Thursday, November 30, 2006

National Anthem



राष्ट्रिय गान

सयौं थूंगा फूलका हामी, एउटै माला नेपाली
सार्वभौम भइ फैलिएका, मेची-महाकाली ।

प्रकृतिका कोटी-कोटी सम्पदाको आंचल
वीरहरुका रगतले, स्वतन्त्र र अटल

ज्ञानभूमि, शान्तिभूमि तराई, पहाड, हिमाल
अखण्ड यो प्यारो हाम्रो मातृभूमि नेपाल ।

बहुल जाति, भाषा, धर्म, संस्कृति छन् विशाल
अग्रगामी राष्ट्र हाम्रो, जय जय नेपाल ।



New proposed national anthem to be sent to the cabinet for endorsement, Rai is the lucky writer NepalNews
Poet Byakul Maila's song selected as Nepal's new National Anthem Kantipur

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In The News

Indian authorities free Maoist leaders Baidya, Gajurel NepalNews
Protect the rights of the journalists: experts
Ceasefire monitoring committee dissolved
Martin calls for prompt and effective response of UNSC to Nepal
Nepal 's Future Socio-economic Agenda
Prachanda’s Southern Sojourn
Over 40 injured in NSU-ANNISR (R) clash at Public Youth Campus
SC issues show-cause notice over airfare hike
New national anthem ready
Negotiators to continue with consultations over interim constitution
Petition filed against Citizenship Act Advocate Amita Shrestha has filed the writ petition stating that the act is against the 1990 Constitution. .... argued in her writ that the Act does not have the power to rescind Article 8, 9 and 10 of the Constitution. .... The petitioner has asked the apex court to revoke the Citizenship Act 2006 claiming that it has been introduced with malafide intention.
Government defends appointment of Katawal
Bista's party merges into RJP
80pc Maoist MPs will be from indigenous communities: Prachanda the Broad Democratic Republican Front ..... the “upper-caste people are rather artificial and this does not help in building New Nepal” ...... already finalised the list of the party’s representatives. ...... Prachanda said he would like to be known by his nom de guerre ‘Prachanda’, as his real name Puspa Kamal Dahal is evocative of bahunbad (Brahminism). ...... turn the oppressed class into a ruling class ...... “Republicanism is the identity of the Maoists. Autonomous regions will be the characteristics of New Nepal”
US asks Maoists to stop intimidation
Maoists for inclusive economy
Two Maoist leaders could soon be set free by India
Maoists express objection to Citizenship Bill “The bill was passed taking advantage of a fluid political situation.” ..... Maoists are in favour of passing the citizenship bill from the interim legislature to be formed shortly. ..... Leader of People's Front Nepal Lilamani Pokhrel has said that by passing the citizenship bill, some elements in politics are trying to delay the process of the election to the constituent assembly. ...... Minister for Industry, Commerce and Supply, Hridayesh Tripathi, said the bill was passed as per the agreement made among the eight parties and in the spirit of the declaration of the House of Representatives.

'Prompt and effective’ UN response needed in Nepal, Martin stresses to Security Council Kantipur
Asian Indigenous reps assess ‘UN Decade of Indigenous Peoples’
NC district presidents want monarchy out Of the 26 interviewed 16 said the 238-year-old monarchy has outlived its significance. ..... Dr Bhupendra Bahadur Khadka, NC Mygadi district president. He even claimed that not a single cadre, at a recent gathering of active party members in his district, favored the continuation of monarchy. ..... Surya Man Gurung of Taplejung and Prem Raj Rai of Okhaldhunga to Ram Kumar Chaudhary of Saptari and Mangal Bahadur Shahi of Humla, none of them want monarchy to continue. ...... Twelve of these 16 party district presidents said the party should take an immediate decision on monarchy. "If the party fails to make its position clear before the constituent assembly polls, it will be hard for them to face the people who actively participated in Janaandolan-II and want to do away with the monarchy," said NC Humla district president Shahi. "The party has kept us in a state of confusion for such a long period. What do I tell people about the party's stance when I go to Humla in a few days?" he said. ........ Tirtha Ram Dangol of Kathmandu, Chandra Maharjan of Lalitpur and Sanjay Gautam of Bardiya fall in this category. "The party dropped monarchy from its statue at its 11th general convention?" they argue.
Maoists carry on excesses
Duped by Manpower Brokers, hundreds of Gulf-bound Nepalese stranded in Delhi
सेयर मूल्य एक दिनमा ४ अर्ब बढ्यो
अन्तरिम संविधानलाई अन्तिम रूप दिन पहल दल-माओवादी समझदारीमा अन्तरिम संसदको बनोट, त्यसमा दलहरूको प्रतिनिधित्व, राजाको स्थान र भविष्यको निर्णय कसरी गर्ने भन्ने सवालमा सहमति भइसकेकाले अन्तरिम संविधानको टुंगो २/४ दिनमै लाग्ने दुवै पक्षको विश्वास छ ।
माओवादी नेताहरूसँग राउटे
सम्झौताप्रति जनजातिको विरोध
गणतान्त्रिक मोर्चाबाट सामूहिक राजीनामा
माओवादीले ८० प्रतिशत आदिवासी-जनजाति पठाउने नेकपा -माओवादी) ले अन्तरिम संसद्मा आदिवासी जनजाति, महिला र दलितलाई अत्यधिक संख्यामा मनोनयन गर्ने भएको छ । ..... माओवादीका तर्फबाट ४० प्रतिशत महिला र २० प्रतिशत दलित सांसद बन्ने छन् । ...... करिब दुई घन्टासम्म कार्यक्रममा रहँदा उनले भाषण गरेपछि करिब ५० वटा जति लिखित प्रश्न सामना गरेका थिए । ..... 'ती कुइरे... स्वोरी सात समुद्रबाट नलिए पनि हुन्छ भनेर प्रधानमन्त्रीलाई भनें ।' त्यो कुरा सुनेर सबै हाँसेपछि प्रचण्डले भने फेरि थपे- 'त्यो युद्धकालीन भाषा हो ।' ..... 'संविधानसभा चुनाव हुन नदिने तत्त्वहरू सात दलभित्रै छन् । त्यसका लागि दरबार पनि लागिपरेको छ ।'
माओवादीद्वारा यातना
नयाँ फड्को
राज्य पुनःसंरचनामा राष्ट्रिय सहमति
लेडिज फस्ट
समानुपातिक निर्वाचनको औचित्य

Ethnic Autonomy to Remain a Maoist Agenda: Prachanda Himalayan Times "We will no more remain Maoists if we forget the agenda of ethnic autonomy, through which we gathered strength and support of the mass. Voices of the ethnic communities, Dalits, women and other marginalised sections of the society will remain our voice forever" ...... the Maoists' representation in the interim parliament will be proportionally inclusive and will have over 40 per cent women.
Six-year-old’s sermons enthral Nepal
United Nations taps 16 countries for observers here
More water in pipeline for City

Pranab to visit Nepal next month NDTV.com, India
Nepal monarchy is down but not out
Hindustan Times, India King Gyanendra is reportedly working overtime to secure for the Palace a ceremonial niche -- or failing that, some political relevance ..... the Palace’s money power; its “moles” across the political spectrum; the royal network spanning generations and the distinction the vastly illiterate electorate could make between the widely-despised incumbent and the institution of Monarchy. ...... Gopal Man Shreshta has said the King be made the Republic’s first President if he quits voluntarily for a smooth transition. ...... A crack between the Maoists and the Seven Party Alliance might rob the April Revolution -- as the latest uprising has come to be known -- of its raison d’etre. ..... Spared the referendum, the King might seek to subvert popular will through manipulation and money power, said Madhav Nepal, during the selection of candidates, the campaign and after the formation of the Constituent Assembly that will decide the Monarchy’s fate at its very first sitting. Gyanendra’s point will be proved -- and ground laid for a future political role -- if a good percentage of House members vote for the dynasty. ..... On the flipside, a referendum, without denying the King a chance to gauge his ground-support, would have posited the Monarchy’s abolition as the core issue -- rather than a step that it is, in the construction of a New Nepal. Either way, the choice was difficult.
UML directs MPs to form republican fronts at local level Gorkhapatra
Formation of new Nepal Govt maybe be deferred by two weeks
Zee News, India
Nepal govt, Maoists readying new Constitution Times of India
Nepalese women demand greater representation in Parliament Zee News
New National Anthem for Nepal evolved Zee News, India
Nepal Has A New National Anthem United We Blog
Poet Byakul Maila's song selected as Nepal's new National Anthem Kantipur Online
UN to send monitors to Nepal to support peace deal
Reuters AlertNet, UK
Why Nepal crown prince won't pick up hunting trophy
Telugu Portal, India the aide received a rude shock when he was told the palace would have to pay customs duty to claim the package, a thing unheard of till April, when the royalty was above the law and taxes. ..... After the stunned aide went back to the palace with the bad news, he never came back with or without the money. Since then the trophy has been gathering dust at the dark customs shed...... Nepal's leading daily Kantipur reported that since normally packages are kept only for a week, customs officials are now thinking of issuing a public notice in newspapers, asking the intended recipient to pay duty and claim his parcel. ..... If he still fails to do so, it may end up being auctioned.

Tuesday, November 28, 2006

Nepali Organizations In New York City

March And Rally For Full Immigrant Rights





Peace In Nepal: Reflections
Empowering The Nepali Diaspora
Mantra For An Economic Revolution In Nepal







Nepali Organizations In New York City 1
Nepali Organizations In New York City 2
Nepali Organizations In New York City 3
Nepali Organizations In New York City 4
Nepali Organizations In New York City 5

Nepali Organizations In New York City
Coordinator: Tara Niraula, America Nepal Friendship Society
Convenor: Paramendra Bhagat, Hamro Nepal



Oct 21 March And Rally For Full Immigrant Rights 1
Oct 21 March And Rally For Full Immigrant Rights 2




March And Rally For Full Immigrant Rights: Nepali Presence 1
March And Rally For Full Immigrant Rights: Nepali Presence 2
March And Rally For Full Immigrant Rights: Nepali Presence 3
March And Rally For Full Immigrant Rights: Nepali Presence 4
March And Rally For Full Immigrant Rights: Nepali Presence 5
March And Rally For Full Immigrant Rights: Nepali Presence 6
March And Rally For Full Immigrant Rights: Nepali Presence 7









Karma Gyalden Sherpa 1
Karma Gyalden Sherpa 2
Tek Gurung
Nepal Study Group, New School
Memorial Service: September 23 Helicopter Crash: Nepal 1
Memorial Service: September 23 Helicopter Crash: Nepal 2
Dinesh Tripathi
2006 Elections Victory Party
Carly Fiorina: "The Academy Awards Of Business"
Jackson Heights
Langhali Association: Govind Thapa Magar
Madhesi Gathering In Prospect Park 1
Madhesi Gathering In Prospect Park 2

Monday, November 27, 2006

Management Of Arms And Armies Accord



Preamble

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.

1 Modalities of the Agreement

1.1 Principles

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 missions 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 respect the security, freedom of movement and well-being of UN Mission and associated staff, 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.

1.2 Definitions

The following definitions are accepted:

Cantonment (Maoist army) is a temporarily designated and clearly defined geographical area for encampment and provision of services for the Maoist combatant units including weapons, ammunition and equipment. The cantonments are provided for all echelons of the Maoist army.

Barracking (NA) is the deployment of Nepal Army units to barracks, including weapons, ammunition and equipment. No units below a company level will be independently deployed unless for activities specified elsewhere in this agreement or otherwise mutually agreed by the parties.

Secure arms storage areas are either military barracks with regular armoury stores used for storage of weapons, munitions and explosives, or storage containers established in special perimeters at cantonment sites controlled and guarded by the responsible unit.

"The parties" refers to the party of Government of Nepal (including the Nepal Army) and the party of the Communist Party of Nepal (Maoist), (including the Maoist Army.)

UN Monitoring refers to all efforts by the United Nations to determine relative compliance with the terms spelled out in this agreement and to report to all the parties and others concerned its findings.

The Joint Monitoring Coordination Committee (JMCC) is the monitoring, reporting and coordinating body chaired by the UN with membership of the parties. The JMCC is responsible for supervising compliance by the parties to this agreement.

Joint Monitoring Teams (JMTs) are the bodies which will assist in monitoring the cessation of hostilities. The Joint Monitoring Teams will be active at the regional and local level and in mobile teams. Each team will be comprised of one UN monitor serving as team leader, one monitor from Nepal Army and one monitor from the Maoist Army. Joint Monitoring Teams will not be used for weapons storage inspections. Inspections at Maoist army cantonments will take place with a UN monitoring team and a representative of the Maoist army. Inspections at Nepal Army barracks will take place with a UN monitoring team and a Nepal Army representative.

Maoist army combatants: For purposes of this agreement this will include regular active duty members of the Maoist army who joined service before 25 May 2006, who are not minors and who are able to demonstrate their service, including by CPN(M) identity card and other means agreed by the parties.

1.3 Promotion

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.

1.4 Phases

This agreement shall come into force upon signing. These phases shall occur in the following sequence:

Reporting and verification;

Redeployment and concentration of forces;

Maoist army cantonment, NA barracking and arms control; and,

Full compliance with the agreement.

A full and practical timeline will be established by the parties for all of these activities to take place in consultation with the UN.

2 Reporting and verification

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:

Order of battle/military structure, organisation, deployment and number of troops;

Minefields, landmines, unexploded ordnance, standard explosives, improvised explosive devices and exact location of such items;

All necessary information about roads, tracks, trails and passages related to encampments;

Information regarding armed or unarmed groups working along with the parties, the Nepal Army (NA) and the Maoist army, including their responsibilities; and,

Other information required by the UN for proper monitoring of the disposition of arms and armies.

The UN Mission shall check this information immediately after monitors are deployed.

3 Redeployment and concentration of forces

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 the UN 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.

4 Maoist Army cantonment, barracking of the NA and arms control

4.1 Maoist army cantonment

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.

4.1.1 Commanders’ responsibilities

The normal Maoist army chain of command, control, communication and information will be utilised 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:

Command structure for the unit and sub-units plotted on a map;

Names of commanders down to company level;

Communication system;

Complete list of personnel;

Complete list of weapons, i.e. types, numbers, serial number and calibre under storage at the main cantonment sites;

Ammunition inventory type, lot number and amount; and,

List of names for the site security guards detachment, and complete list of weapons and ammunition for the detachment (main and satellite cantonment levels).

Site commanders’ responsibilities include:

Camp security, including access control to the site;

Respect of the security, freedom of movement and well-being of UN and associated staff, goods and services;

Providing information in cooperation with the UN Mission;

Maintenance of discipline, morale and normal training in the spirit of the Comprehensive Peace Accord, excluding live fire exercises;

Daily routines and control of troops; and,

Logistics and camp services (in cooperation with the Government of Nepal and other assisting agencies).

4.1.2 Weapons storage and control

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. Unsuitable devices will be destroyed immediately. Stable devices will be stored safely and under 24-hour armed guard. The parties, in consultation with the UN, will determine a timeline and 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:

A solid fence will surround the specified area, including a gate with a lock. There will be signs on the fence clearly identifying the restricted area.

The weapons storage depot will be composed of storage containers painted white and furnished with shelves for safe weapons storage and easy control, and with a complete inventory (weapon type, calibre and serial number).

A single lock provided by the UN will secure each storage container. The key will be held by the designated main cantonment site commander. A 24-hour surveillance camera will cover the storage site and will be monitored from the UN office in the cantonment site. Floodlights will be switched on automatically during hours of darkness.

The UN will provide an inspection registration device mounted on each container door indicating when the storage container has been opened.

An alarm system will be connected to sirens in both the UN office and the camp commander’s office. The system will be activated if the container door is opened without a “safe button” having been switched off in connection with regular inspections.

UN monitors will carry out the inspections of the arms storage area and containers in the presence of a Maoist army representative.

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.

4.1.3 Registration of Maoist army combatants at cantonment sites

All Maoist army combatants will be 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 possession of weapons or not. If with weapon, the type and 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 be 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 determined. This registration card will be the basis for any 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 honourably 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.

4.2 Barracking of the Nepal Army

4.2.1 General regulations

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, mobilise 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.

4.2.2 Commander responsibilities

The normal NA chain of command, control, communication and information will be utilised to monitor the NA deployment to barracks. The commanders shall provide the following information in detail to the UN Mission:

Command structure for the unit and sub-units plotted on a map;

Names of commanders down to company level;

Communication system;

Order of battle/military structure, organisation, deployment and number of troops;

Minefields, landmines, unexploded ordnance, standard explosives, improvised explosive devices and exact location of such items; and,

Other information required by the UN for proper monitoring of the disposition of arms and armies.

The NA will respect the security, freedom of movement and well-being of UN and associated staff, 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.

4.2.3 Weapons storage and control

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 the concerned party. The barrack 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.

4.2.4 Deployment and Concentration of Forces – NA permitted activities

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 NA, 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 information will be made available to UN monitors when deemed necessary in a case-by-case basis.

Permitted NA activities include:

Routine military activities within the barracks and regular training in barracks and camps. The JMCC will be notified 48 hours in advance before undertaking limited live fire exercises at designated live firing ranges.

Participation in official ceremonies, parades, etc. as directed by the Government.

Provision of Border Security as directed by the Government.

Relief of troops on a one-to-one basis, including transport as mentioned.

Regular maintenance and replacement of non-lethal equipment, including transport as mentioned. Maintenance and replacement of lethal weapons will take place only with the determination of the interim government or agreement by both parties.
Execution of development and construction tasks as directed by the civilian authorities, on central, regional and local levels.

Provision of support in relief work in times of natural and other disasters as directed by the Government.

Participation in Peacekeeping Operations called for by the United Nations, and all preparations, transport, training, transfer of equipment, etc. connected to this.

Provision of security for VVIPs and VIPs.

Provision of security of vital installations as directed by the Government.

Provision of security of transportation of Nepal Rastra Bank funds.

For all of the above activities the rules regarding notification of troop, air movements and exercises spelled out in section 5.2 apply.

5 Compliance with the Agreement

5.1 Prohibited Activities

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:

Holding and carrying arms is in violation of the law. Displaying arms, intimidation and any type of use of violence is prohibited, and use of arms is legally punishable.

Any type of arms and weapons targeted against each other in a direct or indirect way or any act of attack.

Harming or intimidating any person, including internally displaced persons, humanitarian and development workers and other non-combatants, and any seizure of their equipment and property.

Ambushes, murder or violent operations.

Kidnapping, unlawful detention or imprisonment, disappearances;

All offensive military flights in and over Nepal.

Damaging or seizing public/private/government, military or UN property and all attacks on UN personnel and installations.

Planting mines or improvised explosive devices, conducting sabotage or military espionage.

Recruiting additional armed forces or conducting military activities against each other, including transporting weapons, ammunitions and explosives (unless mutually agreed by the parties and notified in advance according to the terms of this agreement.)

Collecting cash or goods and services or levying tax against one's wishes and against the existing law.

Any actions that impede or delay the provision of humanitarian assistance or protection to civilians.

Any restrictions on the safe, free and unimpeded movement of humanitarian or development agencies undertaking activities approved by the interim government or its successor.

All acts and forms of gender-based violence.

Any restrictions on the free movement of people and goods.

All activities that obstruct the efforts of the UN Mission and amount to a failure to cooperate with the UN Mission, including the prohibition of the UN Mission patrols and flights over any location.

Any attempt by a party to disguise its equipment, personnel or activities as those of the UN Mission, other United Nations agencies, the International Committee of the Red Cross/Crescent or any other similar organisation.

Any attempt to redeploy military forces and equipment or occupation of any positions out of their respective deployment positions without the consent of the Joint Monitoring Coordination Committee.

The use of children who are 18 years old and under in the armed forces.

All hostile propaganda and incitement to military action.

The parties shall also refrain from all activities that are prohibited elsewhere in this agreement.

5.2 Permitted activities

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:

De-mining and decommissioning of military hazards;

Development activities to include improvement and opening of roads, rehabilitation of bridges and passages and airstrips according to the decisions of the interim government;

Humanitarian relief;

Socioeconomic activities such as assisting free movement of people, goods and services;

Free movement of unarmed soldiers in plain civilian clothes who are on granted leave, medical referrals, or visiting families – no more than 12 percent of the total retained force at a given cantonment or barracks will be on authorised leave at any given time unless mutually agreed by the parties;

Supply of non-lethal items to military units, food, water, medicine, petrol, oil and lubricants, stationary, uniforms etc; and,

Medical evacuation.

5.3 Violations

The following acts shall constitute violations of the agreement:

Any act that contravenes this agreement;

Unauthorised troop movements;

Unauthorised recruitment, conscription or mobilisation;

Unauthorised replenishment of military equipment;

Violation of human rights, humanitarian law or obstruction of freedom of movement of people, goods and services;

Espionage, sabotage, air surveillance and acts of subversion; and,

Military flights, or military flights utilising civilian aircraft, over cantonment sites without 48-hour notification to the parties and the UN mission, except in emergency situations or medical evacuations.

6 The United Nations Mission

6.1 The Joint Monitoring Coordination Committee

The Joint Monitoring Coordination Committee (JMCC), the chairman of which will be appointed by the UN mission and the delegates from the parties determined by the parties themselves. The nine-member JMCC shall be composed of representatives from the UN, NA and Maoist Army. The neutral Chairman will be appointed by the United Nations. 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.

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:

To assist the parties in implementing this agreement. The JMCC shall be the central coordinating body for monitoring arms and armies in accordance with the terms of this agreement.

To serve as a dispute resolution mechanism. The JMCC shall resolve all disputes and military or operational difficulties, complaints, questions or problems regarding implementation of this agreement.

To assist in confidence building. The JMCC shall work to gain the trust and confidence of the parties and promote the overall goals of this agreement among the people in Nepal.

In order to achieve these goals, the JMCC shall operate according to the following basic principles:

(1) Resolve all problems and disputes at the lowest level possible, i.e. delegation of authority to the JMTs;

(2) Promote joint problem-solving and build trust and confidence through active efforts to appropriately investigate and report on all incidents of concern to the parties; and,

(3) Build on lessons learned in the process.

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 chair of the JMCC in consultations with that body.

The tasks of the JMTs will include:

Village and community visits and liaison with the civilian community;

Cooperation with other UN-agencies, and liaison with international organisations and non-governmental organisations;

Assistance to the parties in creating a favorable operational environment for the conduct of the ceasefire by information sharing and defusing local tension;

A pro-active concept for initiation of conflict management at the local level; and,

Investigation of complaints linked to possible alleged violations of the agreement, reference paragraph 5.1, and to recommend measures to ensure compliance.

7 Miscellaneous

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.

Done in Kathmandu, Nepal on the 28th day of November, 2006 (12 Mangsir 2063 BS)




___________________ ___________________
Krishna B. Mahara Krishna P. Sitaula
Coordinator Coordinator
Negotiating team Negotiating team
CPN (Maoist) Government of Nepal



__________________
Witnessed by
Ian Martin
Personal Representative of the Secretary-General
United Nations




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Saturday, November 25, 2006

Tackling Bahunbaad


You have a situation in Nepal where no matter which party wins or loses, the president is going to be a Bahun for the next 20 years. That is not a good thing.

The political proposals I have to make I have codified in the proposed constitution I have written and circulated. (प्रस्तािवत संिवधान) It is not a given that this document will gain wide acceptance. It is an uphill task. The status quoists from the 1990s are still calling the shots. Most of the appointments that have been made by the Koirala government smack of Bahunbaad plain and simple.

The non-Bahuns have their work cut out for them.

Three groups are going to have to form a strong political alliance: Dalit, Madhesi, Janajati.

Dalit

The Dalits have it real tough. They are a clear case for reservations. But how do you bring about a broad empowerment of the community? How do you bring about a basic social transformation?

I have been advocating a mass Dalit conversion to Buddhism. But it does not have to be Buddhism. It could be Christianity, or some other religion. In my mind it makes no sense to try to reform the caste system. The caste system, by definition, is hierarchical. You can end it, but you can't mend it. Can you end it? Is it easier to end it, or to stop having anything to do with it? I think it is easier and better to abandon it totally.

And so I am for Dalit conversion into other religions. It does not matter what religion.

Take the Ambedkar option. That is my message to Dalits.

Janajati

It is heartening to me that the Janajati groups in New York City are numerous and organized. It is freshening to me how openly someone like Karma Gyalden Sherpa talks about Bahunbaad. I am eager to build a strong Madhesi-Janajati coalition that would have implications for the power equation in Nepal.

That coalition will have to be issue-based. There is going to have to be a conscious effort made. Otherwise the Janajatis traditionally have had the tendency to present themselves as Janajatis to the Bahuns but as Pahadi to the Madhesi community. That will not fly. That will slow down their own path to empowerment, because power is in numbers, and the Janajatis do need the Madhesis to get there faster.

Madhesi

The Madhesi are few in number in the city, few in number in the positions of power in Nepal. The powers-that-be cultivate the token Madhesi to use against the Madhesi masses and against genuine Madhesi empowerment. We have to watch out for that.

The Madhesi challenge when the numbers are small is to fight internalized prejudice. That is different from the internal prejudices of the Madhesis, be it casteism, or sexism, or classism.

Here also the idea is coalition building around a simple common minimum program.

Are people willing to meet periodically? Will they have open discussions? Can they verbalize their experiences in prejudice? Are they willing to reach out to build coalitions with other groups?

MJ, MY

Laloo Yadav built a strong Muslim-Yadav coalition to turn things upside down in Bihar in terms of the power equation.

There is a need to build a strong Madhesi-Janajati coalition in Nepal to take over power. Democracy is not going to be enough. Social justice remains a major challenge.

A New York City Experiment

The city remains a choice place for that. When I went to the Memorial Service for the September 23 chopper crash victims, I was amazed by how many of them who had died in Nepal had family, relatives and personal friends living in the city.

Common Ground

In the context of the Nepali community in New York City, the real news might be the non-status of the Nepalis in the city's politics. The Bahuns might manage to express their Bahun attitudes in their mini Bahun circles, but they are just as insignificant as anyone else in local city politics. They are going to have to realize that and allow for a democratic organizing of the 40,000 Nepalis in the city. That would be a first step. The next step necessarily is coalition building with the other Global South populations in the city.

On The Web

Caste - Wikipedia, the free encyclopedia
Indian caste system - Wikipedia, the free encyclopedia
Castes of India
Caste system in modern India
Social Castes
India's Caste System
caste: Definition and Much More from Answers.com
Caste and Varna
The Caste System in Hinduism
Behavior of the high castes
Caste - Wikipédia
India | Caste and cash | Economist.com
caste -- Encyclopædia Britannica
Kamat's Potpourri: The Caste System
Caste System in India
Sub-Castes Among Dalits
Nepal - Caste and Ethnicity
[PDF]Scheduled Castes 10.70 Special Central Assistance to Special ...
CASTE - SOUTH AFRICA
India's lower castes can now go to private schools | csmonitor.com
Castes in India by Damodar K.Mavalankar - Adyar Pamphlets No. 6
Blog Castes: The Real Ranking of the Blogoshpere « Change Is Good
caste -- Encyclopædia Britannica
Caste Matrimonial Sites - Indian Castes - Shaadi.com
Castes
Sample Chapter for Dirks, N.B.: Castes of Mind: Colonialism and ...
BioMed Central | Full text | Genetic affinities among the lower ...
NPR : India Pits Affirmative Action Against Castes
The Hindu : National : Upper castes dominate national media, says ...
Mayawati, BJP rush to woo upper castes in UP- The Economic Times
Dirks, N.B.: Castes of Mind: Colonialism and the Making of Modern ...
national scheduled castes finance and development corporatioin nsfdc
[PDF]Scheduled Castes (SCs) 10.67 Special Central Assistance (SCA) for ...
Energetics reveals physiologically distinct castes in a eusocial ...
Economic boom blurs lines among India’s castes « Ekawaaz - One ...
Orissa temple for all castes : HindustanTimes.com
Indian caste system: Information from Answers.com
'What more do the upper castes want?'
caste of the Honeybees
Castes – Le «blog personnel» de Joe Clark
Myrms Ant Nest - Castes of Ants
WWW Virtual Library Sri Lanka : Sri Lanka Caste System
India Together: Dalit Christians: Scheduled Castes or not? - 20 ...
National Commission for Scheduled Castes
Books on Dalits, (Scheduled Castes)