SPA 23-Point Understanding

December 23, 2007


1. Monarchy: Nepal would be a federal democratic republican state. The republic would be implemented by the first meeting of the Constituent Assembly. However, at least two-thirds majority of the existing number of members of the Legislature-Parliament can pass a proposal implementing the republic even prior to the election of the Constituent Assembly if the king creates serious obstacles to prevent the Constituent Assembly election. The Council of Ministers will take a decision to present such proposal and it will table such a proposal at the Legislature-Parliament. The king would have no powers regarding the state governance and that all the works related to state governance will be carried out by the Prime Minister. The Prime Minister would carry out the works of the Head of State until the implementation of the republic.

2. Election System Inclusion: The 240 constituencies under the present first-past-the-post system have been retained and the number members to be elected on the basis of the proportional election system has been increased to 335 from 240 and the number of members to be nominated by the Council of Ministers on the basis of consensus has been increased to 26 from the previous 17. Necessary amendments would be made in the Interim Constitution incorporating these provisions. The 26 members of the Constituent Assembly to be nominated by the Council of Ministers will also include people nominated from the indigenous nationalities which have not been represented in the election

3. Appointment: Necessary provisions related to the appointment of the Secretary-General of the Legislature-Parliament would be incorporated in the Interim Constitution

4. Unification of NC: Necessary arrangements would be made through amendment to the Constitution regarding the unification of the Nepali Congress and the Nepali Congress (Democratic)

5. Appointment: Necessary provisions would be made in the Constitution through amendment regarding the appointment to the vacant posts of the members of Legislature-Parliament resulting from the demise, resignation and expulsion of some members of the Legislature-Parliament

6. State Restructuring Commission: The government will constitute, through consensus, the commission for investigation of disappeared people, the truth and reconciliation commission, the commission related to the restructuring of the state, the scientific land reforms study and recommendation commission, and the high-level monitoring committee for monitoring the effective implementation of the comprehensive peace agreement and the understandings reached after that. It is also stated that a high-level peace commission would be constituted as per the comprehensive peace agreement and the Ministry of Peace and Reconstruction will carry out works in coordination with it.

7. Local bodies: A mechanism would be put in place in the local bodies on the basis of consensus and a decision to that end would be taken by a coordination committee comprising the top leaders

8. Relief to victims: The families of people killed during the time of armed conflict would be provided relief assistance within February 12, 2008 as per the comprehensive peace agreement. In the case of the disappeared, relief would be given to the families of the disappeared people on the basis of the report of the investigation commission. This commission will submit its preliminary report within a month from starting its work

9. Return seized property: Private and public properties including houses and land seized by Maoists in course of the armed conflict up to now would be returned to their rightful owners and agencies within a month. A mechanism would be set up at the district under the chairmanship of the Chief District Officer for implementing this agreement at the district level. The displaced will be rehabilitated to their homes and original places in a dignified manner

10. Relief funds to injured: The National Human Rights Commission will be requested to monitor the provisions regarding the compensation to the families of the people killed or disappeared in course of the armed conflict, the return of houses and properties seized in course of the conflict to their rightful owners and rehabilitation of the displaced people

11. Allowances to PLA: The verified fighters of the Maoist army would be paid the remaining amount as per the agreement in installments by the month of Magha and that the amount would be provided on a monthly basis in the days to come. Those declared ineligible following the verification would be returned home after being paid their dues

12. Democratization Integration: In connection with the integration of the verified Maoist army as per the interim constitution, the Special Committee to be formed by the Council of Ministers would discussion and move the process forward

13. Formation of commission: The Commissions to be constituted as per article 154 of the Interim Constitution (see note 2) would be materialized within the next one month

14. Prisoners of conscience: The Maoist inmates who have been jailed for various reasons during the armed conflict and yet to be released will be freedom by the month of Poush and the cases filed against the Maoist leaders and cadres would be annulled. Likewise, efforts would be made at the diplomatic level in order to release the Nepali Maoists jailed in foreign countries during the conflict. The cases filed against political personalities due to political reasons would be withdrawn

15. Minimum program: A coordination committee comprising the senior leaders would be formed in order to support and coordinate the good functioning of the interim constitution and formulation of the new constitution, comprising CA elections, federation republican state and multiparty democratic governance. The Coordinator would be fixed by the Committee and it would also determine its style of working

16. Action against corruption: The interim government will given top priority to maintaining effective law and order, making daily goods of public importance easily available, good governance, corruption control, impendence and impartially

17. CA elections: Political parties and affiliated organizations/associations would not resort to any acts that would obstruct the CA elections or have any negative impact, until the CA elections was held. The Political parties and their association’s would immediately stop acts like use of force, use and displaying of arms, collecting taxes, donations from tourists, teachers, employees, businessmen and industrialists, and not to do so as per the humanitarian law

18. Political freedom: No political parties and their workers would have to face any kind of obstruction or stopping in course of carrying out the party organization’s political activities and publicity works

19. Complete action: The parties concerned expressed commitment to fully abide by and enforce all the aspects related to the issues covered by the Comprehensive Peace Agreement

20. Relief funds to injured: Government of Nepal would take the initiative to bring together international cooperation for immediate enforcement of the financial obligations including to reconstruction, rehabilitation, management, resettlement and relief to the conflict victims

21. CA elections: The seven-parties would hold seven mass meetings in various parts of the country, calling upon the general masses to take part in the CA elections

22. Reinduction appointment in the government: Following this agreement, the CPN (Maoist) would join the government immediately

23. CA elections: It is our first national agenda to ensure that the CA elections is held. We have already passed the decision to allow the destruction of the house completes in Chaitra, 2064. In this statement, the parties also heartily appeal to provide service to all the political parties, civil society and people working for professional organization in order to ensure that the elections 2064.



~ by wienmandu on September 18, 2008.

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