Comprehensive Agreement concluded between the Government of Nepal and the Communist Party of Nepal (Maoist)

Country/entity
Nepal
Region
Asia and Pacific
Agreement name
Comprehensive Agreement concluded between the Government of Nepal and the Communist Party of Nepal (Maoist)
Date
21/11/2006
Agreement status
Multiparty signed/agreed
Agreement/conflict level
Intrastate/intrastate conflict (Nepalese Insurgency (1996 - 2006)
Inspired by the Maoist insurgency in Peru in the early 1990s, the Communist Party of Nepal (Maoist) – CPN(M) – declared war on the Nepalese government in February 1996. A key demand was the transformation of Nepal from a monarchy into a ‘People’s Republic’. Following a pronounced Maoist military strategy, the CPN(M) focused their insurgency on the rural areas. They gained significantly in strength and it took heavy international military support to stabilize the Nepalese government in 2002. After public protests escalated in Kathmandu in 2004, the Nepalese King Gyanendra took authoritarian control over the government. In the cities, a strong popular movement for democracy emerged, forcing the government into fast progressing peace negations in 2006 that concluded with the signing of a Comprehensive Peace Accord on 21 November 2006.
Nepalese Insurgency (1996 - 2006) )
Stage
Framework/substantive - comprehensive (Agreement)
Conflict nature
Government
Peace process
88: Nepal peace process
Parties
Prachanda, President, Communist Party of Nepal (Maoist)
Girija Prasad Koirala, Prime Minister, Government of Nepal
Signed on November 21, 2006
Third parties
Description
A comprehensive peace agreement between the CPN and the Government of Nepal. The agreement covers a range of issues including Political, economic and social transformation and conflict management, human rights, provision for a ceasefire, management of the military forces, and implementation of the agreement.

Agreement document
NP_061122_Comprehensive Peace Agreement between the Government and the CPN (Maoist).pdf

Main category
Page 1, Preamble: ...Expressing determination to carry out a progressive restructuring of the state to resolve existing class-based, ethnic, regional and gender problems,...

Page 4, 3, Political - Economic - Social Transformation and Conflict Management, 3.5: To carry out an inclusive, democratic and progressive restructuring of the state by ending the current centralized and unitary form of the state in order to address the problems related to women, Dalit, indigenous people, Janajatis, Madheshi, oppressed, neglected and minority communities and backward regions by ending discrimination based on class, caste, language, gender, culture, religion, and region.

Page 9, 7, Human Rights, Fundamental Rights and Adherence to Humanitarian Law, 7.1, Human Rights, 7.1.1: Both sides reconfirm their commitment to the respect and protection to human rights and commitment to international humanitarian law and accept that nobody should be discriminated on the basis of color, gender, language, religion, age, race, national or social origin, wealth, disability, birth or other standing, ideology or faith.

Page 11, 7, Human Rights, Fundamental Rights and Adherence to Humanitarian Law, 7.6, Women and Child Rights, 7.6.1: Both parties fully agree to provide special protection to the rights of women and children, to immediately stop all types of violence against women and children, including child labor, as well as sexual exp loitation and abuse, and not to include or use children who are 18 years old and below in the armed force. Children thus affected would be immediately rescued and necessary and appropriate assistance will be provided for their rehabilitation.

Women, girls and gender

Participation
No specific mention.
Equality
Equality (general)
Page 4, 3, Political - Economic - Social Transformation and Conflict Management, 3.5: To carry out an inclusive, democratic and progressive restructuring of the state by ending the current centralized and unitary form of the state in order to address the problems related to women, Dalit, indigenous people, Janajatis, Madheshi, oppressed, neglected and minority communities and backward regions by ending discrimination based on class, caste, language, gender, culture, religion, and region.

Page 9, 7, Human Rights, Fundamental Rights and Adherence to Humanitarian Law, 7.1, Human Rights, 7.1.1: Both sides reconfirm their commitment to the respect and protection to human rights and commitment to international humanitarian law and accept that nobody should be discriminated on the basis of color, gender, language, religion, age, race, national or social origin, wealth, disability, birth or other standing, ideology or faith.
Social equality
Page 1, Preamble: ...Expressing determination to carry out a progressive restructuring of the state to resolve existing class-based, ethnic, regional and gender problems,...
Particular groups of women
No specific mention.
International law
General IHRL, IHL and IL
Page 9, 7, Human Rights, Fundamental Rights and Adherence to Humanitarian Law, 7.1, Human Rights, 7.1.1
Both sides reconfirm their commitment to the respect and protection to human rights and commitment to international humanitarian law and accept that nobody should be discriminated on the basis of color, gender, language, religion, age, race, national or social origin, wealth, disability, birth or other standing, ideology or faith.

Page 11, 7, Human Rights, Fundamental Rights and Adherence to Humanitarian Law, 7.6, Women and Child Rights, 7.6.1
Both parties fully agree to provide special protection to the rights of women and children, to immediately stop all types of violence against women and children, including child labor, as well as sexual exploitation and abuse, and not to include or use children who are 18 years old and below in the armed force. Children thus affected would be immediately rescued and necessary and appropriate assistance will be provided for their rehabilitation.
New institutions
No specific mention.
Violence against women
Sexual violence
Page 11, 7, Human Rights, Fundamental Rights and Adherence to Humanitarian Law, 7.6, Women and Child Rights, 7.6.1:
Both parties fully agree to provide special protection to the rights of women and children, to immediately stop all types of violence against women and children, including child labor, as well as sexual exploitation and abuse, and not to include or use children who are 18 years old and below in the armed force. Children thus affected would be immediately rescued and necessary and appropriate assistance will be provided for their rehabilitation.
Gender-based violence/VAW (general)
Page 11, 7, Human Rights, Fundamental Rights and Adherence to Humanitarian Law, 7.6, Women and Child Rights, 7.6.1:
Both parties fully agree to provide special protection to the rights of women and children, to immediately stop all types of violence against women and children, including child labor, as well as sexual exploitation and abuse, and not to include or use children who are 18 years old and below in the armed force. Children thus affected would be immediately rescued and necessary and appropriate assistance will be provided for their rehabilitation.
Transitional justice
No specific mention.
Institutional reform
No specific mention.
Development
Rehabilitation and reconstruction
Page 1, Preamble: ...Expressing determination to carry out a progressive restructuring of the state to resolve existing class-based, ethnic, regional and gender problems,...

Page 4, 3, Political - Economic - Social Transformation and Conflict Management, 3.5: To carry out an inclusive, democratic and progressive restructuring of the state by ending the current centralized and unitary form of the state in order to address the problems related to women, Dalit, indigenous people, Janajatis, Madheshi, oppressed, neglected and minority communities and backward regions by ending discrimination based on class, caste, language, gender, culture, religion, and region.
Implementation
No specific mention.
Other
No specific mention.

The University of Edinburgh