen in the upper part and a white emblem of a twelve rayed sun in the lower part. The method of drawing out the flag and other particulars relating thereto shall be as set forth in the Schedule 1.
Provided that, for the acquisition of citizenship under this provision, any person must make an application within the prescribed period, for one time, as provided in the laws in force.
Except as mentioned in Article 8, the Government of Nepal may grant the naturalized or honorary citizenship of Nepal, as provided in the laws.
Other necessary matters including the acquisition and termination of citizenship shall be as provided in the laws in force.
The Government of Nepal may depute citizenship distribution teams to grant citizenship to those persons who are eligible to acquire citizenship as provided in the laws in force.
Provided that nothing shall be deemed to prevent the making of special provisions by law for the protection, empowerment or advancement of women, Dalits, indigenous peoples (Adibasi, Janajati), Madhesi or farmers, workers, economically, socially or culturally backward classes or children, the aged and the disabled or those who are physically or mentally incapacitated.
Provided that nothing shall be deemed to prevent the making of laws to impose reasonable restrictions on any act which may undermine the sovereignty and integrity of Nepal, or which may jeopardize the harmonious relations subsisting among the peoples of various castes, tribes or communities, or on any act of treason, defamation, contempt of court or incitement to an offence, or on any act which may be contrary to public decency or morality.
Provided that this Clause shall not apply to any property acquired in an illicit manner.
The economically, socially or educationally backward women, Dalits, indigenous peoples, Madhesi communities, oppressed classes, poor farmers and labors shall have the right to take part in the structures of the State on the basis of the principle of 'proportional inclusion.
Provided that no person shall be entitled to convert another person from one religion to another; and that no act or action shall be done in such a manner as to jeopardize the religion of each other.
Explanation: For the purpose of this Clause, the expression "legal practitioner" shall mean any person who is authorized by law to represent any person in any court.
Provided that nothing in Clauses (2) and (3) shall apply to preventive detention and to a citizen of an enemy state.
Every citizen shall have the right to demand or receive information on any matter of his or her interest or of public interest.
Provided that nothing shall be deemed to compel any person to provide information on any matter of which secrecy is to be maintained by law.
Except as provided by law, the privacy of any person, his or her home, property, document, data, correspondence or matters relating to his or her character shall be inviolable.
Provided that nothing in this clause shall be deemed to prevent the making of law which require citizens to perform compulsory service for public purposes.
No citizen shall be exiled.
The right to proceed in the manner set forth in Article 107 for the enforcement of the rights conferred by this Part is guaranteed.
The State shall have the following obligations:
The term of office of the President shall be until the commencement of the constitution to be promulgated by the Constituent Assembly.
In order to become the President, a person must possess the following qualification:
The office of the President shall become vacant in any of the following circumstances:
Provided that, if the president has taken oath in his/her mother tongue spoken in Nepal, he/she shall sign and submit a copy in the official Nepali language and copy in any other Nepali mother tongue to the office of president.
The office of the Vice-president shall become vacant in any of the following circumstances:
Provided that, if the Vice-president has taken oath in his/her mother tongue spoken in Nepal, he/she shall sign and submit a copy in the official Nepali language and copy in any other Nepali mother tongue to the office of president.
The remuneration and other facilities of the President the Vice-president shall be as determined by an Act and as determined by the Government of Nepal until such Act is made.
Explanation: For the purposes of this Article, the expression "Minister" shall include a Minister of State holding an independent portfolio of a Ministry.
Notwithstanding anything contained in Articles 38 and 39, the Prime Minister may, on the basis of political understanding, appoint a person who is not a member of the Legislature-Parliament as Deputy Prime Minister, Minister, Minister of State or Assistant Minister.
The remuneration and other facilities of the Prime Minister, Deputy, Prime Minister, Minister, Minister of State and Assistant Minister shall be as determined by an Act, and until so determined, shall be as specified by the Government of Nepal.
The Prime Minister shall take an oath of office and secrecy before the President, and the Deputy Prime Minister, Minister, Minister of State and Assistant Minister shall take such oath before the Prime Minister.
After the formation of the Constituent Assembly, the exercise of the executive power, formulation of the Council of Ministers and other matters pertaining thereto shall be governed by the provisions contained in this Part mutatis mutandis.
Explanation: For the purposes of this Clause, the expression "petition" shall mean a document bearing the signature of the petitioner.
The President shall address the session of the Legislature-Parliament, and present thereat the annual policies and programs of the Government.
Save as otherwise provided in this Constitution, no question or resolution shall be presented for decision in any meeting of the Legislature-Parliament unless one-fourth of the total number of members are present.
Provided that he or she shall not have the right to vote.
Save as otherwise provided in this Constitution, any question put before for decision in any meeting of the Legislature-Parliament shall be decided by a majority of votes of the members present and voting. Ordinarily, the presiding member shall not have the right to vote.
Provided that, he or she may exercise the casting vote in the case of a tie.
Provided that, a no-confidence motion shall not be tabled against the same Prime Minister more than once within six months.
Explanation: For the purposes of Clauses (1), (2), (3) and (4), the expression "Legislature Parliament" shall include the Legislature-Parliament and any of its committees.
Provided that nothing in this Clause shall be deemed to prevent the arrest under any law of any member on a criminal charge. If any member is so arrested, the authority making such arrest shall forthwith give information thereof to the person presiding over the Legislature-Parliament.
Provided that if such person submits an apology to the satisfaction of the Legislature-Parliament, it may either pardon him or her or remit or commute the sentence imposed on him or her.
The Legislature-Parliament shall, subject to this Constitution, conduct its business on the basis of political understanding, and frame rules for maintaining order during its meetings and regulating the constitution, functions and procedures of the committees or any other matters. Until such Rules are framed, the Legislature-Parliament shall set its own Rules of procedure.
The Legislature-Parliament shall have committees and subcommittees in the required number as provided in its Rules.
Upon the expiration of the term of the Legislature-Parliament pursuant to this constitution, the Constituent Assembly shall exercise the powers of the Legislature-Parliament as referred to in this Constitution.
Provided that nothing in this Article shall be deemed to bar the expression of opinions about the conduct of a Judge during deliberations held on a motion of impeachment.
The remuneration and facilities of the Speaker, Deputy Speaker, members, and chairpersons of the committees of the Legislature-Parliament shall be as provided by law, and until so determined, shall be as determined by the Government of Nepal.
Unless dissolved earlier pursuant to a resolution passed by the Constituent Assembly, the term of the Constituent Assembly shall be Three years after the date on which the first meeting of the Constituent Assembly is held.
Provided that if the making of constitution cannot be completed by the reason of the proclamation of a State of emergency in the country, the Constituent Assembly may, by a resolution to that effect, extend its term for an additional period not exceeding six months.
In order for a person to become a member of the Constituent Assembly, such person must possess the following qualification:
Explanation: For the purpose of clause (d), the expression "office of profit" shall mean any position, other than a political position which is to be filled by election or nomination, for which a remuneration or economic benefit is paid out of a government fund.
If there arises a question as to whether a member of the Constituent Assembly is disqualified or has ceased to possess any of the qualifications set forth in Article 65, the final decision of such question shall be made by the Constituent Assembly Court.
The seat of a member of the Constituent Assembly shall become vacant in any of the following circumstances:
Explanation: The provision of Sub-clause (d) shall not apply to the Chairperson or Vice-chairperson of the Constituent Assembly.
Every member of the Constituent Assembly shall, before taking part for the first time in the meeting of the Constituent Assembly or any of its committees, take an oath as provided in law.
Save as otherwise provided in this Part, the quorum to constitute a meeting of the Constituent Assembly shall be at least the one-fourth of the total numbers; and no question or resolution shall be presented decision in any meeting of the Constituent Assembly unless it is attended by the quorum.
Provided that he or she shall not have the right to vote.
Save as otherwise provided in this Part, any question or resolution presented for decision by the Constituent Assembly shall be decided by a majority of votes of the members present and voting. ordinarily, the presiding person shall not have the right to vote.
Provided that he or she may exercise the casting vote in the case of a tie.
If a person sits or votes in a meeting of the Constituent Assembly or any of its committees without taking an oath pursuant to Article 68, or knowing that he or she is not qualified for membership in the Constituent Assembly, he or she shall, on order of the person presiding over the meeting, be liable to a fine of five thousand rupees for each instance of such presence or voting. If such person fails to pay the fine so imposed, such fine shall be recovered as government dues.
Explanation: For the purposes of Clauses (1), (2), (3) and (4), the expression "meeting of the Constituent Assembly" shall include the Constituent Assembly and any of its committees.
Provided that, nothing in this Clause shall be deemed to prevent the arrest under any law of any member on a criminal charge. If any member is so arrested, the authority making such arrest shall forthwith give information thereof to the person presiding over the Constituent Assembly.
Provided that, if such person submits an apology to the satisfaction of the Constituent Assembly, it may either pardon him or her or remit or commute the sentence imposed on him or her.
The Constituent Assembly shall, subject to this Constitution, frame Rules for conducting its business, maintaining order during its meetings and regulating the constitution, functions and procedures of the committees-or any other matters. Until such Rules are framed, the Constituent Assembly shall set its own Rules of procedure.
The Constituent Assembly shall have committees and subcommittees in the required number as provided in law. Support of experts may be availed, as required.
The remuneration and facilities of the Chairperson, Vice-chairperson, members, and chairpersons of the committees, of the Constituent Assembly shall be as provided by law, and until so provided, shall be as determined by the Government of Nepal.
The business of the Constituent Assembly shall end on the day of the commencement of the constitution passed by the Constituent Assembly.
Provided that, until the election to the legislature-parliament as set forth in the constitution passed by the Constituent Assembly is held, the business and proceedings of the legislature-parliament shall be as set forth in the constitution passed by that Assembly.
Explanation: For the purposes of this Part, the expression "House" shall mean the House of the Legislature-Parliament and "member" means any member of the Legislature-Parliament.
Provided that, any Bill shall not be deemed to be a Money Bill by the reason only that it provides for the levying of any charges and fees such as license fee, application fee, renewal fee or for the imposition of fines or penalty of imprisonment or for the levying of any taxes, charges or fees by any local authority.
Provided that, an advance notice of five days shall suffice in the case of a Government Bill.
The member introducing a Bill may, with the leave of the House, withdraw the Bill.
A Bill passed by the House shall become an Act after it is authenticated by the President.
Provided that, such Bill shall be authenticated by the Speaker until the President is elected and assumes his or her duties.
Provided that, every such Ordinance:
Except for the revenues of religious endowments (Guthi), all revenues received by the Government of Nepal, all loans raised on the security of revenues, all moneys received in repayment of any loans made under the authority of any Act and any other moneys received by the government of Nepal shall be credited to a Government Fund to be known as the Consolidated Fund.
Provided that the revenues of any religious endowments (Guthi) other than any private religious endowments (Guthi) shall be regulated by a law made thereon.
No expenditure shall be incurred out of the Consolidated Fund or any other Government Fund except the following:
Provided that, matters relating to the Contingency Fund shall be governed by Article 98.
The expenditures relating to the following matters shall be charged on the Consolidated Fund:
The moneys required to meet the expenditure to be provided for by any Appropriation Act shall be specified under appropriate heads in an Appropriation Bill.
Notwithstanding anything contained elsewhere in this Part, if owing to a local or national emergency due to either natural causes or a threat of external aggression or internal disturbances or other reasons, it' appears to be impractical or inexpedient in view of the security or interest of the State to specify the details required under Article 93, the Minister for Finance may lay before the Legislature-Parliament a Vote of Credit Bill giving only a statement of expenditures.
An Act may create a Fund to be known as the Contingency Fund into which shall be paid from time to time such moneys as may be determined by the Act. The Fund shall be under the control of the Government of Nepal. Any unforeseen expenditure may be met out of such Fund by the Government of Nepal. The amount of the expenditures so met shall be reimbursed as soon as possible by an Act.
Matters relating to the transfer of moneys appropriated by the Act from one head to another and other financial procedures shall be governed by an Act.
Provided that no court, judicial body or tribunal shall be constituted for the purpose of trying and disposing any particular case.
Provided that, the Chief Justice or the Judge being so charged shall not be deprived of an opportunity to defend him/herself.
Provided that the Government of Nepal may, in consultation with the Judicial Council, depute the Chief Justice or any Judge of the Supreme Court to work concerning judicial inquiry, or to legal or judicial investigation or research, or to any other work of national concern, for a specified period.
Provided that, except on the ground of absence of jurisdiction, the Supreme Court shall not under this Clause interfere with any proceedings and decisions of the Legislature-Parliament concerning violation of its privileges and penalties imposed therefor.
The establishment and management of the Appellate Courts, District Courts and other courts and judicial bodies subordinate to the Supreme Court shall be determined by law subject to this Constitution.
A Judge of an Appellate Court or of a District Court who is facing a change pursuant to this Sub-clause shall be given a reasonable opportunity to defend himself or herself, and for this purpose, the Judicial Council may form a committee of inquiry for the purposes of recording the statements of the Judge, collecting evidence and submitting a report accompanied by its findings. The Rules of procedure of the committee shall be as determined by law.
Provided that, the Government of Nepal may, in consultation with the Judicial Council, depute any Judge of the Appellate Court and of the District Court to work concerning judicial inquiry, or to legal or judicial investigation or research, or to any other work of national concern, for a specified period. In the case of the Judges of the Appellate Courts or the District Courts, the Chief Justice may, in consultation with the Judicial Council, depute them to the aforesaid work, including work relating to elections.
If the Supreme Court is satisfied with the reason that there exists a situation where justice can be adversely affected if a case filed in a Court is tried by that Court, the Supreme Court may order such case to be tried by another Court of the same level.
The Chief Justice shall have the final responsibility to make effective the administration of justice of the country; and to that end, he or she may, subject to this Constitution and other laws, give necessary directives to the Supreme Court and subordinate Courts.
Explanation: For the purpose of this Part, the expression "Minister" shall include a Minister of State with independent portfolio.
Provided that, the Government of Nepal shall act shall act on the recommendation of the public service commission for the purpose of permanent recruitment to the gazetted posts of the Judicial Service from a persons who are not already in the Government Service or from person being promoted from non-gazatted to gazetted post within the judicial service.
It shall be the duty of the Government of Nepal and all offices or officials subordinate to it to act in aid of the Supreme Court and other Courts in carrying out the functions of dispensing justice.
Provided that, this Clause shall not apply to any official in relation to whom this Constitution itself separately provides for such action and to any official in relation to whom any other law provides for separate special provision.
Provided that, nothing in this Clause shall be deemed to be a bar to the appointment to any political position or to any position which has the responsibility of making investigations, inquiries or findings on any subject, or to any position which has the responsibility of submitting advice, opinion or recommendation after carrying out a study or research on any subject.
Explanation: For the purposes of this Article, all services or positions in the Government of Nepal, other than the services and positions of army officers or soldiers and of armed police and police personnel and such other services and positions as are excluded by an Act from the civil service or positions thereof, shall be deemed to be the civil service or positions thereof.
Explanation: For the purposes of this Article, the expression "public body" shall mean any corporate body of which the Government of Nepal owns or controls fifty percent or more of the shares or assets.
The Government of Nepal shall provide the Election Commission with such employees and other things as may be required to perform its functions in accordance with this Constitution.
Provided that the Chairperson or a Member of the National Human Rights Commission may be removed from his or her office on the same ground and in the same manner as has been set for the removal of a Judge of the Supreme Court.
Provided that nothing in this clause shall be deemed to be a bar to the appointment to any political position or to any position which has the responsibility of making investigations, inquiries or findings on any subject, or to any position which has the responsibility of submitting advice, opinions or recommendation after carrying out a study or research on any subject.
Provided that nothing shall bar the institution of, actions on any matters of the violations of human rights or humanitarian laws.
The Attorney General shall have the right to appear and express his or her opinion on any legal question in any meeting of the Legislature-Parliament, the Constituent Assembly or any of their committees.
Provided that, he or she shall not have the right to vote.
Explanation: For the purpose of this clause, the expression "political parties which are actively involved at the local level" shall mean the political parties which have representation in the Constituent Assembly and filed candidacy in the concerned district under the first-past-the-post electoral system in the election, to that Assembly.
Provided that, this provision shall not apply to the parties represented in the Interim Legislature-Parliament.
Provided that clauses (1) and (2) of Article 12 and Sub-clauses (c) and (d) of Clause (3), Articles 13 and 14, Clauses (2) and (3) of Article 15, Articles 16, 17, 18, 20, 21, 22, 23, 24, 26, 29, 30 and 31 and the right to constitutional remedy in relation to such Articles pursuant to Article 32 and the right to the remedy of habeas corpus shall not be suspended.
Provided that, where there is representation of less than three political parties in the Council of Ministers, nothing shall be deemed to bar the making of designation in such a manner as to have representation of less than three political parties.
The Council of Ministers shall form a special committee for the supervision, adjustment and rehabilitation of the Maoist army combatants, in such a manner as to consist of representation of major political parties represented in the Constituent Assembly and the functions, duties and powers of such committee shall be as determined by the Council of Ministers.
Other provisions on the management and monitoring of the arms and armies shall be as mentioned in the Comprehensive Peace Accord and the Agreement on Monitoring of the Management of Arms and Armies concluded between the Government of Nepal and CPN (Maoist) on 5 Mangsir 2063 (21 November 2006) and 22 Mangsir 2063 (8 December 2006), respectively.
Provided that, where there is representation of less than three political parties in the Council of Ministers, nothing shall be deemed to bar the making of designation in such a manner as to have representation of less than three political parties.
The President may, on the recommendation of the Council of Ministers, appoint the Nepalese ambassadors, and special emissaries for any specific purposes.
The President may, on the recommendation of the Council of Ministers, grant pardons and suspend, commute or remit any sentence passed by any court, special court, and military court or by any other judicial quasi-judicial or administrative authority or body.
The Government of Nepal may, in order to run the Administration of the country, constitute the Civil Service and such other government services as may be required. The constitution, operation and conditions of service thereof shall be as determined by an Act.
The Government of Nepal may constitute such commissions as may be required for the protection and promotion of the rights and interests of various sectors Including women, Dalit, indigenous peoples, Madhesi, disabled, labours or farmers. The provisions relating to the formation, functions, duties and powers of such commissions shall be as determined by law.
Provided that, out of the treaties or agreements referred to in Sub- clauses (a) and (d), if any treaty or agreement is of an ordinary nature, which does not affect the nation extensively, seriously or in the long term, the ratification of, accession to, acceptance of, or approval of, such treaty or agreement may be made by a simple majority of the members present in a meeting of the Legislature-Parliament.
If any difficulty arises in connection with the implementation of this Constitution, the President may on the recommendation of the Council of Ministers,126 issue any orders to remove such difficulty; and such orders shall have to be ratified by the Legislature Parliament within one month.
Provided that, any law which is inconsistent with this Constitution shall ipso facto be invalid to the extent of such inconsistency, after three months of the commencement of this Constitution.
The Constitution of the Kingdom of Nepal, 2047(1990) is, hereby, repealed.
The lines HI, RS, FE, ED, JG, OQ, JK and UV are imaginary. Similarly, the external and internal circles of the sun and the other arcs except the crescent moon are also imaginary. These are not shown on the flag.
I (full name of the President/Vice-president) solemnly promise/swear in the name of God that I will bear true faith and allegiance to the country and people, that I will bear true faith and allegiance to the Interim Constitution of Nepal, 2063 (2007) vesting the sovereignty and state authority of Nepal in the people of Nepal, 130that I will faithfully discharge the duties of the office of President/Vice-president, subject to the prevailing laws, doing right to the country and people, without fear, favor, affection or ill will, and that I will not in any manner communicate or reveal any matter which shall become known to me in the course of discharging my duties, irrespective of whether I hold or cease to hold the office, except as may be required in the observance of law.
Deleted by the Fifth Amendment.
After the commencement of the management and monitoring of arms pursuant to the Comprehensive Peace Accord and the agreement on Monitoring of the Management of Arms and Armies concluded between the Government of Nepal and CPN (Maoists) on 5 Mangsir 2063 (21 November 2006) and 22 Mangsir 2063 (8 December 2006), respectively, this Constitution shall be promulgated by the House of Representatives and ratified by the Interim Legislature-Parliament
Respecting the people's mandate expressed in favour of democracy, peace and progression through the historical struggles and people's movements launched by the people of Nepal at various times since before 2007 (1951) till now;
Reaffirming the full commitment to the Twelve-point Understanding, Eight-point Agreement and Twenty-five-point Code of Conduct concluded between the Seven Political Parties and CPN (Maoist), Decisions of the Meeting of Top Leaders of Seven Political Parties and CPN (Maoist) held on 22 Kartik 2063 (8 November 2006) including all agreements, understandings and codes of conduct entered into between the Government of Nepal and CPN (Maoist) and the letter carrying similar perceptions sent to the United Nations;
Pledging to accomplish the progressive restructuring of the State in order to solve the existing problems of the country relating to class, caste, region and gender;
Reiterating the full commitment to competitive multi-party democratic system of governance, civil liberties, fundamental rights, human rights, full freedom of press, and concept of rule of law including democratic values and norms;
Remaining committed to the Universal Declaration of Human Rights, 1948, international humanitarian laws and basic principles and values relating to human rights;
Guaranteeing the basic right of the people of Nepal to take part in the election to the Constituent Assembly in a free, fair and fearless environment;
Putting democracy, peace, prosperity, progressive socioeconomic transformation and independence, integrity, sovereignty and prestige of the country in the center;
Expressing resolution to hold election to the Constituent Assembly in a free and fair manner no later than the month of Jestha of the year 2064 (14 June 2007);
Declaring the beginning of a new chapter of peaceful collaboration by ending, on the basis of political understanding reached between both parties, the armed conflict which has taken place in the country since 2052 (1996), in order to accomplish, through the Constituent Assembly, the guarantee of sovereignty of the People of Nepal, progressive political outlet, democratic restructuring of the State and social-economic-cultural transformation;
This Comprehensive Peace Accord has been concluded between the Government of Nepal and CPN (Maoist) with a commitment to transform the ceasefire reached between the Government of Nepal and CPN (Maoist) into sustainable peace.
Unless the subject or the context otherwise requires, in this Agreement,
Provided that this definition shall not affect the legal provisions existed prior to the promulgation of the Interim Constitution, 2063 (2007).
Both parties agree to adopt the following policies and programs for the political, economic and social transformation and to positively manage the conflicts existing in the country:
With a view to holding the election to the Constituent Assembly in a peaceful, fair and free of fear environment and democratizing and restructuring the Army, to carry out the following acts in consonance with the Twelve-point Understanding, Eight-point Agreement, Twenty five- point Code of Conduct concluded in the past, the Five-point Letter sent to the United Nations, and the Decisions of the Meeting of Top Leaders held on 22nd Kartik (8 November):
The main cantonments shall be placed in following locations:
Three satellite cantonments shall be placed in the periphery of each of these main cantonments.
Remaining committed to the Universal Declaration of Human rights, 1948, international humanitarian law and basic principles and values relating to human rights, both parties express their consent to the following matters:
Both parties agree to make the following arrangements for the implementation and monitoring of the agreements mentioned in this Agreement:
Sd. Prachnda Chairman Communist Party of Nepal (Maoist)
Sd. Girija Prasad Koirala Prime Minister Government of Nepal
Date of signature: 2063.8.5 (21 November 2006)
In keeping with the letters to the United Nations (UN) Secretary-General of 9 August and the Comprehensive Peace Accord of 21 November 2006;
Guaranteeing the fundamental right of the Nepali people to take part in the constituent assembly elections in a free and fair environment without fear;
Declaring the beginning of a new chapter of peaceful democratic interaction by ending the armed conflict taking place in the country since 1996, based on the Comprehensive Peace Accord between the two parties in order to accomplish, through the constituent assembly, certainty of sovereignty of the Nepali people, progressive political outlet, democratic restructuring of the state, and social- economic-cultural transformation; and,
Affirming the will to fully observe the terms of this bilateral agreement witnessed by the United Nations:
The parties agree to seek UN assistance in monitoring the management of the arms and armies of both sides by the deployment of qualified UN civilian personnel to monitor, according to international norms, the confinement of Maoist army combatants and their weapons within designated cantonment areas and monitor the Nepal Army (NA) to ensure that it remains in its barracks and its weapons are not used against any side.
Neither of the parties shall engage in movement or redeployment of forces resulting in. tactical or strategic advantage.
Any claims or reports of violations of this agreement will be reported to UN monitors, substantiated or not substantiated, and subsequently reported to the parties through the appropriate representative of the UN Mission in Nepal.
The security forces deployed by the interim government shall have authority to conduct routine patrol, explore in order to prevent illegal trafficking of the weapons, explosives or raw materials used in assembling weapons at the international border or custom points and seize them.
Both parties agree to allow the United Nations, international donor agencies and diplomatic mission based in Nepal, national and international non-governmental organizations, press, human rights activists, election observers and foreign tourists to travel unrestricted according to law in the state of Nepal. The parties will ensure the safety, security freedom of movement and well-being of UN Mission and associated personnel, goods and services in all parts of Nepal.
The parties shall immediately take all necessary measures to cooperate with efforts aimed at controlling illicit trafficking of arms and the infiltration of armed groups.
Both parties fully agree to not include or use children who are 18 years old and under in the armed forces. Children thus affected would be immediately rescued and necessary and appropriate assistance will be provided for their rehabilitation.
The following definitions are accepted:
The parties shall promote awareness of this agreement, and adherence to its provisions, among their commanders, members and affiliated groups.
The parties, Government of Nepal, Nepal Army (NA), CPN (M) and the Maoist army, shall design, in cooperation with the UN Mission, an awareness programme to ensure that local communities and the parties’ commanders, members and affiliated groups understand the mandate of the UN Mission and all of the obligations of the parties spelled out in this agreement. The information programmes shall include the use of meetings and print and electronic media in local languages.
This agreement shall come into force upon signing. Thereafter it shall be implemented in phases, as follows:
A full and practical timeline will be established by the parties for all of these activities to take place in consultation with the UN.
The parties will report detailed information about their troops and this information will be treated with appropriate confidentiality by the United Nations. The parties will provide maps and sketches showing current dispositions, including:
The UN Mission shall check this information immediately after monitors are deployed.
Comprehensive plans, timelines and routes for the redeployment and concentration of forces will be provided by both the NA and Maoist army to the UN Mission.
The redeployment and concentration of all combatants in Nepal --with the NA in barracks and the Maoist army moving in to cantonment sites --shall be carried out in consultation with the UN. The redeployment and cantonment of forces will be monitored by UN the monitors after they are deployed.
Both sides express an understanding to create a record of government, public and private buildings, land and other properties and return them immediately.
The parties will withdraw all military and paramilitary, checkpoints (unless explicitly permitted in this agreement) to promote and guarantee free movement and create an environment free of fear and intimidation.
The Nepal Police and Armed Police Force shall continue the task of maintaining law and order and conduct criminal investigations as per the spirit and sentiment of the Jana Andolan and peace accord as well as the prevailing law. Both parties agree not to operate parallel or other forms of mechanism in any areas of the state or state machinery as per the spirit of the decisions of November 8, 2006 and the essence of the peace accord. All sides agree to let employees of Nepal Government and public agencies travel freely to any part of the country, to fulfill their duties and not to create any obstacle or obstruction while executing their work or not to let obstructions to arise and to facilitate their work.
In accordance with the commitment expressed in the letter sent to the United Nations, Maoist army combatants and their weapons shall be confined within designated cantonment areas. The cantonment shall be based on comprehensive planning and preparation before implementation. After the Maoist army combatants stay in the temporary cantonments, the Government of Nepal will provide food supplies and other necessary arrangements. When implemented, the comprehensive concept shall ensure good communications and proper logistics. UN monitors will have access to any and all cantonment sites for purposes of monitoring.
The normal Maoist army chain of command, control, communication and information will be utilized to control the Maoist army cantonment, using the normal Maoist army structure in administration of the sites.
There will be seven main cantonment sites and 21 satellite cantonment sites of three per main cantonment site. The satellite sites will be clustered no more than two hours driving distance from the main sites unless otherwise agreed by the parties.
The designated seven main sites will be under command, control, communication and information of the Maoist army site commander and the satellite sites by the designated satellite commanders. The site commanders shall provide the following information in detail for each site to the UN Mission:
Site commander’s responsibilities include:
The parties agree upon the safe storage of all Maoist army weapons and ammunition, in the seven main cantonment areas under UN monitoring, except as provided below for perimeter security purposes. Both sides shall assist each other to mark landmines and booby-traps used during the time of armed conflict by providing necessary information within 30 days and to defuse and remove/lift and destroy them within 60 days. All improvised explosive devices will be collected at designated sites a safe distance from the main cantonment areas. These sites shall be agreed by the parties to consultation with the UN Mission. Unsuitable devices will be destroyed immediately. Stable devices will be stored safely and under 24-hor armed guard provided for by the guard agreements cited below. The parties, in consultation with the UN, will determine a timeline a process for the later destruction of all improvised explosive devices. To ensure the safety of both monitors and Maoist army personnel, no improvised explosive devices or crude bombs will be brought inside the cantonment sites.
In the main cantonment sites the weapons and ammunition storage area will be secured by the following system:
Each main cantonment site will be allowed 30 weapons of the same make and model to be used only for clearly defined perimeter security by designated guards, with each satellite allowed 15 such weapons under the same conditions. These weapons will all be properly registered with make and serial number and locked in a guardhouse when not in use. The parties, in consultation with the UN, will periodically review the number of weapons needed for perimeter security purposes on the basis of a shared threat assessment.
Security provisions will be made for CPN (M) leaders through understanding with the government.
The UN Mission shall monitor these commitments with a full-time presence at the Maoist army main cantonment sites and through field visits and regular inspections. These inspections will be carried out randomly and without warning.
All Maoist army combatants will registered at the main cantonment sites. This registration will include the provision of age, name, rank, responsibilities within unit/formation, date of entry into service and will provide the basis for a complete list of personnel. Maoist combatants will be registered regardless if they are in condition of weapon will be specified. The total number of weapons will be categorized by unit/formation. Only those individuals who were members of the Maoist army before 25 May 2006 will eligible for cantonment. The parties will agree as to how this pre-existing service is to be confirmed in consultation with the UN.
As part of this registration, all Maoist army combatants will present their Maoist army identity card to be marked by the UN. The process for marking the cards will be assistance received by Maoist army members. Unregistered persons will not be eligible for assistance or permitted to remain in cantonments.
Only those Maoist army combatants who have been properly registered at cantonment sites will be eligible for possible integration into the security forces fulfilling the standard norms. Any discharged personnel will be ineligible for possible integration. Those who are eligible for integration into the security forces will be determined by a special committee as agreed in the Comprehensive Peace Accord. This integration process will be determined in subsequent agreement with the parties.
Upon registration Maoist army combatants, if found to be born after 25 May 1988, will be honorably and automatically discharged.
Discharged Maoist army combatants must; release all weapons, uniforms and other military gear; and agree not to return to cantonment sites unless mutually agreed by UN monitors in consultation with the parties. The assistance packages to be provided to voluntarily discharged personnel will be agreed by the parties in advance of cantonment.
The Interim Council of Ministers will form a special committee to supervise, integrate and rehabilitate the Maoist army combatants.
In accordance with the commitment expressed in the letter sent to the United Nations, the Nepal Army shall remain in its barracks and its arms are not to be used in favour of or against any side. UN monitors will have access to any and all NA barracks for purposes of monitoring whether Nepal Army forces or weapons are being used for or against any party. Upon visiting any Nepal Army barracks for inspection, the site commander will be duly notified, and UN inspections will relate only to matters regarding the disposition of forces and weapons.
The Council of Ministers will control, mobilize and manage the Nepal Army as per the Army Act of 2006 (Sainik Ain 2063) or its successor legislation. The Interim Council of Ministers to prepare and implement the detailed action plan of the Nepal Army’s democratization by taking suggestions from the concerned committee of the Interim Parliament/legislature. Under this to carry out activities like assessing the appropriate number of the Nepal Army, to train the army in democratic and human rights values while developing democratic structure, national and inclusive character.
The normal NA chain of command, control, communication and information will be utilized to monitor the NA deployment to barracks. The commanders shall provide the following information in detail to the UN Mission:
The NA will ensure the safety, security, freedom of movement and well-being of UN Mission and associated personnel, goods and services, and provide information in cooperation with the UN Mission according to Section 2.
The UN Mission shall monitor these commitments through daily presence in selected NA barracks, field visits and regular inspections.
The Nepal Army will remain within the barracks as per the commitment expressed in the letter sent to the UN to ensure that their arms are not used for or against any party. The Nepal Army to store arms in equal numbers to that of the Maoist army, to seal it with a single-lock and give the key to the concerned party. In the process of installing the lock, to assemble a mechanism including a siren and register for the monitoring by the UN. While carrying out the necessary examination of the stored arms, the UN will do so under the presence of a Nepal Army representative. The barrack/barracks where NA arms will be monitored under the conditions spelled out in section 4.1.2 will be identified and agreed by the parties. The arms will be stored in storage containers.
In accordance with the spirit of the Comprehensive Peace Accord, continuity will be given to functions of the Nepal Army including border security, security of the conservation areas, protected areas, banks, airports, power houses, telephone towers, central secretariat and security of VIPs. A detailed list of these institutions and installations will be kept by the Secretary Ministry Defence, along with the number and types of forces assigned to such duties. The list of such institutions and installations will be kept by the NA under seal, and this list will be made available to UN monitors when they deem necessary on a case-by-case basis.
Permitted NA activities are as follows:
For all of the above activities the rules regarding notification of troop, air movements and exercises spelled out in section 5.2 apply
In the spirit of the Comprehensive Peace Accord, and in light of this agreement, after the placement of the Nepal Army in the barracks and the Maoist Army combatants in cantonment, the parties shall scrupulously refrain from the following activities:
The parties shall also refrain from all activities that are prohibited elsewhere in this agreement.
The key principle that shall underpin permitted activities for both sides shall be to alleviate the effects of the armed conflict on civilians and the war-affected areas and to galvanise popular support for peace. Permitted activities for both sides will be conducted as per the decisions of the interim government. Troop, air movements and exercises have to be properly notified and approved by the Joint Monitoring Coordination Committee at least 48-hours in advance.
Permitted activities include:
The following acts shall constitute violations of the agreement:
Monitoring of compliance with this agreement will be carried out:
The UN Mission will submit reports to the parties on compliance with this agreement. It will do so either directly or through the JMCC.
The nine-member Joint Monitoring Coordination Committee (JMCC) will have a chairman appointed by the UN Mission. There will be two Vice-Chairmen, one each from the Maoist Army and the NA. The remaining six members will be two UN, two NA and two Maoist army, all as selected by the parties respectively.
The JMCC shall reach its decisions by consensus. In the event of a deadlock, the representative of the UN Secretary-General shall have final authority for reporting on the compliance of the parties with this agreement to the Secretary-General and to the interim government for resolution. The Chairman shall report regularly to the representative of the Secretary-General and to the designated representatives of the parties regarding the activities of the JMCC.
The JMCC shall serve three main functions:
In order to achieve these goals, the JMCC shall operate according to the following basic principles:
The Joint Monitoring Teams (JMTs) will assist the Joint Monitoring Coordination Committee at the local level and through site visits. The JMTs will comprise one international monitor as the team leader and one monitor from Nepal Army and one monitor from the Maoist Army. The number of JMTs and their deployment will be determined by the Chairman of the JMCC in consultations with that body.
The tasks of the JMTs will include:
Joint Monitoring Teams will not be used for designated weapons storage inspections.
This agreement can be revised at any time with the consent of both parties. Both parties agree to provide to each other prior written information if they wish to make any change. The amendments can be made to the agreement with the consent of both parties after receiving the information. The provisions to be made by such an amendment will not fall below the minimum standards of accepted international human rights and humanitarian laws.
Both parties consent to sign any complementary understandings, as necessary, for the implementation of the present agreement.
This agreement will be signed by both parties in Nepali and English. The United Nations will witness the English language version of this agreement and, accordingly, the English-language version of this agreement will be considered as authoritative in matters of dispute.
The spirit of the Comprehensive Peace Accord shall guide the interpretation and implementation of this agreement by all the parties.
This agreement shall come into force upon signature, and it supersedes the agreement of the same name done on the 28th day of November 2006 (12 Mangsir 2063 BS).