NEPAL: Nepal’s civil society must act now 

A Statement by the National Committee for Overseeing the Implementation of the 12 Point Agreement

The twelve-point agreement of November 22, 2005 between the Seven Parties Alliance (SPA) and the Communist Party of Nepal ­Maoist (CPN-M) is a concrete road map for resolving the raging armed conflict in Nepal. The agreement created a nation wide wave and led to the success of the joint campaign for boycott of the February 2006 municipal polls defeating the King Gyanendra’s attempt to hoodwink the international community and divide the people of Nepal. The 12 Point Agreement has also received widespread international support except from the USA and some its allies.

Clearly the 12 Point Agreement has brought Nepal’s constitutionalists and the protagonists of revolutionary change in Nepal closer. It incorporates concrete confidence building measures (CBMs) like the CPN-M’s commitment to self criticism for its past mistakes and a promise not to repeat them in future and the pledge by the SPA to introspect on their past mistakes and take steps so that such mistakes are not repeated in future. CPN-M leadership has also expressed “firm commitment to acceptance of competitive multiparty system, fundamental rights of the people, human rights, and rule of law and democratic principles and values and to act accordingly”. The leadership of the SPA have called on the people of Nepal to join in the peaceful struggle against the autocratic monarchy and to create a climate to bring the Maoists into a democratic and political process. If this happens, surely it will set an example before the entire world.

The Agreement has also narrowed down the differences between the SPA and CPN-M to only one issue ­ whether the “interim government” should be formed by a “restored Parliament” or it should formed by a “national conference of democratic forces”. The SPA and CPN-M have agreed to “continue dialogue on this procedural issue and reach a common agreement”.

This Agreement has achieved what the National Human Rights Commission had attempted to do through the proposed Human Rights Agreement earlier. The 12 Point Agreement emphasizes on protection of human rights of ordinary citizens during he joint movement. The withdrawal of the nation wide “general strike” and the declaration of a ceasefire in Kathmandu during the three-day “Mass Moment” (April 6-8, 2006) by the CPN-M shows the seriousness of this commitment. The following points of the 12 Point Agreement is illustrative of the commitment to uphold Human Rights:

Point No. 4. “CPN-M has expressed firm commitment to acceptance of competitive multiparty system, fundamental rights of the people, human rights, and rule of law and democratic principles and values and to act accordingly”.

Point No. 5. CPN-M has agreed to create conducive atmosphere to allow all leaders and cadres affiliated to other democratic forces and common people, who were displaced from home during the conflict, to return to their respective places with full respect. The Maoists have also agreed to return the houses and physical properties of people and party cadres seized unjustifiably. People will be allowed to take part in political activities without any hindrance.

Point No. 8. During the peace process human rights principles and freedom of press will be fully respected.

Point No. 12. The parties and Maoists have also agreed to probe into past incidents and take action against the guilty. In future, if any problem occurs among political parties, the concerned high-level leaders shall discuss and settle the issues amicably through dialogue. This the moment of history has arrived for Nepal. The road map is here. Confidence building measures have been agreed upon. This has been prepared by the Nepali political parties and Maoists together. The ingenuity of the Nepali people has succeeded where all well meaning international agencies, foreign governments and the conflict resolution experts failed.

While the Nepali people should celebrate this achievement, they must also be cautious as there are many powerful forces, which are already working overtime to wreck this agreement. There are hidden “royalists” and weak persons amongst the leadership of the SPA. There are many “hardliners” and trigger-happy activists within the folds of the CPN-M and its various front organisations. Whether for the “faith” or for pecuniary benefit, these spoilers are capable of once again derailing the peace process as they have done in the past.

Resisting pressure of the USA and other international agencies, the leaders of the even Party Alliance have renewed their commitment to the 12 Point Programme in March 2006. Through the second Memorandum of Understanding the Nepali political parties have expressed their resolve to hold fast to this agreement. Mr. G. P. Koirala in his interview to Kathmandu post (April 2, 2006) has correctly pointed out the contradictions in the international community’s position when he said “on one hand they say that there is no military solution to the crisis. On the other hand they are scared when we engage with the Maoists for a peaceful solution”.

It is time for Nepal’s civil and political society to come together and defend the historic 12 Point Agreement. They must work hand in hand to ensure that the 12 Point Agreement is implemented in words and in spirit. The Nepali civil society must come forward and take back the leadership of the peace initiative from the well-meaning foreign experts. They must step forward to facilitate the SPA and the CPN- Maoists to resolve the only point of difference that remains between them.

Independent political and social thinkers, lawyers teachers, doctors businesspeople and other professional classes of Nepal should form a National Committee for “overseeing the Implementation” of the12 Point Agreement. The committee should also invite participation of members of the SPA and representatives of the CPN-M. The mandate of this independent initiative is inherent in the 12 Point Agreement. Point 11 of the agreement says,

“We also appeal to all people, civil society members, professional communities, various sister organizations, journalists and intellectuals to participate actively in the people’s peaceful movement launched under the common agreement based on democracy, peace, prosperity, social transformation, and the nation’s sovereignty”.

The primary task of the committee will be to oversee the (1) the smooth functioning of the agreement, (2) to encourage the two sides to come closer and work together in the “people’s movement”, (3) assist the two sides in resolving any conflict that may arise in the process of working together in the spirit of the 12 point Agreement, (4) make the common people aware of the significance of the 12 Point Agreement and the hope it represents for the Nepali people and finally (5) to resist all international pressure against this historic initiative for peace.

In due course of time, the National Committee should create district level committees with the same mandate. However, it should be noted that the success of this initiative depends on joint ownership of this initiative by civil society and political parties. This joint civil-political initiative will also demonstrate to the world that the people of Nepal know what they want.

All quotations are from
http://Kantipuronline.com/kolnews.php?&nid+57919
(November 23, 2005) and Kathmandu Post

April 2, 2006

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Document Type : Forwarded Statement
Document ID : FS-003-2006
Countries : Nepal,