CODE OF CONDUCT MONITORING COMMITTEE STARTS WORK

C O N F I D E N T I A L KATHMANDU 001694 SIPDIS SIPDIS E.O. 12958: DECL: 06/27/2016 TAGS: PGOV PTER NP PINR SUBJECT: CODE OF CONDUCT MONITORING COMMITTEE STARTS WORK REF: A. KATHMANDU 1563 ¶B. KATHMANDU 1373 ¶C. 05 KATHMANDU 2556 ¶D. KATHMANDU 1576 Classified By: Ambassador James F. Moriarty. Reasons 1.4 (b/d). SUMMARY -------------- ¶1. (C) On June 26, the Government of Nepal (GON) and the Maoists determined the terms of reference allowing the cease-fire Code of Conduct monitoring committee (also called the National Monitoring Committee) to begin its work. The National Monitoring Committee will form a network of sub-committees to investigate and recommend solutions to breaches of the Code of Conduct. Prachanda told Nepali Congress (NC) leaders on June 26 that people should not worry about Maoist weapons because they were the "weapons of the people." If the Committee is effective in monitoring and limiting Maoist cease-fire violations, it will diminish the atmosphere of fear and thus begin to sap Maoist ability to terrorize the people. The full text of the National Monitoring Committee's terms of reference is in paragraph 7. End Summary. CODE OF CONDUCT WATCHDOG JUMPS TO LIFE -------------- ¶2. (U) The 31-member National Monitoring Committee, led by Professor Birendra Prasad Mishra, began meeting on June 27 to set out its plan of action. The government and Maoist talks teams on June 26 gave the committee, announced on June 15 (ref A),a 17-point terms of reference (full text para. 7) defining its responsibility to monitor the implementation of the 25-point cease-fire Code of Conduct that the GON and Maoists signed on 26 May (ref B). The terms of reference directed the Committee to follow the spirit of the November 2005 12-point agreement (ref C) and the June 16 eight-point agreement (ref D) between the political parties and the Maoists. ¶3. (U) The National Monitoring Committee is authorized to investigate and recommend solutions to violations of the Code of Conduct. The GON and Maoists will form a Joint Committee to discuss and implement recommendations. The Monitoring Committee can conduct its investigations anywhere in the country, interrogate any individual, and form local-level sub-committees to extend its reach. The Committee is also directed to cooperate with the United Nations Office of the High Commissioner for Human Rights (OHCHR) in the monitoring of human rights issues. The National Monitoring Committee's periodic reports shall be published in the media. The Committee is to have its own budget and office (location in Kathmandu to be determined) and is to exist until an elected constituent assembly creates a permanent constitution. PRACHANDA: NO NEED TO WORRY ABOUT MAOIST WEAPONS -------------- --- ¶4. (C) On June 26, Prachanda, Baburam Bhattarai, and Maoist talks leader Dinanath Sharma held a private meeting with Nepali Congress (NC) leaders Sushil Koirala (Vice-President), Ram Chandra Poudel (General Secretary) and NC Central Committee Members Arjun Narsingh K.C., Ram Baran Yadav, Mahesh Acharya, and Binay Dhoj Chand. K.C. told Emboff that NC leaders raised the problem of Maoist abductions, extortion, and Maoist-seized property yet to be returned to its rightful owners. Prachanda noted that Maoist weapons were "weapons of the people" and so people should not worry about them. K.C. replied that "weapons are weapons" and the Maoists needed to get rid of them. Prachanda reportedly commented that the Maoists would not return to the jungle as they were committed to the peace process. BIO NOTE: BIRENDRA MISHRA -------------- ¶5. (SBU) The talks teams appointed Professor Birendra Mishra on June 26 to lead the 31 civil society leaders, human rights activists, and professionals on the National Monitoring Committee. Mishra gained monitoring experience during his stint as an Election Commissioner from 1994-1999. He is not known to be directly affiliated with any political party. Mishra was born on July 10, 1944 in Mahottari District. He was educated in India and earned a BA with honors in philosophy, an MA in ethics and social philosophy, and a Ph.D. in philosophy. He began teaching at Tri-Chandra College of Tribhuvan University in Kathmandu in 1976 and became a full professor at Tribhuvan in 1993. He reportedly was not very popular on the faculty; at least one observer has described him as "not easygoing." Mishra claimed he was inspired by Mahatma Gandhi and once quoted a belief that "There is absolute necessity of honesty, truthfulness and responsibility in executing one's work." Mishra enjoys reading, particularly philosophical and psychological books and novels. He married his wife Shyama in June 1967 and has a son and a daughter. Mishra speaks Nepali, Hindi, and English. COMMENT -------------- ¶6. (C) The agreement by Maoists and the GON on 17-point terms of reference allows the National Monitoring Committee to get moving. This development demonstrates that the GON and the Maoists can follow through on their commitments, generating hope that the GON will continue to press for follow-through on other agreements. The questions now are how effective can the National Monitoring Committee be and whether both sides will implement its recommendations. Effective implementation of the cease-fire Code of Conduct would greatly limit the Maoists' ability to terrorize the average Nepali. Even if the Maoists hesitate to implement the Monitoring Committee's recommendations, the Committee's power to publicize its reports will bring Maoist violations into the public eye. A lot, thus, is riding on this Committee, and it is unclear whether the Committee will have either the clout or the courage to spotlight Maoist abuses. UNOFFICIAL ENGLISH TRANSLATION OF TERMS OF REFERENCE -------------- -------------- ¶7. (SBU) The following is an unofficial English translation of the terms of reference for the Ceasefire Code of Conduct National Monitoring Committee: Begin Text. Terms of Reference and Powers of the Ceasefire Code of Conduct National Monitoring Committee The Government of Nepal and CPN (Maoist) have agreed to prescribe the Terms of Reference and Powers, as given below, of the National Monitoring Committee constituted on the 15th of June 2006 as agreed upon between the Government of Nepal and the CPN (Maoist): ¶1. The National Monitoring Committee shall provide suggestions to both parties by investigating and monitoring, in accordance with international norms, whether the subjects mentioned in the 25-point Code of Conduct prepared after an agreement between the Government talks team and the Maoist talks team on May 26, 2006 have been observed or not and to bring about their implementation. ¶2. The Monitoring Committee shall provide suggestions by monitoring any type of expressions and activities from any quarters that may have its adverse impact on peace process and bring about their implementation. ¶3. While conducting monitoring in accordance with Point Nos. 1 and 2, the National Monitoring Committee shall take as a basis the spirit of the 12-point understanding reached between the seven political parties and CPN (Maoists) on Nov 22, 2005 and the eight-point agreement reached between the seven political parties and CPN (Maoist) on the 16th of June, 2006 including any agreement(s) to be reached in the future. ¶4. In case any party is deemed to have violated the ceasefire and the Code of Conduct thereof during the course of monitoring or in case such notice or information is received, the Committee shall immediately start inquiry and investigation to that effect and make efforts to settle problems through mutual understanding. ¶5. The Committee shall have free movement to and from any place or spot where the incident has occurred and to make an on-site inspection of the place concerned, carry out inquiries and collect information in the course of investigation and monitoring. For this task, both parties will guarantee security for the monitoring team. ¶6. The government talks team and the CPN (Maoist) talks team shall form a Joint Committee to discuss the report of the National Monitoring Committee and cause to implement it. ¶7. The National Monitoring Committee shall present its report about solutions or suggestions based on investigation, inquiry and agreement to the Joint Committee comprising representatives of the Government of Nepal and the CPN (Maoist). Until such a Joint Committee is in place, the talks team coordinators of both parties shall be apprised through the coordinator of the National Monitoring Committee of the recommendations and the report to be submitted by the Committee. The National Monitoring Committee shall publicize the periodic and other reports about monitoring through public media depending on necessity. ¶8. The members of the Joint Committee to be formed to receive the report of the National Monitoring Committee and to implement or cause it to be implemented shall be as agreed upon by both parties. This Joint Committee shall discuss reports received from the National Monitoring Committee and maintain an understanding for implementation. Both parties of the Joint Committee shall implement the suggestions of the report. The Joint Committee shall establish its own procedures. ¶9. The National Monitoring Committee shall, as per necessity, form sub-committee and local monitoring teams. ¶10. The National Monitoring Committee shall establish its own procedures. The talks teams of both parties shall approve the procedures. ¶11. The Government of Nepal shall provide an office, administrative, financial and other means and resources as required by the National Monitoring Committee. ¶12. The National Monitoring Committee shall seek cooperation from all relevant parties including local bodies of all political parties and human rights activists and civil society in the task of monitoring. ¶13. The Committee shall seek cooperation from the Office of the United Nations High Commissioner for Human Rights in Nepal in the monitoring of issues relating to human rights. ¶14. The National Monitoring Committee shall remain effective until the date when the Constitution to be framed after elections to a constituent assembly comes into force. ¶15. The Central Office of the National Monitoring Committee shall be located in Kathmandu and other offices may be set up within the territory of Nepal as per necessity. ¶16. Activities carried out by the National Monitoring Committee shall be kept secure as well as its documents. ¶17. Changes of amendment to the Terms of Reference and Powers may be made through the agreement of both parties depending on necessity. On behalf of the CPN (Maoist) Coordinator: Krishna Bahadur Mahara Signature: (Signed) Date: June 26, 2006 On behalf of the Government of Nepal Coordinator: Krishna Prasad Sitaula Signature: (Signed) Date: June 26, 2006 End Text. MORIARTY